Winter Car Giveaway 2025/2026

Terms and conditions of participation “Wintercar Giveaway 2025/2026” (incl. general terms and conditions)

Organizer: Winter Automotive GmbH, Hausstattfeld 9b, 6370 Kitzbühel, Austria (hereinafter referred to as "Organizer").

These terms and conditions (hereinafter referred to as "Terms") govern the conduct of the "Wintercar Giveaway 2025/2026" prize draw (hereinafter referred to as "Prize Draw"). By participating, entrants agree to these Terms. The organizer's General Terms and Conditions (GTC) are integrated as a separate section under § 10 and apply if participation is made via a purchase.

§ 1 Scope and Organizer

  • 1) Organizer and controller (GDPR): Winter Automotive GmbH, Hausstattfeld 9b, 6370 Kitzbühel, Austria; E-mail: support@nohalfsends.shop; VAT ID No.: ATU77342902.
  • 2) Context: Implementation within the brand framework of "No Half Sends". Promotion and processing of purchase-based participation, among other things via the website/online shops, including schaefchen.at.
  • 3) Subject matter: Regulation of eligibility to participate, methods of participation (purchase, social media, post), determination of the winner, and mutual rights and obligations.

§ 2 Action period

  • 1) Period: 07.11.2025, 00:00 (CET) to 28.12.2025, 23:59:59 (CET).
  • 2) Relevant time for each participation method:
  • – Purchase (§ 4): system-logged payment confirmation.
  • – Post (§ 9 para. 2): physical receipt stamp at the recipient named therein (postmark of dispatch is not sufficient).
  • – Social Media (§ 9 para. 1): Upload time of the public post within the competition period.
  • 3) Late entries are excluded.
  • 4) Reservation: In case of important reasons (e.g. technical malfunctions, force majeure, official order), the organizer may suspend, adjust or extend the period; information will be available on the website.

§ 3 Eligibility and Exclusion

  • 1) Natural persons aged 18 and over with permanent residence in an EU member state or Switzerland are eligible to participate.
  • 2) Personal participation: only in person; no pseudonyms, no automated services, no participation on behalf of third parties.
  • 3) Excluded are employees of the organizer, commissioned service providers, persons involved in the execution as well as their relatives (1st and 2nd degree) and household members.
  • 4) Implied acceptance: Any act of participation pursuant to Section 4 or Section 9 signifies acceptance of these conditions.

§ 4 Participation via purchase in the online shop

  • 1) Mechanics: Every order placed and paid for during the competition period via the shops/websites operated by the organizer automatically participates in the competition (see § 10 of the General Terms and Conditions).
  • 2) Lottery allocation: For each full €10.00 of gross merchandise value paid (after deduction of discounts/vouchers; excluding shipping/fees) one (1) digital lottery ticket will be awarded.
  • 3) Basis of assessment: Only the gross value of the goods paid; not included: shipping costs, transaction fees, service charges.
  • 4) Validity (suspensive condition): Tickets are only valid if the purchase agreement was effectively concluded in accordance with § 10, has been paid in full and has not been revoked/cancelled.
  • 5) Reversal: In case of cancellation/withdrawal, the assigned lots expire retroactively.
  • 6) Equal opportunity – overall limit: To ensure fairness, there is an overall limit of 50 entries per person – regardless of the method of participation (purchase, social media, post). Once this limit is reached, no further entries will be credited.
  • 7) Technical processing: Management of the lot system/order matching via the data processor German eTrade GmbH.

§ 5 Prize, Draw and Settlement

  • 1) Prize and precise specification (ESSENTIAL CONDITIONS): One (1) specific used vehicle , namely a Subaru with various tuning modifications, will be raffled off among all valid entries. The estimated value of the vehicle, including all installed components, is approximately €30,000 gross.

    IMPORTANT NOTICE REGARDING QUALITY AND APPROVAL:
  • a) The vehicle is expressly raffled off as a used vehicle and “project vehicle/tuning object” ( condition as seen ).
  • b) In its current state, the vehicle does not have a valid road registration/operating permit for Austria or the EU and is not approved for use on public roads.
  • c) The winner is fully aware that the vehicle cannot be used immediately in public road traffic .
  • d) Obtaining any (and not guaranteed ) individual approval, type approval or registration is solely the responsibility of the winner and is at their sole risk and expense .
  • 2) No cash payment/transfer: The prize will be awarded as a non-cash prize, as described in section 1. The prize is not assignable/pledgeable; a cash payment (even partial), exchange, or payment of its value is categorically excluded.
  • 3) Exclusion of Substitution / Specific Vehicle: The prize will be awarded as a specific vehicle (exactly the vehicle described in section 1). There is no entitlement to a replacement vehicle, an alternative model, or compensation (equalization of value). Should the specific vehicle no longer be available for reasons beyond the organizer's control (e.g., destruction, theft before delivery), the organizer reserves the right to cancel the competition without substitution or to offer an alternative, equivalent solution.
  • 4) Draw: Non-public draw on December 28, 2026. Determination via certified random number generator (external service provider ViralSweep, LLC). The process will be logged.
  • 5) Notification: via email to the specified address.
  • 6) Response period & supporting documents: 14 calendar days from the date the prize notification is sent; proof of identity, age (18+) and residence is required . If no response is received within the deadline or if proof cannot be provided, the claim will be forfeited.
  • 7) Handover & Additional Costs: Personal handover at the organizer's headquarters (Kitzbühel). All additional costs are borne by the winner. This includes, but is not limited to: travel expenses to and from the collection point; transport costs (e.g., by trailer or shipping company) and transport insurance; all costs associated with any (non-guaranteed) registration, type approval, or customs clearance; ongoing costs (if the vehicle is put into operation) such as insurance, vehicle tax, and fuel; and any taxes or duties payable in the winner's home country.
  • 8) Winner PR (voluntary): Publication of first name/initial last name/city/image only with separate, revocable consent.

Section 6 Data Protection (Competition)

  • 1) Legal basis: Implementation/processing (Art. 6 para. 1 lit. b GDPR), IT security/fraud prevention (Art. 6 para. 1 lit. f GDPR), marketing only with consent (Art. 6 para. 1 lit. a GDPR; revocable at any time, e.g. via unsubscribe link or email).
  • 2) Data categories/sources: Master data (name, address, email, date of birth), order data (in accordance with Section 4), social media data (public profile name/profile URL/post URL/hashtag in accordance with Section 9 Paragraph 1), incoming mail data (Section 9 Paragraph 2).
  • 3) Recipients/Processors (Art. 28 GDPR): German eTrade GmbH (Loss system/Order matching/Digitization of mail); ViralSweep, LLC (USA) – Software for randomized drawing; possibly IT hosting/Email distribution.
  • 4) Data transfers to the USA: Depending on the service provider, either on the basis of the EU-US Data Privacy Framework (Art. 45 GDPR; if certified) or the EU Standard Contractual Clauses (Art. 46 GDPR) including transfer impact assessment and, if necessary, additional measures.
  • 5) Data retention period: Data of non-winners will be deleted 90 days after the final conclusion (successful prize delivery), unless statutory retention obligations apply. Winners' data may be retained for a longer period (in particular for tax/commercial law reasons).
  • 6) Rights of data subjects: access, rectification, erasure, restriction of processing, objection, data portability (Articles 15–21 GDPR) and the right to lodge a complaint with a data protection supervisory authority.
  • 7) Contact: For data protection inquiries, please contact support@nohalfsends.shop. (If a data protection officer has been appointed, please list their contact details here.)
  • 8) No profiling: No automated individual decisions are made.

§ 7 Exclusion and Liability (Sweepstakes)

  • 1) Grounds for exclusion: among others, violations of these terms and conditions, false/incomplete information, manipulation attempts (including bots), unlawful/offensive/incidental posts or violations of third-party rights (especially on social media).
  • 2) Technical availability: No guarantee is given for uninterrupted, error-free operation of the shop/software/platforms.
  • 3) Liability: The organizer is liable for slight negligence only in the event of a breach of essential contractual obligations and limited to foreseeable, typical contractual damages; claims for injury to life, body, or health, in the event of intent/gross negligence, fraudulent misrepresentation, or under mandatory legal provisions (e.g., product liability) remain unaffected.

§ 8 [Reserved]

§ 9 Other ways to participate (without purchase)

To ensure equal opportunities, participation is also possible without purchasing goods.

§ 9 (1) Participation via Social Media

  • a) Action: Create your own creative compilations (“Social Media Cuts”) from official NHS materials (e.g., the organizer’s YouTube/Instagram/“Otto”) and post them publicly.
  • b) Hashtag: The post must clearly contain #NHSGiveaway.
  • c) Lottery allocation & daily limit: After manual review, one (1) lottery ticket will be awarded per valid entry; a maximum of one (1) social media post per person per calendar day. The tickets count towards the total limit of 50 tickets per person (see § 4 no. 6).
  • d) Legal/platform compliance: Contributions must not infringe the rights of third parties (copyrights, trademarks, personal rights) and must comply with the platform rules; off-topic, illegal or offensive content will be excluded.
  • e) Platform Disclaimer: This promotion is in no way affiliated with, sponsored by, endorsed by, or administered by Instagram, YouTube, or TikTok. By participating, participants release the aforementioned platforms from any liability.
  • f) Advertising labeling (note): We recommend additionally labeling posts as advertising (e.g., "#advertisement"), as there is a commercial purpose (chance of winning).
  • g) Usage rights (optional, voluntary): With separate, voluntary consent, the participant may grant the organizer a simple, free, unlimited right of use of their own contribution for reporting on the competition (revocation possible at any time).

§ 9 (2) Participation by post

  • a) Action: Maximum one submission per person per calendar day via sufficiently stamped letter (postage is borne by the participant).
  • b) Recipient: German eTrade GmbH – Ref: FLGNTLT / No Half Sends, Antonstrasse 3c, D‑01097, Dresden, Germany.
  • c) Content (legible): First and last name, full postal address (street, house number, postal code, city, country), valid email address, date of birth, and the declaration: “I am participating in the Wintercar Giveaway 2025/2026 and accept the terms and conditions of participation.”
  • d) Lottery allocation & daily limit: One (1) lottery ticket will be awarded per valid entry; a maximum of one (1) postal entry per person per calendar day. The tickets count towards the total limit of 50 tickets per person.
  • e) Deadline: The decisive factor is the physical receipt by no later than 09.01.2026 (see § 2).

§ 10 General Terms and Conditions (GTC) for Shop Purchases

§ 10.1 Scope, Contracting Parties, Choice of Law

  • 1) Contract partner: Winter Automotive GmbH, Hausstattfeld 9b, 6370 Kitzbühel, Austria; Email: support@nohalfsends.shop. (Further company details can be found in the legal notice)
  • 2) Consumers: Contracts are concluded exclusively with consumers.
  • 3) Applicable law: Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers with their habitual residence in another country, the protection afforded by mandatory provisions of that country remains unaffected (Art. 6 para. 2 Rome I Regulation). Where applicable, the Austrian Consumer Protection Act (KSchG) and the Austrian Distance Selling Act (FAGG) apply.

§ 10.2 Conclusion of contracts in electronic commerce

  • 1) Invitation to treat: Product presentations are non-binding.
  • 2) Order: By submitting the order, the customer makes a binding offer.
  • 3) Confirmation of receipt: An automated email does not constitute acceptance.
  • 4) Acceptance: By express declaration of acceptance (e.g. shipping confirmation) or implicitly by dispatching the goods.
  • 5) Availability/Self-supply: No procurement risk; in case of non-availability, immediate information and refund of payments already made.
  • 6) Ordering channels: Orders exclusively via the shop order form.

§ 10.3 Right of withdrawal (FAGG – Annex I Part A)

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day,

  • on which you or a third party designated by you, who is not the carrier, took possession of the goods, or
  • In the case of a contract for several goods ordered by the consumer in a single order and delivered separately: on the day on which you or a third party designated by you, who is not the carrier, took possession of the last item, or
  • In the case of a contract for the delivery of goods in several partial shipments or pieces: on which you or a third party designated by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.

To exercise your right of withdrawal,