In the name and legal responsibility for our client, the Arabella Hospitality SE – Denninger Strasse 169 – 81925 München, we are happy to provide the terms and conditions for this year’s Advent Calendar Campaign on Social Media.
 

 

Terms and Conditions
Arabella Advent Calender Campaign 2023

Subject

1.1 These terms and conditions govern participation in the „Arabella Hospitality Advent Calendar“ giveaway by Arabella Hospitality SE, Denningerstraße 169, 81925 Munich (hereinafter referred to as the „Organizer“).


1.2 By commenting on an Instagram post of the „Arabella Hospitality Advent Calendar“ campaign, participants accept these terms and conditions.


  1. Participation in the Campaign

2.1 Eligible participants are individuals residing in Europe who have reached the age of 18 at the time of participation and have accepted the terms and conditions. Employees of the Organizer, its affiliated companies, as well as employees of cooperating partners involved in the creation or execution of the campaign, are excluded.


2.2 The campaign starts on December 1, 2023, at 4:00 PM and ends on December 25, 2023, at 4:00 PM. Participants take part by fulfilling the terms and conditions specified in each respective post. The prize for each day is precisely defined in the Instagram post. Participation in the campaign is free of charge.


2.3 The winner of the campaign will be determined at 4:00 PM on the day following of the respective post and will be subsequently notified personally on Instagram. The winner must contact the official Arabella Hospitality Instagram account of the Organizer via private message within 24 hours. If a winner does not respond within this period, the prize will be raffled among the remaining participants.


  1. Prizes

3.1 The winner is drawn after the participation deadline for each Instagram post from all participants. The deadline for each action is the day following the post at 4:00 PM, lasting 24 hours.


3.2 Cash payment or exchange of the „prize“ is not possible.


3.3 The prize cannot be exchanged. Vouchers can be redeemed based on availability and reservation. Details for redemption will be sent to the winner by the Organizer via email.


  1. Disclaimer

4.1 The Organizer emphasizes that the availability and functionality of the campaign cannot be guaranteed 100%. The Organizer may end or remove the campaign at its own discretion or due to technical issues without creating claims against the Organizer by participants.


4.2 The Organizer is not obligated to check the content provided by participants (especially photos) for potential violations of third-party rights. However, the Organizer reserves the right to delete content with infringing, offensive, sexist, pornographic, racist, extremist, insulting, or otherwise unlawful content at any time without warning and to exclude participants in such cases. Content containing violations of competition, trademark, or copyright laws, against Instagram policies, German law, or copyright, will be removed by the Organizer upon notice. The participant is also excluded from the campaign in such cases. If the Organizer detects any form of manipulation, attempted fraud, or violations by the participant during the campaign, the Organizer is also entitled to exclude the individual from participation and delete any affected content.


  1. Liability

5.1 The Organizer is liable without limitation if the cause of the damage is based on intent or gross negligence.


5.2 Furthermore, the Organizer is liable for the slight negligence of essential duties, the violation of which endangers the purpose of the contract, or for the violation of duties, the fulfillment of which enables the proper execution of the campaign and on whose compliance the contractual partners regularly rely. In this case, the Organizer is only liable for foreseeable, contract-typical damages. The Organizer is not liable for the slight negligence of obligations other than those mentioned in the preceding sentences.


5.3 The above limitations of liability do not apply in the event of injury to life, body, and health, for defects after assuming quality guarantees for the quality of a product, and for fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.


5.4 To the extent the liability of the Organizer is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents of the Organizer, as well as to companies affiliated with the Organizer under corporate law.


  1. Data Protection Information

The Organizer and companies affiliated with it under corporate law collect, store, and use the personal data of participants (name, email address, address) only for the execution of the campaign. By confirming these terms and conditions, participants consent to the collection, use, and storage of data for the aforementioned purpose. No personal data will be disclosed to third parties. After the end of the campaign and notification of the winners, the Organizer deletes the personal data of all participants. Participants have statutory rights to information, modification, and revocation.


  1. Legal Venue

All information is provided without guarantee. Legal recourse is excluded. The campaign is subject to the laws of the Federal Republic of Germany. Munich is agreed upon as the place of jurisdiction, to the extent permitted by law.


Munich, November 28, 2023

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