TERMS AND CONDITIONS
Competition: Win Sebastien Loeb’s King of the Peak race suit
This Promotion is run by Red Bull Media House GmbH whose registered office is located at Oberst-Lepperdinger-Straße 11-15, 5071 Wals near Salzburg, Austria (hereinafter “Red Bull”).
This Promotion is free of charge and is only subject to the present Terms & Conditions and to all applicable EU, federal, state, provincial, local and regional laws and regulations.
For general questions arising out of these Terms & Conditions and/or related to this Promotion, please contact email@example.com
By entering and participating in this Promotion, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.
1.1In 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:
1.2You acknowledge that you are 18 years of age or older at the time of participation, and, if under the age of 18 or under the age of majority for your jurisdiction, you are participating in this 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 & Conditions on your behalf. In such a case, a written approval from both the Entrant and the Guardian is mandatory. Due to the fact that the participation is web-based, Red Bull 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 the responsibility of Entrant.
1.3Persons under the age of 16 are not allowed to participate in this Promotion or transmit or otherwise submit personal information to Red Bull.
1.4Directors, officers and employees of Red Bull, its parent, and any of their respective affiliate companies, subsidiaries, agents, professional advisors, 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.
1.5Entry is free. No purchase necessary. Only one entry per person is allowed. Further, only natural persons and non-entrepreneurs are allowed to participate.
1.6Sponsor reserves the right to verify the email address provided to Sponsor by Entrant and to require proof of age at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
2.1This competition starts at 10:00 (MDT/Mountain Daylight Time) Monday, June 24, and ends on 09:00 (MDT/Mountain Daylight Time), June 30.
2.2Entries received by Red Bull outside this Promotion Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
3.RULES OF THE GAME AND OF PARTICIPATION
3.1Predict the finishing times for Sebastien Loeb and Rhys Millen in the 91st running of the Pikes Peak International Hill Climb on June 30, 2013. All guesses must be to the 1000th of a second. Closest guess wins.
3.2You must clearly state your predicted finishing time for Sebastien Loeb and Rhys Millen setting out the time in minutes : seconds . thousandths of seconds. For example: ‘My predictions for the finishing times are: Sebastien Loeb 12:29.998 Rhys Millen 12.30.667 ‘
3.3There are two ways to enter. You can Tweet your prediction to Twitter@redbullmotors using hashtag #kingofthepeak or email us with your predictions to firstname.lastname@example.org. If emailing, please remember to include your name, address and telephone number.
3.4Remember: Only one entry is permitted per person.
3.5Only by following the described procedure will Entrant enter the competitive phase (“Competition”) of the Promotion.
4.THE SELECTION PROCESS
4.1The winner of Sebastien Loeb’s official King of the Peak Sparco overalls shall be the entrant who most accurately predicts the finishing times for both Sebastien Loeb and Rhys Millen in the 91st Pikes Peak International Hill Climb on June 30, 2013.
4.2The results of the Promotion, including the results and the winner’s name will be announced on redbull.com/en/motorsports on July 6, 2013.
4.3The winner will be contacted in the week following the 91st running of the Pikes Peak International Hill Climb on June 30, 2013. The winner needs to reply with seven days, or the prize will be redrawn.
4.4 No cash alternative is available.
4.5In the event of a draw, the winning entry shall be the first entry we received with the most accurate prediction.
4.6Red Bull 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 Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
4.7Late, 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.
4.8If you are disqualified, Red Bull is under no obligation to publish this fact.
4.9The contact details you provide with your Competition entry will be used to notify you of any prizes so please make sure they are correct.
5.1The prize is Sebastien Loeb’s official King of the Peak overalls tailored uniquely for him by Sparco to compete in the 91st running of the Pikes Peak International Hill Climb.
5.2In case a minor Entrant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian (for instance travels, the participation in a sport-related activity or any prize that involves a contractual relationship with Entrant), Red Bull is entitled to substitute such prize with another prize. If the Guardian consents, but the acceptance/usage of the price entails own costs with regard to the Guardian (e.g. traveling expenses for accompanying the minor Entrant), Red Bull is also entitled to substitute the original prize with another prize. Neither Entrant nor the Guardian has any rights or claims regarding additional expenses in connection with the award of prizes.
5.3Red Bull reserves the right to replace any or all prizes with prizes of a similar value.
5.4To 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.
5.5No cash alternatives will be provided and prizes are non-transferable and non-refundable.
5.6In case the winner does not claim his/her prize by August 3, 2013, he/she will have forfeited the prize and it will be up to Red Bull to determine an alternate winner based on the next closest guess submitted closest to the beginning of the competition.
5.7The Promotion will be run at Sponsor’s sole discretion. Sponsor’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
6.SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
6.1Sponsor reserves the right to change the Promotion rules and these Terms & Conditions from time to time and such changes will be available on redbull.com/en/motorsports.
6.2If in Sponsor’s opinion the Promotion is compromised by any event beyond Sponsor’s control, Sponsor 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).
6.3At any time during the Promotion, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating and in general for violations of the provisions set out under Clause 7 of these Terms and Conditions) 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 may be awarded to the next closest prediction.
7.1You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.
7.2You 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 & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions. 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.
7.3You confirm and are responsible that your entry does not:
•contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
•contain brand names or trademarks, other than (i) those of Sponsor, 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 Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Sponsor 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 Sponsor 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.
7.4In case of an infringement of Clauses 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
8.GRANT OF RIGHTS
8.1Entrant assigns and grants to Sponsor including its affiliated companies and partners any and all worldwide right, title and interest in all entries and materials submitted to Sponsor in connection with any Promotion, including your voice, image, photograph, name and likeness and including any user generated content (collectively, "Entry Materials"), including but not limited to, any copyright, the right to use the Entry Materials and copies and derivatives in any manner Sponsor chooses. Sponsor therefore has in particular (without limitation) the exclusive (even exclusive with regard to the Entrant), unrestricted as to time, content and territory, unlimited, royalty-free, sub-licensable, irrevocable, fully-transferable, worldwide rights to exercise and exploit all rights to the Entry Materials in any way, number and manner, in particular the right to entire and/or partial exploitation, publication, reproduction, dissemination, processing, alteration, adaptation, further development, sending, intangible reproduction, making available to the public and any and all other use possible now or in the future (irrespective whether known today). Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties. Sponsor is not obliged to actually make use of these rights.
8.2The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
8.3Sponsor including its affiliated companies and partners may be required to request you to enter into a separate license agreement permitting Sponsor to use the Entry Materials for reasonable promotional, administrative or other purposes beyond the reasonable expectation of the Entrant.
9.COLLECTION OF INFORMATION & DATA PROTECTION
9.1In the following, the term “Personal Data” describes all data kept in connection with your name.
9.2Red Bull 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.
9.3Red Bull and its affiliated companies 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 Red Bull is required to transmit Personal Data to an outside data processor in connection with the Promotion, Red Bull will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms & Conditions. In such cases, Red Bull 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 Red Bull 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.
9.4Since Red Bull operates globally, this may mean Red Bull could transfer your personal information to other countries, including countries outside the European Economic Area in accordance with all relevant data protection regulations.
9.5Personal Data will only be used for purposes in connection with this Promotion and will only be retained by Red Bull, 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.
9.6Red Bull, its affiliated companies and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
9.7Red Bull does not knowingly collect information from persons below the age of 18.
9.8Winners may be requested to take part in promotional activity and Red Bull 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.
9.9The entered Personal Data shall always be accurate. You should keep your data up to date in order for Red Bull to notify you in case they you won a prize. Red Bull will ensure that your personal data is not used if we know that it is not accurate.
9.10Red Bull and its contractors may contact you via email, phone or otherwise in relation to the Promotion.
9.11At 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, Red Bull will ensure the deletion of such data as soon as feasible.
9.12At any time, you also have the right to request information about the Personal Data we are keeping.
9.13You can contact Red Bull with regard to privacy questions as follows: email@example.com
10.LIABILITY AND WARRANTY
10.1Sponsor is liable in accordance with statutory law (a) for damages arising as result of an injury to life and/or health; (b) in case of intent; (c) in case of gross negligence if the Entrant is a consumer according to applicable consumer protection law; and/or (d) in case Sponsor is in breach of the requirements of statutory regulations on product liability (if applicable).
10.2Without limiting the aforementioned, Sponsor is only liable for slight negligence in cases of a breach of a material contractual obligation hereunder. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases Sponsor shall not be liable for slight negligence.
10.3Sponsor 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.
10.4In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions arising out of or caused by, directly or indirectly, 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.
10.5To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
10.6These Terms and Conditions will be governed by the laws of Austria and any disputes will be subject to the exclusive jurisdiction of the courts of Salzburg.