As it is necessary to take care of all legal bases and therefore the language of lawyers.
The FAQ will help you to find the answers to often askes questions.
**CONDITIONS OF PARTICIPATION **
In the context addressed herein, the organiser of this ticket reservation with any subsequent draw is an individual and the sole owner of the condominium unit addressed herein. From the organiser’s perspective, the event addressed herein is a one-off promotion without a prospect of repetition.
Only natural persons who at the time of the draw are of age (aged 18 or over) and full legal age and capacity and citizens of the EU, Switzerland or Lichtenstein shall be eligible to participate and reserve a ticket. Those under the age of 18 shall not be eligible to participate.
By participating in the event addressed herein by registering and approving the payment of the reservation fee, the participant irrevocably recognises the validity and applicability of all contents of the participation terms and conditions.
It is not possible to perform a viewing of the object of the contract. All information regarding the object of the contract including its fittings and furnishing can only be accessed on the offer homepage.
2. Object of the contract
In the event of a positive completion of the ticket reservation phase, a draw shall be held for the following: the condominium unit shown on the offer homepage – Katastralgemeinde 81131 Seefeld, Bezirksgericht Innsbruck, Einlagezahl 101, B-LNR 24 portion: 141/1760 – as it is, therefore including apartment accessories (31.45m² garden plot, 39.40m² terrace, 3.08m² of cellar area, underground parking space 4 and a fireplace connection) and including the fixtures and movable furniture. Specifically, this is the kitchen (Bauknecht), sofa, dining table, stools, cupboards, beds, bookcases, TV (living room), Miele washing machine, Miele condensing tumble dryer, etc., everything that is shown in the photographs but without the computer and peripheral devices (screens, printer, etc.), without decoration and without personal items such as pictures, photos, clothing, bedding, tools, etc.
The residential ownership of apartment unit 17 is inseparably associated with the residential unit addressed herein.
The residential unit under discussion is unencumbered. Any further warranty and liability, in particular in relation to a certain volume, construction-related and cultural condition, a certain quality or certain proceeds of the residential unit addressed herein, or any other feature of the contractual object is expressly not accepted by the organiser.
3. Registration/ticket reservation:
It is possible to reserve tickets from the start of the draw for the apartment. In order to do so, the participant must register.
It is only possible to register for ticket reservation via the offer homepage set up by the organiser.
It is only possible for the participant and organiser to correspond using the contact form on the offer homepage. Each participant must ensure that he is able to receive email messages from the organiser without restriction (firewalls, spam filters, etc. should not prevent such receipt). Receipt on the server is decisive when proving the delivery of an email.
Ticket reservation requires the participant to register his first name and surname, date of birth, email address and password, expressly confirm his acceptance of the terms and conditions of participation, and accept payment of the reservation fee solely via the payment options provided on the offer homepage.
The participant is obliged to appropriately maintain and keep up to date his details in the personal area of the offer homepage; this also relates in particular to the obligation to enter any change to his email address or to provide notification of such a change using the contact form. Logging in to the personal area of the offer homepage always requires the participant’s email address and password to be entered. Any change to the original input is sent to the email address that was originally registered. If the email address is changed, a notification is sent both to the old and newly entered email address, with a request for confirmation.
The express approval of the organiser is required for more than 50 tickets to be reserved with one registration or by one person.
The reservation fee is €49.00 per ticket. The purchase price is also €49.00 per ticket.
If the organiser ultimately starts the draw for the apartment, the ticket reservation then becomes the ticket, and the purchase price of the ticket is paid by offsetting the reservation fee already provided, without requiring an additional payment process for the purchase.
Registration is input via a secure internet server. The data is then used solely to process the reservation and any subsequent draw, and to define those who are eligible for the prize as well as the participants’ information.
Registered participants can only reserve and pay for tickets for themselves; however, after successful reservation and payment in the personal area, ticket reservations can be passed on to third parties with the relevant statement of their first name and surname, as well as email address. A ticket reservation shall however only be ascribed to the person providing payment until the proven donee himself properly registers on the offer homepage and expressly confirms that he accepts the ticket reservations and the terms and conditions of participation. In the event of doubt, the actual person providing payment remains the owner of the ticket reservation and the associated rights.
The respective registered participant is solely liable for the accuracy of the personal data entered.
Immediately after complete and successful receipt of payment, the registered participant receives a confirmation email together with a confirmation of the reservations made and the relevant quantity of ticket reservation numbers; this shall be sent to the email address stated when he registered.
The organiser is a private person, meaning that the purchaser has no right to revocation. The organiser may grant the participant a return option. He must use the contact form on the organiser’s homepage at the end of the FAQs to get in touch and state his request for review. No withdrawal or revocation of any type is possible once the draw for the apartment has started.
The organiser expressly reserves the right to refuse or cancel registrations and ticket reservations, as well as reverse ticket reservations and ticket purchases. This right shall apply up to any date on which the winning ticket is drawn.
In terms of participation in any subsequent draw for an apartment that is possible in accordance with the present terms and conditions of participation, ticket reservation is only binding when the organiser has also been able to actually successfully book the issued payment. Should payment not be successful upon first attempt, e.g. due to insufficient funds in the account, an incorrectly entered credit card number, the credit card limit being exceeded, the account for which details have been provided not existing, etc. there will from the outset be no effective ticket reservation.
Upon binding ticket reservation, the participant receives the expectant right to acquire by purchase one ticket that participates in the draw for each ticket reserved, should the draw for the apartment be held. In what is purely the ticket reservation phase, a contract regarding a game of chance has not yet been concluded; this is also in accordance with the express intent of the participants and organiser.
The registered participant herewith expressly agrees that he will receive information from the organiser and that this will be sent to the email address the participant has provided.
The organiser has the right to cancel at any time during the ticket reservation phase. This will happen in particular if it should become apparent that interest in ticket reservations is insufficient or alternatively that the start-up and marketing costs are disproportionate. In the event of cancellation on the part of the organisation, which must be notified to the depositary, and the associated information must also be provided on the offer homepage and via all registered email addressees, participants may make no further registrations and reservations thereafter. Registered participants who have already successful undertaken ticket reservation with booked payment receive a refund for the ticket reservation fee minus a processing fee of €5.00 per reserved ticket, and minus a payment transfer cost amount of a maximum of €2.50 per reserved ticket to an account that they must specify within four weeks; they must provide the IBAN and BIC of this account. The payment transfer cost amount is based on the equal distribution of all costs that must be verified to the depositary and that affect monetary transactions, such as charges and fees for acquirers (credit card, PayPal and instant transfer, etc.), gateways, banks and payment service providers, on all ticket reservations paid. If after cancellation there is a surplus between the withheld processing fee and the amount that is to be verified to the depositary, this surplus will be supplied to a recognisably charitable end.
The organiser will accept a maximum of 25,000 ticket reservations, of which up to a maximum of 5,000 will be used for marketing activities and sales promotions. The organiser is granted the right to start the draw for the apartment even if there is a lower quantity of reservations. However, the organiser must begin the draw for the apartment at the latest when there are 20,000 fully paid for ticket reservations, and end and complete the ticket reservation phase.
4. Start of draw for the apartment:
The phase of the draw for the apartment follows only a successfully completed ticket reservation phase but at the latest after 20,000 fully paid-for ticket reservations. Notification of the draw phase will be provided on the offer homepage, but also to all registered email addresses. It is in this phase that the tickets are specifically awarded, whereby the participant receives a ticket in the form of a ticket number allocation for each reserved ticket, in accordance with the obtained expectant right. This ticket shall be eligible for participation in the draw for the winning ticket. Only at the time that the tickets are allocated is it guaranteed that the draw for the apartment will be held, and the contract regarding a game of chance only comes into effect between the organiser and the participant when the ticket numbers are allocated.
A ticket reservation that has to this point only been registered then provides eligibility for ticket purchase. The respective purchase price is paid for with the respective reservation fee that has already been balanced in each case; in this instance the relevant mutual offsetting statements made by the organiser and the participant are also an expressly accepted component of the terms and conditions of participation, and offsetting is herewith also mutually agreed.
A ticket reservation number is therefore subsequently only specifically eligible to participate in the drawing of a winning ticket number upon the acquisition of a ticket or when the ticket is issued for the corresponding ticket number (ticket reservation number ‘00001’ to ticket number ‘00001’, ticket reservation number ‘00002’ to ticket number ‘00002’ and so on) in the form of ticket number allocation. If, for technical or organisational reasons, it is not possible to designate ticket numbers in synchronisation between the ticket reservation numbers and ticket numbers, and a reallocation of specific ticket numbers for corresponding ticket reservation numbers should be necessary, the organiser is expressly permitted, and granted the right to, this type of reallocation and ticket number assignment.
5. Drawing a winning ticket:
The winning ticket will be determined in the course of the ‘joker number draw’ of the Austrian State Lotteries that is generally broadcast around 7:15pm on Sundays, and around 6:45pm on Wednesdays live in the ‘ORF 2’ show hosted by Österreichischer Rundfunk, but also can be watched directly via live-stream at ‘http://tvthek.orf.at/live’; a completely random, objective and generally publicly accessible determination of the winning ticket is therefore guaranteed.
The specific date for drawing the winning ticket number must be notified by the organiser at least 14 calendar days in advance, both on the offer homepage and to the registered ticket owners via the email address they provided when registering. The specific winning ticket number will also be indicated on the offer homepage and a separate notification will be arranged by the organiser via the email address provided for the winning ticket number.
At the joker number draw conducted by the Austrian Lotteries, a total of 6 joker numbers are drawn, whereby only the first 5 joker numbers in the sequence in which they are drawn are relevant for the determination of a winner as addressed herein. The specific allocation of the sequence of joker numbers drawn to the ten thousands, thousands, hundreds, tens and units for the winning ticket must be in accordance with the following:
6. Replacement winning number:
If the winning ticket number determined by this type of lottery draw is not registered, a replacement winning number must be drawn, which will be defined as follows:
The replacement winning number is the ticket number that arises when the number 45 (forty-five) is added to the winning ticket number. This happens until a registered winning ticket number can be defined. After 24,999, the series begins against 00,000. For example, were the winning ticket number ‘11,342’, the first replacement winning ticket number would be ‘11,387’, the second replacement winning ticket number would be ‘11,432’ and so on.
7. Defining those eligible for the prize, and the acceptance of the win:
The winning ticket number defined in this way will be immediately notified by the organiser on the offer homepage, and a separate notification will be arranged that is sent to the email address registered for the winning ticket number.
The winner registered for the winning ticket number has 30 (thirty) calendar days from the date of the winning ticket being drawn to report to the depositary with respect to the win, and prove his identity. Also within this time-frame, he must report to the depositary a party eligible for the prize and transferring the contractual object; this party must comply with the terms and conditions of participation and his first name and surname, date of birth, residential address, email address and phone number must be supplied, as well as a copy of his official photo identification.
If it becomes apparent whilst checking this person’s identity that the winner registered to the winning ticket number was not eligible to participate from the outset pursuant to the terms and conditions of participation, the prize cannot be awarded to this winner and also not to any person who is eligible for the prize and is named by this winner; instead, a new winning ticket draw is performed.
If it is actually not possible for the party eligible for the prize to obtain land registry office approval for the acquisition process in accordance with Tyrolean land registry law, the prize cannot be acceded; in this instance, the winner registered for the winning ticket number has the one-off right to provide the depositary – within 30 calendar days of becoming aware of the failure of land registry approval – with the name of a person who is now eligible for the prize; this named person must be a natural person who must again correspond to the terms and conditions of participation and for whom the approval requirements in accordance with the provisions of Tyrolean land registry law must apply without restriction.
If accession of the prize is not effected or is not possible in accordance with these specifications, a new winning ticket draw is held.
The party eligible for the prize and the organiser are obliged to produce the notarized, land-register-ready document – in the required form – drawn up by the depositary regarding the acquisition process addressed herein, and must do so within 7 days of the depositary providing a request. Should the party eligible for the prize not produce the land-registry-ready document, even after the depositary provides written notice of a grace period of 14 calendar days, the prize shall expire for the party eligible for the prize and a new winning ticket must be drawn according to point 6.
In the event of a new winning ticket being drawn, the specific date for drawing the winning ticket number must be notified by the organiser at least 14 calendar days in advance, both on the offer homepage and to the registered ticket owners via the email address they provided when registering.
The time that the residential addressed herein is handed over to the ownership of the party eligible for the prize, together with the burden and existing and accidental risks, may be freely agreed between the party eligible for the prize and the organiser; however, this must be at the latest 6 months after mutually certified signing of the deed of acquisition. After successful handover, the ongoing costs for the residential unit must be borne by the party eligible for the prize.
Any warranty for a certain volume, a certain quality or certain proceeds of the residential unit addressed herein, or any other feature of the contractual object shall expressly not be accepted by the organiser.
Only all costs, taxes and fees associated with holding the draw as well as drawing up the deed of acquisition and its entry into the land registry shall be borne by the organiser. Any costs of representation that go beyond this, such as representation costs accrued by the participant but also in the sphere of the party eligible for the prize, for acquiring land registry office approval are expressly not covered by the event; instead, they are borne by the participant and party eligible for the prize.
8. Authorisation/depositary/escrow account:
The incoming payments are kept by a depositary on an escrow account set up separately for this purpose. The organiser must appoint a practising lawyer as depositary; this lawyer must be currently validly entered in the list of lawyers in an Austrian bar association. Only this appointed depositary shall manage the incoming payments on this escrow account.
The depositary is irrevocably and expressly commissioned and authorised by all registered participants to do the following from the escrow account:
- during the ticket reservation phase, to instruct to the organiser the processing fee of €5.00 for each ticket reservation effected in a given month, in each case on the final day of the month, to cover ongoing marketing, sales and other event costs;
- if the event is cancelled during the ticket reservation phase, to refund the ticket reservation fee to registered participants who have already successful undertaken ticket reservation with booked payment; such a refund shall be minus a processing fee of €5.00 per reserved ticket, and minus a payment transfer cost amount of a maximum of €2.50 per reserved ticket. For a definition of the transfer cost amount, see Paragraph 3.
- if after cancellation there is a surplus between the withheld processing fee and the amount that is to be verified to the depositary, this surplus will be supplied to a recognisably charitable end.
- in the event of a return of a ticket reservation, which must be expressly approved by the organiser in writing, the ticket reservation fee must be refunded, minus a processing fee of €5.00 and minus a payment transfer cost flat rate of €2.50 in each case per reserved ticket.
- when due and when expressly instructed by the organiser, the gambling duty pursuant to Section 58 of Austrian Gambling Legislation [Glücksspielgesetz] must be paid to the Finanzamt für Gebühren und Verkehrssteuern und Glücksspiel;
- to instruct the amounts required for covering the associated expenses and costs when holding the draw for the apartment and the allocation of tickets;
- upon the maturity date in accordance with entry in the land registry and ownership assimilation on the part of the winner, to balance the associated fees and costs, in particular the property transfer tax as well as the entry fee and the legal and notarial costs associated with drawing up and implementing the contract; any further costs of representation, such as costs of representation that are accrued by the respective participant, are expressly not covered by the event.
- within 2 weeks of the 1st winning ticket draw date, to instruct to the organiser the draw proceeds, apart from a sufficient remaining amount for balancing all fees and costs associated with entering the transfer of apartment ownership to the winner in the land registry, and for balancing all fees and costs associated with the event.
- to instruct the residual amount remaining on the escrow account after successful entry of the transfer of apartment ownership to the winner in the land registry and after the balancing of all costs associated with the event, together with the interest earned to that date and having deducted any account management fees for the escrow account, and to close the escrow account.
After the successful draw, the depositary must draw up the relevant ownership acquisition contract and make the proper entry in the land registry as defined by the result of the draw, provided that this is legally permissible.
9. Terms and conditions of participation:
The current version is available on the organiser’s website. Changes to the terms and conditions of participation are permissible with respect to participants without a personal notification, provided that the change is reasonable for the participant, in particular because it is minor and materially justified.
The participant has the right to object to the change to the terms and conditions of participation within one month of the date of publication; if he does not object in this time-frame, the changed terms and conditions of participation shall be considered accepted by him.
10. Other regulations:
It is agreed that solely Austrian law applies for this event. There is no right of appeal.
Should it become apparent that the terms and conditions of participation or parts of this agreement are not legally effective, these shall be replaced by other, legally effective formulations that come as close as possible to the original intention. The agreement as a whole shall in no way be abrogated by any legally ineffective passages.