Conditions of participation & data protection

This competition is organised by BENE GmbH, Schwarzwiesenstraße 3, 3340 Waidhofen an der Ybbs, FN 444783v. 

These conditions of participation refer to the competition of Bene GmbH. Participation in the competition shall be exclusively governed by these Terms and Conditions of Participation. By participating in the competition, the participant expressly accepts these conditions of participation. The competition is in no way connected to Instagram and Facebook and is in no way organised or supported by Instagram and Facebook. The contact person and person responsible is solely the organiser.

  1. Duration of the competition
    The duration of the competition is from 18.04.2023 to 21.04.2023 23:59. During this period, users will have the opportunity to enter the competition online.
     
  2. Procedure of the competition
    Participation takes place via:
    ACTION 1 Follow the Instagram channel: beneoffice
    ACTION 2 Post a photo of the installation THE SECRET GARDEN on your Instagram feed with the hashtag #benesecretgarden and link @beneoffice
    and agree to these terms and conditions. By entering the competition, the entrant agrees to BENE sharing their SECRET GARDEN photo on the BENE Instagram channel.
    Participation is only possible within the entry period. Entries received after the closing date will not be considered for the draw. Only one submitted entry per participant:in will be entered into the competition. It is strictly prohibited to use multiple accounts to increase your chances of winning. Participation in the competition is free of charge, voluntary and not linked to any purchase obligation.
     
  3. Eligibility
    Only persons who are 18 years of age or older and have a public Instagram profile are eligible to enter. Employees of the organiser and/or associated companies and their respective relatives and partners are excluded from participation. Participation is not restricted to customers of the organiser and is not dependent on the purchase of goods or services.
    Should a participant have limited legal capacity, the consent of his/her legal representative is required.
    All persons involved in the conception and implementation of the competition and employees of the organiser as well as their family members are not eligible to participate in the competition. In addition, the Promoter reserves the right, at its sole discretion, to exclude persons from participation if there are justified reasons, for example:
    (a) in the event of manipulation in connection with access to or implementation of the prize draw,
    (b) in the event of breaches of these terms and conditions of participation,
    (c) in the event of dishonest conduct; or
    (d) in the event of false or misleading information in connection with participation in the competition.
     
  4. Winning, notification and transmission of the prize
    The prize draw includes 3x 3 bFRIENDS flamingos from the manufacturer Bene.
    The winners will be determined after the closing date by means of a random draw among all participants. The draw will not be open to the public. The winners will be informed promptly via a private message on their public Instagram profile. Each winner:in must contact beneoffice within 3 days via private message on Instagram. There is no obligation to accept the prize. If any winner refuses to accept the prize or fails to report within the above time limit, their entitlement to the prize will be forfeited without compensation and the Promoter will determine a replacement winner in accordance with the same procedure.  Cash payment or transfer of the prize to a third party is excluded.
    The prize will be delivered by (parcel) post at the Promoter's expense exclusively to the winner or the winner's legal representative. The prize cannot be exchanged or collected by the winner him/herself.
    The costs associated with claiming the prize (travel, etc.) shall be borne by the winner.
     
  5. Premature termination of the competition
    The organiser reserves the right to cancel or terminate the competition at any time without prior notice and without giving reasons. The organiser will make use of this option in particular if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons, the proper execution of the competition cannot be guaranteed. If such a termination is caused by the behaviour of a participant, the organiser may demand reimbursement from this person for the damage incurred.
     
  6. Data protection
    Participation in the competition requires the provision of personal data. The participant assures that the personal data provided by him/her, in particular first name, surname, address and e-mail address, are true and correct.
    The organiser points out that all personal data of the participant will neither be passed on to third parties nor made available to them for use.
    All e-mail addresses and the voluntarily provided personal data of the participants will be recorded and stored exclusively for the duration of the competition for the purpose of determining the prize. . The winners' data will be stored for the duration of the statutory periods. Participants are entitled to the statutory rights of information, amendment and revocation. Further information on our data protection regulations can be found here: Privacy Policy - Page 38 (bene.com).
    Data controller: The data controller for the processing of personal data within the scope of this data protection declaration is the organiser designated at the beginning of the conditions of participation.

    Data controller:
    BENE GmbHStreet: Schwarzwiesenstraße 3
    Postcode/Place: 3340 Waidhofen an der Ybbs 
    E-Mail: office@bene.com

    6.1 Processing of personal data. Within the framework of the promotion, we process personal data of the participants as described in the conditions of participation for the purposes of carrying out the competition.
    The legal basis for the processing of your personal data in the context of the promotion is Art. Art. 6 para. 1 lit. b of the General Data Protection Regulation ("performance of contract").
    We store the participants' personal data for as long as is necessary for the fulfilment of the contractual relationship (implementation of the promotion) and/or for the implementation of pre-contractual measures taken at your request and/or with regard to warranty, guarantee or comparable obligations and/or with regard to statutory retention periods.

    6.2 Data subject rights. Pursuant to Art. 15 of the General Data Protection Regulation, you have the right to request information about the processing of your personal data ("data subject's right to information"). Pursuant to Art. 16 of the General Data Protection Regulation, you have the right to request the correction and deletion of inaccurate personal data relating to you ("right of rectification"). Pursuant to Art. 17 of the General Data Protection Regulation, you have the right to request the deletion of personal data concerning you if one of the reasons listed therein applies ("right to be forgotten"). Similarly, under Article 18 of the GDPR, you have the right to request the restriction of the processing of personal data concerning you if one of the conditions listed there applies ("right to restriction of processing"). Pursuant to Article 20 of the General Data Protection Regulation, you have the right to have personal data relating to you made available and to have this data transferred to another controller ("right to data portability"). Your rights to object arising from Art. 21 of the General Data Protection Regulation are listed in this data protection declaration, where applicable, in the respective processing. You have the right to complain to the competent supervisory authority.
     
  7. Revocation
    Participants are free to cancel their registration data at any time by sending a revocation to office@bene.com and thus withdraw from participation.
     
  8. Contact, applicable law
    The competition is carried out by BENE GmbH. If you have any queries or complaints, please contact office@bene.com, +43 01 534260.
    The competition of the organiser is exclusively subject to the law of the Republic of Austria, place of jurisdiction is 1010 Vienna, Austria. Legal recourse is excluded. 
     
  9. Severability clause
    Should any provision of these terms and conditions of participation be or become invalid in whole or in part, the validity of the remaining provisions of these terms and conditions of participation shall not be affected thereby.
     
  10. Miscellaneous
    Legal recourse is excluded. The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer within the meaning of § 1 of the Consumer Protection Act, this choice of law shall only apply insofar as no mandatory statutory provisions of the state in which the consumer is domiciled or habitually resident are restricted thereby.