Terms and Conditions of participation

Participation in competitions organised by Mr. Smart e.U., hereinafter referred to as the "organiser", is free of charge and is generally governed by these Terms and Conditions of Participation, unless otherwise announced by the organiser upon publication of the competition in question. 

Procedure of the competition

The organiser is entitled to define all the data of the competition (such as the period of participation, prize, conditions for participation, prize draw, etc.) with the publication of the competition. In addition, the organiser reserves the right to change or supplement all data of the the competition at any time - also retrospectively.

The publication of the competitions takes place through profiles held by the organiser on various social media platforms. The organiser is the owner of the following profiles:

mrsmartaustria (Instagram)

mr.smart_villach (Instagram)

smartgeneticsaustria (Instagram)

feia.salamanda (Instagram)

mrsmartshop (Facebook)

mrsmartklagenfurt (TikTok)

Profiles other than those listed here are not authorised to publish competitions on behalf of the organiser.

Entry

The requirements to participate in competitions of the organiser are defined by the organiser in the respective publication. 

By participating in the competition, the participant declares his/her agreement with the conditions of the competition. Participation is only possible within the entry period. The duration of the competition extends within the period specifically announced by the organiser in the publication. Entries received after the closing date will not be considered in the draw. Only one entry per participant into the competition will be accepted. It is strictly prohibited to use multiple email addresses or multiple social media profiles to increase your chances of winning.

Entry to the competition is free of charge.

Eligible participants

All natural persons who are resident in the EEA and over the age of 18 are eligible to enter. Participation is not limited to customers of the organiser and is not dependent on the purchase of any goods or services.

If a participant has 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 organiser reserves the right, at its sole discretion, to exclude any person from participating if there are legitimate grounds for doing so, for example

(a) in the event of manipulation in connection with access to or implementation of the competition,

(b) in the event of breaches of these conditions of participation,

(c) in the event of unfair conduct or

(d) in the event of false or misleading information in connection with participation in the competition.

Winning, notification and transmission of the prize

The prizes of the competitions will be announced by the organiser in the publication.

The winners will be determined after the closing date for entries in a random draw among all participants.

If the competition is linked to a task, only those participants who have correctly completed the task will be entered into the draw.

If the competition is limited to a certain number of winners and the competition stipulates that the order of the responses received is decisive for determining the winners, then the shown time stamp will first be used as the time of receipt of the message. If several answers of the participants have the same time stamp, then the apparent order in the respective social media profile shall be decisive. If the responses with the same time stamp are sent to different social media profiles and therefore a clear order of the responses received cannot be determined, a random draw will decide.

The winners of the draw will be informed of the prize in a timely manner via a separate e-mail or by a message to their participating social media profile.

The prize will only be handed over - upon presentation of an official photo ID - to the winner or the winner's legal representative. An exchange or cash payment of the prize is not possible. The winner may collect the prize himself/herself by making an appointment with the organiser.

The organiser will bear any costs incurred for the dispatch of the prizes. Any additional costs associated with claiming the prize will be borne by the winner. The winner is responsible for any taxation of the prize.

If the winner does not respond after two requests within a period of 2 weeks, the prize may be transferred to another participant.

Termination of the competition

The organiser expressly reserves the right to terminate prize competitions without prior notice and without giving reasons. This applies in particular if circumstances arise which prevent the prize competitions from running as planned for whatever reason, such as in the event of software or hardware faults and/or for other technical and/or legal reasons which affect the proper running of the prize competition. In such cases, the organiser shall also have the right to modify the competition at its discretion.

Privacy

Personal data must be provided in order to participate in the competition. The participant assures that the personal data provided by him/her, in particular first name, surname and email 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 without their consent.

An exception to this is the company Mr. Smart e.U., which is commissioned to carry out the competition, and which must collect, store and use the data for the purpose of carrying out the competition.

In the event of a win, the winner agrees to the publication of his/her name and place of residence in the advertising media used by the organiser. This includes the announcement of the winner on the organiser's website and its social media platforms.

The participant may revoke his/her declared consent at any time. The revocation must be sent in writing to the contact details of the organiser stated in the imprint area of the organiser's website. After revocation of the consent, the collected and stored personal data of the participant will be deleted immediately. The entire data protection guidelines are available at https://mr-smart.at/de/content/10-privacy . 

Social media disclaimer

The organiser's competitions are not affiliated with, sponsored, endorsed or organised in any way by Facebook, Instagram or TikTok.

Applicable Law

The organiser's competitions are governed exclusively by Austrian law. 

Disclaimer

The right to take legal action is excluded. There is no enforceable claim to payment of the prizes. The organiser is not liable for the loss, delay, tampering, alteration and/or misdirection of the publication of the competition or the winner of the competition. The organiser shall not be liable in any way for hardware and software failures that are beyond the control of the organiser. The organiser also accepts no liability for incorrectly disclosed data of participants. Furthermore, the organiser shall not be liable for the proper receipt of the prize notification, in particular if the prize notification is received in the winner's spam/junk folder or as a message request for reasons beyond the organiser's control.

Any liability of the organiser may only arise due to gross negligence or wilful misconduct. The organiser is not liable for manipulation or alteration of the data in our system or data carriers by third parties or participants. No liability will be accepted for damages incurred by the winner in connection with the prize.

The above exclusion of liability shall not apply in cases of liability under mandatory law, e.g. in cases of intent or gross negligence, injury to physical integrity or breach of fundamental contractual obligations. A change in the burden of proof to the disadvantage of the participant is not associated with the above provisions.

Salvatory clause

If any provision of these Conditions of Participation is or becomes invalid in whole or in part, this shall not affect the validity of the remaining provisions of these Conditions of Participation. Instead of the ineffective provision, the legally permissible provision that comes closest in economic terms to the meaning and purpose expressed in the ineffective provision shall apply. The same shall apply in the event of a loophole in these Terms and Conditions of Participation.

Questions or complaints in connection with the competition should be addressed to the organiser. Contact details can be found in the imprint section of the organiser's website (https://mr-smart.at/de/content/11-impressum).

The Mr. Smart team wishes you good luck and success!

Status: December 2020