RED BULL PAPER WINGS
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE'S PROPERTY.
By entering and participating in this Promotion, you (“You”) agree to be bound by these Terms and Conditions (“Terms”) and represent that you satisfy all of the eligibility requirements below. This Promotion is subject to these Terms and to all applicable laws and regulations.
FOR SOUTH AFRICA: If you are a consumer, as defined in the Consumer Protection Act 68 of 2008 (‘Consumer Protection Act') Organizer (as defined below) has a duty to point out certain important terms to You. The paragraphs which contain these important terms and the reasons why they are important are set out below:
- Limitation of Organizer's liability: Clauses 2, 8 and 10 are important because they limit and exclude obligations, liabilities and legal responsibilities, which the Organizer may otherwise have had towards You. It also limits and excludes your rights and remedies and place various risks, liabilities, obligations and legal responsibilities on You.
- Assumption of risk: Clauses 2, 8 and 10 are important because they contain assumptions of risk by You and may limit your rights and remedies against us.
- Acknowledgment of fact: Clauses 2 and 7 are important because they each contain an acknowledgement of fact by You. You must read each paragraph carefully because they set out how monies are held on Your behalf.
This Promotion is designed as a game of skill. It is entirely free of charge and is only subject to the present Terms (as amended from time to time) and to all applicable international, federal, state, provincial, local and regional laws and regulations.
1.1 This Promotion is run by Red Bull GmbH, whose registered office is located at Am Brunnen 1, 5330 Fuschl am See, Austria, its affiliated companies, agencies and service providers (”Organizer”) including but not limited to Red Bull Taiwan Inc, Red Bull Australia Pty Ltd (ABN 67 085 840 259) whose registered office is located at Level 1, 55 Doody Street, Alexandria NSW 2015, and Red Bull Japan whose registered office is located at Hulic Aoyama No. 2 Building, 1-3-3 Shibuya, Shibuya-ku, Tokyo Japan 150-0002. FOR RUSSIA: The Promotion is run by Red Bull (Rus) LLC, whose registered office is located at Stanislavskogo street, 21 bld. 3, Moscow, 109004, Russia (”Organizer”), its affiliated companies, agencies and service providers.
1.2 In the event this Promotion is run via one or more third party platform(s), the Promotion is not linked to the third party platform(s) and is not organized, endorsed or administered by, or associated in any way by the third party platform(s). Your use on the third party platform(s) is subject to the terms and conditions located on such site. The Organizer disclaims any liability should You fail to comply with the third party platform(s) terms and conditions.
2.1 In order to enter this Promotion and be eligible to win a prize, You confirm that You (“Participant”, “Entrant” or “You”) satisfy the following eligibility criteria.
2.2 You acknowledge that You are a natural person 18 years of age or older at the time of entry. Persons under the age of 18 years of age are not allowed to participate in this Promotion or transmit or otherwise submit Personal Data (all data relating to You, such as Your contact details, Promotion responses and photographs) to the Organizer. It is voluntary to provide us with Your Personal Data; however, You will not be able to enter the Promotion if You do not supply all required Personal Data.
2.3 If You are under the age of majority in Your country of residence, You are participating to the Promotion under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as “Guardian” in the following) who has read and agreed to these Terms on Your behalf. Organizer excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a Guardian. This solely lies within Your responsibility.
2.4 You are not allowed to participate if Your residence is outside those displayed on www.redbullpaperwings.com (the “Website”). Please note that the Organizer is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws.
2.5 The Organizer is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Organizer is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
2.6 Directors, officers and employees of the Organizer, any of its respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in this Promotion. The Organizer shall verify these conditions consulting its database at the time of the selection.
2.7 You are permitted to enter into more than one Category, per Location; however You are not permitted to win more than one national prize or global prize in this Promotion. An alternative winner will be selected if You enter into and win more than one Category. Further, only natural persons are allowed to participate.
2.8 The Organizer reserves the right to verify the email address provided to the Organizer by Entrant and to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid email address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
2.9 The Organizer will not accept entries that are: (a) automatically generated by computer; (b) completed by third parties (on Your behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; (d) incomplete, or (e) winning entries of any other competition. The Organizer reserves the right to verify the email address provided by You including where required, any consent provided by a Guardian to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid email address or incorrect data regarding the age or residence of You will be deemed ineligible. You must not enter this Promotion through the use of multiple email accounts or social media accounts. If it becomes apparent that You have used multiple email accounts or social media accounts to circumvent this rule all Your entries will be disqualified.
3 PROMOTION PERIOD
3.1 This Promotion starts on a different date depending on each country (details can be found on the Website) and ends (internationally) on May 19, 2019, at 09:00 CET.
3.2 Please note that during the Promotion, the Organizer will provide further instructions on the participation procedure on the Website. Entries that do not conform to the announced timelines and such instructions will not be considered and will have no entitlement whatsoever pursuant to these Terms.
3.3 There are several options to enter Red Bull Paper Wings:
3.3.1 Participate/play the online Red Bull Paper Wings game;
3.3.2 Participate at a qualifier in the category longest distance/ Participate at a qualifier in the category longest airtime;
3.3.3 Upload a video with the aerobatics challenge on Instagram with a hashtag combination.
3.4 There will be the following different phases during the Promotion, whereby the exact dates and duration of such phases will vary depending on the country (more information can be found on the Website):
3.4.1 The Country Qualification Phase;
3.4.2 The World Final Phase.
Those Promotion phases are subject to change by the Organizer and the Organizer will announce such changes on the Website.
3.5 Organizer undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.
3.6 If you are disqualified, Organizer is under no obligation to publish this fact. Organizer also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified. Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt. Entries cannot be returned.
3.7 In the event of a draw in each Category, please refer to the Rule Book of Your respective participating country.
4. RED BULL PAPER WINGS GAME
4.1 To enter the Competition, You must download the Red Bull Paper Wings app and follow the given instructions step by step, including providing the data that is requested in order to register (e.g. name, age, gender, university, country and email address). You are permitted to play the game as many times as You like. Your device must be compatible with any required system requirements. Players will accumulate points for successfully completing the most amount of game levels in the least amount of time. The player with the highest amount of points (Global Winner) will be eligible for the Global Prize (as defined below) as stated in clause 7.3. In the event of a tie-break, a tie-break elimination round of the game will be played. Full terms and conditions and instructions on how to play the game can be found on the Website. Details of each player scores recorded during the game will be displayed on global leaderboard on the Website. The Global Winner for the game will be announced on May 15, 2019. The Organiser will contact the Global Winner per email.
5. THE COUNTRY QUALIFICATION PHASE
5.1 There are three country qualification entry routes (detailed below) whereby an Entrant can enter the Competition:
5.1.1 Participating in a qualifier in the longest distance category;
5.1.2 Participating in a qualifier in the longest airtime category;
5.1.3 Uploading a video for the aerobatics category on Instagram.
5.2 Participate in either the ‘Longest Distance Category' or ‘Longest Airtime Category' Qualifiers
5.2.1 This consists of a series of events called qualifiers (“Qualifier Event') that will be held once at each university (“Qualifier Event Location”) as outlined on the Website. Participants must throw a paper plane in at least one of the Qualifier Event disciplines (“Category”): longest distance or longest airtime. More information can be found on the Website. Registration/participation period for this longest distance or longest airtime qualification entry route shall commence on January 7, 2019 12:00:00 am UTC+1 and shall end on May 3, 2019 09:00:00 am UTC+1 (inclusive) or for those participating countries who require a visa for travel to Salzburg, Austria it will end on April 12, 2019 09:00:00 am UTC+1 (inclusive).
5.2.2 If You are eligible for participation pursuant to Section 2 above, You will be able to register on the Website or onsite at each Qualifier Event Location. If You register on the Website, You will first have to choose Your country of residence. You will then need to register with the following details: first and last name, email address, phone number and home address and in which Category You want to participate. If You register onsite at the Qualifier Event Location, You will need to provide the same details.
5.2.3 For detailed rules and requirements of each Qualifier Event and the onsite procedure for the respective Qualifier Event Location and Category, please refer to the binding Rule Book (“Rule Book”) and check updates in Your respective country section on the Website. You are required to read and agree to the Rule Book on the Website. Any infringement against the Rule Book or these terms may, at the sole discretion of the Organizer, lead to disqualification from the Promotion without any claim to refund whatsoever regarding any incurred costs.
5.2.4 In participating markets organizing only a Qualifying Event: Once each Qualifier Event per Qualifier Event Location is completed, the Organizer will then determine via a leaderboard scoring system, the top Qualifier Winner per Category from all Qualifying Event Locations per participating country (“National Winner”) in accordance with the Terms, pursuant to the Rule Book. One National Winner selected per Category will each win a National Prize (as defined below) as stated in section 7.1. These two National Winners will be displayed on the Website.
5.2.5 In participating markets organizing a Qualifying Event and a National Event: Once a Qualifier Event is completed and one Qualifier Winner is, in accordance with section 5.2.4, selected per Category for each Qualifier Event Location, the Organiser may, at its sole discretion, elect to run a subsequent national event (“National Event”) in selected participating countries (please consult the Rule Book for more information). Here the top two Qualifier Winners from each Qualifying Event will be required to throw in the same Category in which they threw and won during the Qualifying Event. The Organizer will then determine accordingly to a leaderboard scoring system (i.e. the longest recorded airtime and distance) the top national winner per Category (“National Winner”). One National Winner selected per Category will each win a National Prize (as defined below) as stated in section 7.1. More information can be found on the Website.
5.2.6 The Organiser will announce each National Winner for a National Prize (details below in section 7 at the National Event. The results, and name of each National Winner will also be displayed on the Website.
5.3 Participate in the ‘Aerobatic Category' by uploading an Instagram video with the aerobatics challenge
5.3.1 You must upload and submit to Instagram an unedited video of up to 60 seconds documenting your aerobatics flying skills for the acrobatics' category (the “Submitted Content”) as described on the Website. You must upload the Submitted Content to Instagram, including @redbull, and #redbullpaperwings. Your Instagram account must not be set to private. Registration period for this aerobatic category entry route shall commence on January 07, 2019 12:00:00 am UTC+1 and shall end on May 03, 2019 09:00:00 am UTC+1 (inclusive) or for those participating countries who require a visa for travel to Salzburg, Austria it will end on April 12, 2019 09:00:00 am UTC+1 (inclusive).
5.3.2 The size and/or length of Your Submitted Content should be no more than set out on the applicable platform. You must own the copyright in the Submitted Content. The Submitted Content must be Your own work and must not (a) be copied; (b) contain third party materials; (c) contain any content You do not have permission to use; (d) be offensive, distasteful, defamatory, dangerous, obscene, inappropriate; (e) violate the rights of any third party (e.g. any identifiable persons appearing in the Submitted Content or reflect a political statement; and/or (f) breach any applicable laws.
5.3.3 There is no limit to the number of entries per Entrant which may be submitted.
5.3.4 The Organizer will upload all Submitted Content that meets the criteria set out in these terms and conditions per participating country to the Website in order for members of the public to vote for their favourite Submitted Content (“Public Voting”). The Public Voting will start on a different date depending on each country (details can be found on the Website) and shall end (internationally) on May 03, 2019, at 09:00 CET.
5.3.5 The public may vote multiple times throughout the Public Voting process for their favourite Submitted Content, which best meets the selection criteria of (i) construction (technical) of the paper plane (ii) creativity of the performance and the video (art, design), and (iii) flight performance. No bulk or automated votes are permitted or those submitted via macros or similar. The Public Voting will select the top third of the Submitted Content for each participating market. Selection of these finalists is based on skill alone.
5.3.6 The Organizer, together with an independent and suitably skilled and independent judge or equivalent (the “Judges”), will then decide one national winner per participating market (“National Winner”) for a National Prize based on the selection criteria defined in section 5.3.5.
5.3.7 The decision of the Judges is final and no correspondence or discussion will be entered into. Due to the expected high number of entries, individual feedback is not possible.
5.3.8 FOR AUSTRALIA, THAILAND AND NEW ZEALAND: Selection of the top third of all finalists is based on skill alone. These finalists will be the top third of national entries which best meets the selection criteria of (i) construction (technical) of the paper plane (ii) creativity of the performance and the video (art, design), and (iii) flight performance. Members of the public that vote will need to provide commentary as to why the entry meets the selection criteria. The Organizer will not count votes that do not provide commentary as to why the entry meets the selection criteria. The Organizer's skilled panel of judges will make the final decision as to the top third of finalists to ensure no element of chance determines these top finalists.
5.3.9 The Organizer will contact each National Winner via private message on Instagram to notify them that they have won a National Prize, details of which can be found in section 7. The results, and name of each Public Voting finalist will also be displayed on the Website.
6. THE WORLD FINAL PHASE
6.1 During the world final phase, all of the National Winners from each of the country qualification entry routes (“National Winner(s)”), will be invited to attend and participate in the Red Bull Paper Wings World Finals in Salzburg, Austria on May 17 and 18, 2019 (“World Final”).
6.2 The World Final will have the same rules as outlined in the Rule Book and will also have the same categories.
6.3 The Organizer will not be liable in case the World Final is cancelled or postponed. However, in such a case, Organizer will make its best efforts to hold another final of a similar scope.
6.4 At the World Final, the Organizer reserves the right to offer an overall global prize to the winner of each Category, i.e. three global winners, i.e. for longest distance, longest airtime and best acrobatics (“Category Global Winners”) as defined in section 7.2.
7. THE PRIZES
7.1 Each of the National Winners from each of the country qualification entry routes will be awarded one national prize (“National Prize”) consisting of two way transportation from each Entrant's place of residence (or a nearby location to be designated by the Organizer) to Salzburg, Austria to arrive on May 16, 2019, and then back to their respective initial location departing Salzburg on May 19, 2019. All transfers to and from the airport are included. This also includes accommodation and scheduled meals from May 16 - 19, 2019. The accommodation will be at the sole determination of the organizer and can include 3 stars or above. The total value of the National Prize will depend on the place of residence of each National Winner. The total value of each National Prize will not exceed EUR 3,500 (before tax) per person.
7.2 The three Category Global Winners (selected in accordance with section 6.4), in addition to the Global Winner of the Red Bull Paper Wings Game (together Global Winners) will be awarded one Global Prize consisting of one two-way transportation for the Global Winners and one two-way transportation for the Global Winners' companion from each Entrant's place of residence (or a nearby location to be designated by the Organizer) to the Red Bull Air Race Event taking place in Budapest in 2019, and then back to their respective initial location. All transfers to and from the airport are included. This also includes accommodation and scheduled meals. The accommodation will be at the sole determination of the organizer and can include 3 stars or above. The total value of the Global Prize will depend on the place of residence of the Global Winners. The total value of each Global Prize will not exceed EUR 5,500 (before tax) per person.
7.3 All travel arrangements for the prizes detailed in Section 7.1 must be made through the Organizer's agent together with the Red Bull Group. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, meals and additional transportation, and incidental charges) are the responsibility of the prize winners. Any other incidental costs and expenses associated with reward acceptance and use such as security fees, gratuities, luggage fees, snacks, drinks, and incidental charges are the responsibility of the reward recipient(s) (and reward recipient's companion). Ground transportation may be provided in lieu of air transportation if the reward recipient resides within a small radius of the destination, and no compensation or substitution will be provided for difference in value. The Organizer does not make any guarantee as to the safety of Salzburg or any of the locations to which the Global Winners elect to travel.
7.4 Prize winners must possess and show valid travel documents, prior to departure (e.g. passport, ID, or other acceptable government-issued identification) ), and the reward recipient will be fully liable for this obligation, especially regarding any required travel visa to Austria (and/or to other countries that might require it in case of connection flights). Each prize winner must sign a Release of Liability/Publicity and any other documents provided to the entrant prior to the event start and/or travel. Once airline/train tickets have been ticketed, no changes by prize winners will be permitted. The Organizer will determine airline, airports, flight itinerary and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Travel insurance and spending money are the specific responsibility of the prize winner. The Organizer will not replace any lost, mutilated, or stolen tickets or travel vouchers.
7.5 Reward recipient(s) and, if applicable, their companion(s) will require (and be responsible for the cost of obtaining) a valid passport and/or valid travel documents with at least 6 months' validity as well as any required visas.
7.6 To the extent permitted by law, the Organizer reserves the right to replace any or all prizes with prizes of equal or greater value.
7.7 Please note that no travel or other costs will be reimbursed for the participation in the Promotion except for those expressly mentioned in these Terms. No cash alternatives will be provided and prizes are non-transferable and non-refundable and may not be claimed by a third party on Your behalf.
7.8 To the extent permitted by applicable local law, all prizes are awarded “as is” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). COUNTRY, STATE, LOCAL TAXES, INCLUDING VAT TAXES WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
7.9 In case the National Winner does not claim his/her prize within a week of having been contacted per email and/or phone, or in case the National Winner drops out after the Country Qualification Phase, he/she will have forfeited the prize and Organizer reserves the right to determine an alternate winner based on the next best-judged entry.
7.10 The contact details You provide with Your Promotion entry will be used to notify You of any rewards You are entitled to receive, so please make sure they are kept up to date and accurate. A list of reward recipients may be published on the Website. In the event that You are a reward recipient You agree that the Organizer may disclose Your information e.g. first name, last name, nickname, in accordance with the above.
7.11 The Promotion will be run at the Organizer's sole discretion. The Organizer's decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
7.12 The reward recipient shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable.
7.13 In case a legal minor Participant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian, the Organizer is entitled to determine an alternate winner in case no such approval is given. Neither the Participant nor the Guardian has any rights or claims regarding the Organizer's decision.
7.14 FOR RUSSIA: The Organizer hereby informs the reward recipient that, in accordance with the provisions of the Tax Code of the Russian Federation, the value of all rewards received from organizations exceeding 4,000 (four thousand) Russian rubles for the reporting period (calendar year), including those received in kind, is included in the tax base on personal income tax. By participating in the Promotion and agreeing with these Terms, the Participants, including the Winners, are duly informed of the above rule of the Russian tax legislation.
8. ORGANIZER'S RIGHT TO CHANGE THE TERMS AND TO DISQUALIFY
8.1 The Organizer reserves the right to change the Promotion rules and these Terms from time to time and such changes will be available on the Website.
8.2 To the extent permitted by law, and without affecting Your statutory rights, if in the Organizer's opinion the Promotion is compromised by any event beyond the Organizer's control, the Organizer reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to You or any third party (whether direct or indirect). You should check the Website regularly for any changes which will apply from the date that they are uploaded.
8.3 At any time during the Promotion, Organizer reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms (including but not limited to, because Organizer believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 8 of these Terms) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded alternatively based on the next best-judged entry.
9. FAIR PLAY
9.1 You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.
9.2 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 3 and 4 of these Terms associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering this Promotion, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy. In the event this Promotion is run via one or more third party platform(s), You warrant and represent that Your entry does not infringe the Terms of the third party platform(s).
9.3 You confirm and are responsible that your entry does not:
- contain brand names or trademarks, other than (i) those of Organizer, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Organizer on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Organizer on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Organizer on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
9.4 In case of an infringement of sections 9.2 and/or 9.3 above, You shall defend and indemnify Organizer against, claims of infringement from any third parties.
10. GRANT OF RIGHTS
10.1 You may submit the material, where applicable, to the Organizer in connection with the Promotion (collectively, the “Entry Materials”). Entry Materials may contain You, (or another's) voice, image, photograph, statements, biographical information, performances, name and likeness and other user-generated content.
10.2 As consideration for Your participation in this Promotion and the opportunity for You to win a reward, You will assign to the Organizer all rights as set forth in the applicable law and to Entry Materials to the broadest extent possible and shall execute all public or private instruments that might be requested for this purpose, as a condition to participate in the Promotion [FOR JAPAN: including, but not limited to, the rights set forth in Article 27 and 28 of the Japanese Copyright Law] and shall execute the public and/or private instruments requested in this regard, which is an essential condition to participate in the Promotion. To the extent that rights are not assignable, You grant to the Organizer a worldwide, unlimited, exclusive, royalty-free, transferable licence to use the Entry Materials for the purposes of this Promotion, including but not limited to the display on any and all Organizer and its affiliates' websites, including social media websites. [FOR COLOMBIA: the licence mentioned in the prior sentence is limited to twenty-five years.] The Organizer does not guarantee any confidentiality with respect to Entry Materials. Subject to any licence, You grant herein, any and all Entry Materials that You upload, store, transmit, submit, exchange or make available to the website is generated, owned and controlled solely by You, and not by the Organizer. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your Entry Materials, and the Organizer does not accept any responsibility for the same. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
10.3 You represent and warrant that all necessary rights, permissions, consents and moral rights' waivers (in the broadest extent permitted by applicable laws) have been duly and effectively obtained from any performer, presenter, contributor or other person involved in the Entry Materials or rights, services or facilities in connection with it.
10.4 To the extent permitted by applicable law, reward recipients may be requested to take part in promotional activity and the Organizer reserves the right to use the names and addresses of reward recipients, their photographs and audio and/or visual recordings of them in any promotional material to the extent each reward recipient agrees. The Organizer will seek the consent of the reward recipient, where required , and may request the reward recipient to sign additional legal disclaimers and agreements for the use of the Entry Materials. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
11. COLLECTION OF INFORMATION & DATA PROTECTION
In the following, the term “Personal Data” describes all data kept in connection with your name.
11.2 Organizer may process your Personal Data itself, within the Red Bull Group or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations.
FOR RUSSIA: The Organizer collects your Personal Data for the purposes of administering this Promotion and to advise You of Red Bull products and future events (“Purpose”). Your Personal Data will be retained by the Organizer in accordance with the Federal Law of 27 July 2006 N 152-FZ ON PERSONAL DATA and any other applicable privacy laws. The Organizer may provide Your Personal Data to Red Bull's related entities as specified at <https://policies.redbull.com/policies/RedBull.com_Russia/201807111103/ru/affiliates.html> in relation to the Purpose, who are located all over the world but if the Organizer does so, it will take steps to ensure that your Personal Data is properly protected.
11.3 Organizer will, as a general policy, not transmit Personal Data to third parties without your explicit consent. In particular, Personal Data will not be sold, leased or traded. However, in cases in which Organizer is required to transmit Personal Data to an outside data processor in connection with the Promotion, Organizer will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms. In such cases, Organizer will require and make sure that our partners treat all Personal Data in a confidential manner and according to all relevant data protection regulations as well as to delete such Personal Data immediately as soon as their specific tasks have been fulfilled in connection with the Promotion. Please note that Organizer does not have complete control over the compliance with this obligation and that Red Bull cannot be held responsible for possible infringements by its partners to the extent that it is legally permissible.
11.4 Since Organizer operates globally, this may mean Organizer could transfer your personal information to other countries, including countries outside the European Economic Area in accordance with all relevant data protection regulations.
11.5 Personal Data will only be used for purposes in connection with this Promotion and will only be retained by Organizer, its affiliated companies and its mandated data processors for as long as is necessary to fulfil the original or directly related purpose for which it was collected in connection with the Promotion. This might include a period of time after the conclusion of the Promotion in order to distribute prizes or to fulfil tax related or any other legal queries.
11.6 Organizer and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
11.7 Red Bull does not knowingly collect information from persons below the age of 16. [FOR RUSSIA: the age of 18]
11.8 Winners may be requested to take part in promotional activity and Organizer reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity. Winners may be required to take part in further reasonable promotional activities.
11.9 The entered Personal Data shall always be accurate. You should keep your data up to date in order for Organizer to notify you in case they you won a prize. Organizer will ensure that your personal data is not used if we know that it is not accurate.
11.10 Organizer and its contractors may contact you via email, phone or otherwise in relation to the Promotion.
11.11 At any time, you have the opportunity to require the amendment and/or the deletion, entirely or partly, of such Personal Data. In such a case, Organizer will ensure the deletion of such data as soon as feasible.
11.12 At any time, you also have the right to request information about the Personal Data we are keeping. FOR PERU: you may, under the applicable local laws, be entitled to request information about the locations where the databases that store your personal data are located].
11.13 You can contact Organizer with regard to privacy questions as follows: firstname.lastname@example.org
12. LIABILITY AND WARRANTY
12.1 Insofar as is permitted by law, the Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the reward recipient or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Promotion, as well as taking up the reward. Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Your statutory rights are not affected. FOR AUSTRALIA: Nothing in this clause affects Your statutory rights (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010).
12.2 Insofar as is permitted by law, the Organizer and the Red Bull Group exclude all liability to You for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by You in connection with Your participation in the Promotion unless such loss arises from the Organizer's or the Red Bull Group's failure to respect its contractual and legal obligations, in which case Red Bull still limits its liability for the abovementioned situations but only to the extent allowed by applicable law.
12.3 The Organizer and the Red Bull Group shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; reward notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.
12.4 There is no legal right to participate in this Promotion. The Organizer is not responsible if You are unable to participate in the Promotion for any reason.
12.5 The Organizer is not liable if You injure Yourself while performing actions with regard to this Promotion. You represent that You do not have any condition and are not affected by any circumstances that would prevent You from safely participating in the Promotion or would pose a present risk to others in Your doing so. You also agree that You are not otherwise prohibited from participating in the Promotion for any reason.
12.6 In no event shall the Organizer and the Red Bull Group be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, circumstances or forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, when these circumstances constitute a force majeure as defined under applicable local law.
12.7 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion and all Free Products are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). FOR AUSTRALIA: The Participant's statutory rights are not affected (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010).
12.8 The Organizer excludes any responsibility and/or liability in case the participation/the award of a reward requires the approval of a Guardian. This solely lies within Your responsibility.
13.1 If any provision of the Terms shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby.
13.2 These Terms shall be governed by and construed in accordance with the laws of Austria, and the parties submit to the non-exclusive jurisdiction of the courts of Vienna Inner City. FOR JAPAN: These Terms shall be governed by and construed in accordance with the laws of Japan and the parties submit to the non-exclusive jurisdiction of the Tokyo District Court. FOR RUSSIA: These Terms shall be governed by and construed in accordance with the laws of the Russian Federation. All disputes arising out of or in connection with these Terms should firstly be tried to be settled amicably. If not, the disputes shall be settled by the courts competent for the address of the Organizer.
13.3 The latest version of the Terms will be available on the Organizer's website.
13.4 For general questions arising out of these Terms and/or related to this Promotion, please contact email@example.com.
[FOR CHILE: these terms and conditions are filed before the Notary of Santiago.]
Last updated December, 2018