Conditions of Participation and Privacy Notice

This Participation and privacy Information (hereinafter collectively referred to as the “Terms of Participation”) apply to participation in our competitions, contents, raffles, prize-draws or sweepstakes (hereinafter referred to as “Competitions”) referring to these Terms of Participation .

These Terms of Participation contain rules for participation, information on prizes, warranty, as well as information on the processing of participants’ data and their rights of objection and revocation.

The legal relationship between the organizer and the participants shall be governed by German law in the sense of a choice of law, regardless of the participants’ place of residence. Exclusive place of jurisdiction for all disputes arising from the legal relationship between the organizer and the participants is the state court responsible for Langenfeld (D).

Table of contents

• Introduction
• Organization
• Reference to the Announcement of the Competition
• Definitions of Terms
• Age Restriction
• Further Criteria for Eligibility
• Start and End of the Competition
• Information on Prizes
• Further Information on Prizes
• Participants’ Responsibility
• Use of the Competition Entries
• Competitions within Online-Platforms
• Information on Warranty and Liability
• Privacy Information
• Concluding Provisions

Organization

Phone: SV Hotel AG

Further contact possibilities: +41 43 814 11 11

Information about our sponsors::

Memphispark
Wallisellenstrasse 57
Postfach
CH-8600 Dübendorf 1
Switzerland

Reference to the Announcement of the Competition

Details on the conditions for participation, actions to be taken, the duration of the competition, individual sections of the competition and any prizes may additionally be derived from the descriptions provided to the participants within the context of the competition. These detailed descriptions take precedence over these Terms of Participation.

Definitions of Terms

The term “content” used in the following refers to all content uploaded, entered or otherwise communicated by entrants in the context of the competition as well as information such as photos, graphics, videos, texts, comments or information about places and persons. The personal terms used, such as “participant”, are not gender-specific.

Age Restriction

Participation is only possible from the age of 18.

Further Criteria for Eligibility

The following entry requirements and restrictions apply to our competition:

Exclusion of employees and other Involved Parties: Excluded from participation are our employees as well as cooperation partners and employees of cooperation partners (hereinafter collectively referred to as “Involved Parties”) who are or were involved in the creation or execution of this competition, as well as their close relatives, insofar as they were or should have been aware of the aforementioned involvement of the Involved Parties in the competition.

Submission of contributions: Participation in the competition requires the submission or upload of contributions according to the competition announcement.
Comment below the reel with whom you’d like to join us and follow @staykooook on Instagram

Start and End of the Competition

Start: 6. February 2022
Ende: 13. February 2022

Information on Prizes

In the following, we inform the participants about the prizes and their modalities.

You can win:

2 nights for 2 people at Stay KooooK Bern City.

Determination of Winners: The winners will be determined by a random number generator.

Further Information on Prizes

Please note the additional information on prizes

Exclusion of Transfer and Payout of Prizes.: It is not possible to pay out the profits in cash or in the form of other assets, or to exchange or transfer them to other persons.

Additional Expenses for Travels: If the prize includes participation in a trip, event, use of premises, services or comparable location-related services, the travel costs to the location (unless otherwise stated) or to the starting point of a trip that includes transport (airport, railway station, etc.) are not included in the prize. I.e. the journey is to be carried by the participant. The same applies to all private costs incurred during the trip (e.g. telephone costs, consumption, if not included, etc.).

Travel Handling via Tour Organizer: Travel is exclusively handled in direct contact between the winner and the respective sponsor or travel organiser. If a travel date is not already specified in the context of the competition itself, the date for the trip is reserved solely for the sponsor or travel organizer. A claim to a certain date of travel does not exist, unless otherwise stated or agreed. If the trip is not accepted on the date or period specified by the sponsor or tour operator, there is no longer any entitlement to the prize. With confirmation of the travel, the winner is subject to the travel conditions of the travel organizer

Participants’ Responsibility

We are not responsible for the behaviour and the content published by the participants within the context of the competition and do not adopt it as our own. Furthermore, we are not obliged to review the contents, but reserve the right to reverse their publication if there are sufficient indications that the contents violate legal requirements, official prohibitions, the rights of third parties or morality.

Exclusion in the Event of Misuse: We reserve the right, at any time and without notice, to exclude any entrant who, without express permission, uses multiple email addresses, social media accounts or the like to increase their chances of winning, technically manipulates the competition or the operation of the game, or otherwise violates these Terms of Participation or the law, from participating in the competition, subject to reasonable criteria.

No Bothering of other Persons: The participants may not bother other persons within the context of the competition. For example, any messaging, forwarding or sharing functions may not be used to send messages if it is likely that the recipient will not wish to receive them.

Exclusion of participation intermediaries: The participation of competition or sweepstake agents and other automatically generated mass participation procedures is expressly excluded and will not be taken into account when determining the winner of the competition.

Exclusion of Click Generators and Similar Mass Voting Methods: Prohibited manipulations include the use of “click workers”, click generators, the acquisition of voting numbers and likes or comparable services. Especially in the event of complaints from other participants, we must intervene in such cases to protect other participants and their fair chances of winning.

We make decisions on exclusion to an appropriate extent on the basis of objective criteria and indications, such as the rapid increase in a vote within a very short period of time. In the event of exclusion, prizes and benefits may also be subsequently disallowed and reclaimed.

Responsibility for Content: The participants must ensure that they have the necessary rights of use to the content and that the reproduction, public accessibility or processing of the content by us and by the persons commissioned by us does not violate statutory provisions, morality and/or the rights of third parties.

In particular, if photos or videos show other persons in addition to the participants, their submission is only permitted with the consent of the third party(s) and the personal and data protection rights of third parties are not violated.

Indemnification: If claims are made against us due to inadmissible content or violations of the law or these Terms of Participation for which violations participants are responsible, the participants shall indemnify us from the claims within the scope of their degree of responsibility upon first request and support us in defending the claims. The exemption shall cover the necessary legal expenses.

Use of the Competition Entries

For the purposes of coverage of the competition, its promotion or presentation of the entries and winners by us or by third parties in online media (e.g. on websites and in social media) or in print media, the participants grant us the non-exclusive right, free of charge, unlimited in time and place, to reproduce, distribute and make publicly accessible the entries they have made available to us in the context of the competition, to modify them, while safeguarding the personal rights of the participants, and to transfer the exercise of these rights to commissioned third parties, such as technical service providers. The statutory revocation rights remain unaffected.

Granting of Rights for Commercial Use of the Winning Entries: Participants also grant us the irrevocable, perpetual, worldwide, royalty-free and transferable right, without obligation to attribute their name, to use their contributions for editorial and commercial purposes (e.g. purposes of advertising or selling) in digital media (including social/mobile media), in print or broadcast formats (e.g. podcast, videocast, air broadcast), in physical form (e.g. displays), and to reproduce, process, publish, make publicly accessible, transmit, combine with other works or parts of works (e.g. with picture, video or sound recordings), edit, change in format, translate or legally transfer to third parties or grant the aforementioned rights to third parties, while preserving the personal rights of the participants.

This transfer of rights also extends to the rights to use images of persons, objects or other motives, insofar as the participants can freely exercise these rights. If participants cannot exercise these rights, they shall inform us accordingly.

Furthermore, the participants agree to sign a further, separate, legally admissible and appropriate agreement with regard to the aforementioned granting of rights at our request.

The participants assure that they are entitled to exercise the aforementioned rights.

The above rights are granted on a non-exclusive basis.

Only entries submitted in accordance with these conditions will be considered for the competition.

Competitions within Online-Platforms

If the competition takes place within an Online-Platform or a social network (e.g. Facebook or Instagram, in the following referred to as “Online-Platform”), the following provisions apply additionally.

Participants may not assert any claims against the Online-Platform that arise in connection with participation in and use of the competition. Participants acknowledge that the competition is in no way sponsored, supported or organised by the Online-Platform, nor is it connected to the Online-Platform in any way. All information and data provided by or collected from entrants in the context of the competition will be provided only to us and not to the Online-Platform. We kindly ask you to address all enquiries and comments regarding the lottery to us and not to the Online-Platform.

If we receive participant data from the Online-Platform on the basis of their permission or another legal authorisation, this data will only be used, stored and otherwise processed for the purposes specified in the competition (e.g. if we can pre-enter the e-mail address of the user in a competition form).

If participants are requested to enter access data, this data will be processed by the provider of the Online-Platform. In particular, we do not have access to the passwords of the participants.

In addition to these conditions of participation, the relationship between us, the participant and the Online-Platform shall be governed by the terms and conditions of the respective Online-Platform. Further information on the consent process, information on consents given and possibilities to revoke such consents can be found in the data protection information of the Online-Platform.

Information on Warranty and Liability

We would like to point out that the competition and the prizes are voluntary services on our part, which are not subject to the same scope of guarantee and liability as, for example, the purchase of such prizes independent of the competition.

Warranty limitations for Prizes: We shall not be liable, subject to our own fault in accordance with the provisions of the liability notices in these conditions of participation, for goods and services won which are not offered on the market by ourselves. In all other respects, the warranty and guarantee conditions of the respective providers of the items and services shall apply, provided that these do not restrict the participants and can be transferred by us to the participants.

Termination or Restriction of the Competition: We would like to point out that the availability and function of the competition can only be guaranteed within the scope of reasonability for us and the participants. The competition may be terminated by us at any time, in particular due to external circumstances and constraints. External circumstances and constraints include, but are not limited to, technical problems, legal changes or mandatory measures by third parties beyond our control.

Differences of Prizes: The prizes shown in the description of the competition may differ from the goods or services presented to the winners, provided that they are equivalent in terms of the prizes described from the point of view of an average participant. According to this, deviations in model, color, locality, etc. may exist.

Notice of Liability: The following disclaimers and limitations of liability shall apply to our liability for damages, notwithstanding the other statutory conditions for claims.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, representatives and vicarious agents. We shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the competition and on the compliance with which the contracting parties regularly rely (so-called cardinal obligations). In this case, however, we shall only be liable for the foreseeable damage typical of the respective legal realtionship. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences. We shall be liable without limitation if the cause of the damage is based on intent or gross negligence. In the case of grossly negligent breach of duty by our vicarious agents, the aforementioned restrictions to the slightly negligent breach of essential obligations shall apply .

The above limitations of liability shall not apply in the event of injury to life, limb or health, in the event of a defect following the granting of quality guarantees for the quality of a product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.

Legal Recourse: There is no legal recourse with regard to the drawing of the winners and any evaluation of the entries submitted in the competition.

Privacy Information

We process the personal data of participants in We process personal data of participants in competitions, contents, raffles, prize-draws or sweepstakes (hereinafter referred to as “competitions”) only in compliance with the relevant data protection regulations and if the processing is necessary for the provision, execution and handling of the competition (Article 6 (1) (b) GDPR), the participants have consented to the processing (Article 6 (1) (a) GDPR) or the processing serves our legitimate interests (e.g. in the security of the competition or the protection of our interests against misuse by possible recording of IP addresses when submitting entries to the competition according to (Article 6 (1) (f) GDPR).

The participant’s data will only be transmitted to other parties if this is necessary for the execution of the sweepstakes and competitions (e.g. for the purpose of sending prizes) or if a participant has consented to the transmission.

In the context of the competition, we inform the participants which of their data are required for participation.

The data of the participants will be deleted as soon as the competition has ended and the data is no longer required to inform the winners or because questions about the competition can be expected. In general, the data of the participants will be deleted at the latest 6 months after the end of the competition. Winners’ data can be retained for a longer period of time, e.g. in order to answer questions about the prizes or to fulfil the prizes; in this case, the retention period depends on the type of prize and is up to three years for items or services, e.g. in order to be able to process warranty claims. Furthermore, the participants’ data may be stored for longer, e.g. in the form of coverage of the competition in online and offline media.

Insofar as data was collected for other purposes as part of the competition, its processing and storage period shall be governed by the privacy information for this use (e.g. in the case of registration for a newsletter as part of a competition).

If we process your data or provide additional information on the processing of your data, we will provide a link to our privacy policy and refer you to this privacy policy.

As data subject, you are entitled to various rights under the GDPR, which arise in particular from Articles 15 to 18 and 21 of the GDPR:

• Right to Object: You have the right, on grounds arising from your particular situation, to object at any time to the processing of your personal data which is based on point (e) or (f) of Article 6(1) GDPR , including profiling based on those provisions.Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such marketing, which includes profiling to the extent that it is related to such direct marketing.You also have the right to object to the processing of personal data concerning you for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) GDPR on grounds arising from your particular situation.
• Right of withdrawal for consents: You have the right to revoke consents at any time.
• Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
• Right of acces: You have the right to request confirmation as to whether the data in question will be processed and to be informed of this data and to receive further information and a copy of the data in accordance with the provisions of the law.
• Right to rectification: You have the right, in accordance with the law, to request the completion of the data concerning you or the rectification of the incorrect data concerning you.
• Right to Erasure and Right to Restriction of Processing: In accordance with the statutory provisions, you have the right to demand that the relevant data be erased immediately or, alternatively, to demand that the processing of the data be restricted in accordance with the statutory provisions.
• Right to data portability: You have the right to receive data concerning you which you have provided to us in a structured, common and machine-readable format in accordance with the legal requirements, or to request its transmission to another controller.
• Complaint to the supervisory authority: You also have the right, under the conditions laid down by law, to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.