Terms of Participation
TERMS OF PARTICIPATION
NO PURCHASE OR OTHER CONSIDERATION NECESSARY TO PARTICIPATE. 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 of Participation (the “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’) the 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:
a. Limitation of the Organizer’s liability: Clauses 1, 3, 10 and 13 are important because they limit and exclude obligations, liabilities and legal responsibilities which the Organizer may otherwise have had towards You. They also limit and exclude Your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on You.
b. Assumption of risk: Clauses 1, 3, 10 and 13 are important because they contain assumptions of risk by You and may limit Your rights and remedies against the Organizer.
c. Acknowledgment of fact: Clauses 3 and 10. 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.
d. Indemnity: Clause 13 requires You to indemnify and hold the Organizer harmless against claims that may be made against the Organizer in certain circumstances. This may place various risks, liabilities, obligations and legal responsibilities on You and the Organizer may claim payment from You of the amount of these claims.
1. THE SPONSOR
1.1 This Promotion is run by Red Bull GmbH whose registered office is located at Am Brunnen 1, A-5330 Fuschl am See, Austria, Red Bull Hong Kong Limited whose registered office is located at 21st Floor of EIB Centre 40-44 Bonham Strand Sheung Wan Hong Kong, Red Bull Singapore Pte Ltd whose registered office is located at 80 Raffles Place, #25-01 UOB Plaza 1, Singapore 048624 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, Red Bull New Zealand whose registered office is located at 27 Mackelvie St, Grey Lynn, Auckland 1011, New Zealand, Red Bull Taiwan Inc. whose registered office is located at (11575) 21, F14-7, Sec. 6 Zhongxiao East Road Nangang Dist 115 Taipei City Taiwan, R.O.C. with the support of its affiliated companies, cooperation partners, agencies and service providers (“Organizer”). 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.
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 sponsored, endorsed or administered by, or associated in any way with the third party platform(s). By entering into this Promotion, the Participant accepts to have no claim against and cannot make any claim against the third party platform(s) that arises in connection with the participation in this Promotion. The Participant’s use on the third party platform(s) is subject to the terms and conditions located on such site. Organizer disclaims any liability should the Participant fail to comply with the third party platform(s) terms and conditions.
2. THE PROMOTION (“Promotion”)
2.1 This Promotion is subject to these Terms and to all applicable laws and regulations.
2.2 The title of the Promotion is “Red Bull Can You Make It?”.
2.3 This Promotion starts on 1 October, 2019, 00:00 (midnight) CET (or local time zone equivalent), and ends on 29 April, 2020, 15:00 CET (or local time zone equivalent), (inclusive) (“Promotion Period”). All entries must be received by Organizer before the closing date. All entries received after the closing date are automatically disqualified.
3.1 In order to enter this Promotion and to win the prize, the Participant represents and warrants to satisfy the following eligibility criteria:
3.2 The Participant acknowledges to be a natural person 18 years of age or older at the time of application and that he/she is not considered a minor in the jurisdiction of Participant’s residence. Persons under the age of 18 years of age or minors are not allowed to participate in this Promotion or transmit or otherwise submit personal data (all data relating to the Participant, such as contact details, Promotion responses and photographs, “Personal Data”) to Organizer. It is voluntary to provide Organizer with the Participant’s Personal Data; however, the Participant will not be able to enter the Promotion if the Participant does not supply all required Personal Data.
3.3 FOR JAPAN: If under the age of 20, you agree that you are participating in 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.
3.4 The Participant is not allowed to participate if his or her residence is outside the countries that are listed under Section 6.7. below. Please note that Organizer is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws. Each member of a single team has to be resident of the same country as the other team members. Any Participants studying on exchange will apply for the country in which they are residents during the Promotion Period.
3.5 In case a Participant has already participated in the Promotion in previous years he or she is not permitted to participate in this year’s Promotion.
3.6 Participants may apply separately for this Promotion (entry as a team) and for the Hyundai Wildcard Promotion (entry as an individual), details can be found on the Website. However, if a participant applies for both promotions and is selected by the judging panels as a winner for each promotion, the participant must forfeit his/her Hyundai Wildcard Promotion application and proceed with this Promotion application.
3.7 All team members must be currently attending university throughout the Promotion Period. If members of one team are attending different universities, the Participant will need to choose and specify only one of those universities when registering.
3.8 Directors, officers and employees of Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisers, 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. Organizer shall verify these conditions consulting its database at the time of the selection. FOR MEXICO: Directors, officers and employees of the Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisers, third party service providers or advertising and promotional agencies involved with this Promotion are not eligible to enter or win any rewards in this Promotion.
3.9 Only one entry per person and per team is allowed. Further, only natural persons are allowed to participate. If it becomes apparent that the Participant used multiple email accounts or social media accounts to circumvent this rule all entries of the Participant will be disqualified.
3.10 Please note that the official language will be English and that all interactions with the Organizer, including these Terms, the registration and further instructions in the course of this Promotion, will generally be in English. Any translations are provided as a matter of courtesy only. For Russia, the official language will be Russian.
3.11 Organizer will not accept entries that are: (a) automatically generated by computer; (b) completed by third parties (on the Participant’s behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; or (d) incomplete. Organizer reserves the right to verify the email address provided by the Participant including where required, any consent provided by the Participant’s parent or 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 the Participant will be deemed ineligible. Prize winner(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.
3.12 To enter the Promotion, Participants must have an Instagram® account (that is set during the Event Week to a Content Creator account), aswell as either a YouTube® account or a Vimeo® account that is open to the public (an account where anyone can subscribe to follow the Participant’s videos). The Participant is not eligible through Vimeo to participate if his or her Vimeo account is set to the special private option (where a user must approve all "follow" requests). The Organizer disclaims any liability should the Participant fail to comply with the third party platform(s) terms and conditions.
3.13 If the Participant is not a registered user of Instagram, YouTube or Vimeo, he or she can go to www.instagram.com to sign up to Instagram, www.youtube.com to sign up for YouTube, and/or www.vimeo.com to sign up for Vimeo. Becoming a registered user of these services is free of charge.
3.14 The Code of Honor on www.redbullcanyoumakeit.com ("Website") is an integral part of these Terms and can be found below. Any infringement against the Code of Honor or these Terms may, in the sole discretion of Organizer, lead to disqualification from the Promotion without any claim to refund whatsoever regarding any incurred costs.
3.15 CODE OF HONOR:
1) No use of money. The Participant is not allowed to earn, accept or use any form of currency other than that provided by Red Bull.
2) No use of personal or borrowed mobile phones, computers, tablets or other devices except for the officially supplied event device.
3) Teams must use the officially supplied event device to upload photos, videos and other content along their journey and track their progress.
4) No pre-organized modes of travel (e.g. arranging a friend to drive the Participant somewhere).
5) No severe sabotage of the other participating teams.
6) Act in accordance with the legal boundaries in each country the Participant visits. If unsure, please contact Central Command (7.11) for clarification.
7) No parting of the team at any time. All traveling and all checkpoint challenges must be completed as a trio.
8) Each team must visit a minimum of 6 Checkpoints.
9) If a team member breaks one of these rules, the entire team will be disqualified. The respective team will be responsible for its safe return back home.
4. PROMOTION PERIOD
4.1 In order to successfully enter the Promotion, the Participant has to go to the Website and follow the given instructions step by step, which includes providing the data that is requested in order to register (e.g. name and email address). Additionally, if the Participant registers via social sign-in e.g. Facebook®, Twitter® or Google+® further information (e.g. age or location) may be provided to Organizer.
4.2 The Promotion - comprises of the following different phases within the Promotion Period:
- The Registration Phase starts on October 1, 2019 at 00:00 (midnight) CET (or local time zone equivalent), and ends on February 17, 2020 at 23:59 CET (or local time zone equivalent).
- The Selection Phase starts with the social voting selection which begins on February 18, 2020 at 18:00 CET (or local time zone equivalent), and ends on February 24, 2020 at 23:59 CET (or local time zone equivalent), followed by the judging panel selection which and starts on February 25, 2020 at 00:00 (midnight) CET (or local time zone equivalent), and ends on March 8, 2020 at 17:00 CET (or local time zone equivalent).
- The Final Phase starts on April 21, 2020 at 12:00 (noon) CET (or local time zone equivalent), and ends on April 28, 2020 at 15:00 CET (or local time zone equivalent).
4.3 Only by completing the above phases will the Participant enter the Promotion. 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. Promotion entries cannot be returned.
5. REGISTRATION PHASE
5.1 If the Participant fulfils the eligibility criteria set out above for participation, the Participant will be able to register him or herself and his or her team online on the Website during the Registration Phase. Each participating team must consist of 3 team members. In order to successfully register, each Participant must enter his or her personal details as part of the team registration: first and last name, gender, date of birth and e-mail address. In addition, the following team info will have to be provided: team country (where all 3 members are residents), name of the university that at least one member of the team is currently attending, team name, team avatar/photo, a description explaining the team personality, the application questions answered and an URL to the Participant’s application video (why should the Participant’s team be chosen to compete?) that the Participants will have to upload via Youtube or Vimeo to the Website (“Submitted Content”). The Participant’s video should be no more than 60 seconds in length.
5.2 The right to participate in the Promotion is personal and non-transferable. Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
6. SELECTION PHASE
6.1 Selection phase is divided into a 2 step process of social voting and selection. Once the registration phase is over and You have uploaded and submitted Your Submitted Content to the Website, members of the public will vote for their favourite Submitted Content, based on creativity, "charm" of their application, energy and adventure factor to determine the top teams per country (“Finalists”) (“Social Voting”), which will then be eligible to be selected by the Judges. The number of Finalists will be equal to 25% of the total number of applications for each country. However, the minimum shall be at least four times the country team quota (found in the list below 6.7). For example, Austria will have 4 teams in its country team quota. If Austria has 100 applications, they should have 25 Finalists (25%). If Austria has 20 applications, they should have 16 Finalists (four times more than their country quota). Any decimal numbers will be rounded up to the next whole number (eg. 3,2 would be rounded to 4).
6.2 Users may vote multiple times throughout the Social Voting. User will be able to vote for one or more videos once each day during this period of time. No bulk or automated votes are permitted or those submitted via macros or similar.
6.3 Once the Finalists have been selected via Social Voting, Organizer, together with an independent and suitably skilled judge (“Judges”), will select 200 teams (each to be regarded as "National Team Winners") from all the valid entries received in accordance with the Terms. The decision of the Judges is final and no correspondence or discussion will be entered into. Out of the successful registrations as described above and considering the country quotas as described below the Judges’ decision will be based on creativity, "charm" of their application, energy and adventure factor. Due to the expected high number of entries, individual feedback is not possible.
6.4 Organizer will announce the 200 National Team Winners’ Submitted Content on the Website on March 9th, 2020.
6.5 For full details of the selection process, please email firstname.lastname@example.org. If a Participant (and subsequently the team) is disqualified, Organizer is under no obligation to publish this fact. Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
6.6 The selected National Team Winners will then be able to take part in the final phase, i.e. to compete in the Red Bull Can You Make It? Event ("Main Event").
6.7 The country quotas (as outlined in clause 6.1 above) are as follows:
Czech Republic 3
Hong Kong 1
South Africa 2
South Korea 1
United Kingdom 13
United States 15
6.8 Organizer reserves the right to modify this quota at any time. Changes will be published online on the Website.
6.9 In addition to the 200 National Team Winners, there will be 1 Hyundai wildcard team from one official partner entering the Promotion. Entry for this wildcard is open to all residents worldwide aged eighteen (18) years of age or older at the time the winner is chosen except for entrants from Japan, which is subject to the requirements in clause 3.3 of these terms. Find the rules and details to apply for this Hyundai wildcard team on the Website.
6.10 Included for the National Team Winners, beside the opportunity to take part in the Main Event, is the transport from and to each Finalist's place of residence (or from a nearby location to be designated by Organizer) to their designated starting points (i.e. Barcelona, Milan, Budapest, Copenhagen, Amsterdam) of the Main Event (“Starting Point”) on April 20, 2020, as well as accommodation and food for the evening of April 20, 2020 at the designated Starting Point and accommodation and food for the evening of April 28, 2020 on the finish line (“Finish Line”) location.
6.11 Only by following the described procedure will the Participant from one of the 200 National Team Winners enter the Final Phase.
7. FINAL PHASE (MAIN EVENT)
7.1 During the event week (April 21 – April 28, 2020), where these 200 National Team Winners will participate in the Main Event, Organizer will determine a first place and second place through the scoring system as stipulated below (“Event Week”).
7.2 During the Main Event, the National Team Winners have to travel hundreds of kilometres from the Starting Point to the Finish Line located in one major European city within seven days (as listed under the Prizes section). Along the way, the National Team Winners create their own path by visiting checkpoints in different cities, posting photos and videos of the journey via the event mobile app and their personal Instagram accounts, completing as many tasks of the Adventure List (which is provided to the participants beforehand) as possible using as many modes of transportation as needed and gathering support from followers back home.
7.3 The National Team Winners will begin from one of five major European cities (Barcelona, Milan, Budapest, Copenhagen and Amsterdam) that will be assigned to them by Organizer (the National Team Winners cannot choose their Starting Point). Each National Team Winner will receive a Welcome Kit including a team mobile phone, a map, business cards for the Main Event, safety instructions, a backpack and, of course, a case of 24 cans of Red Bull. Competitors may only bring one extra backpack each (containing for example clothing, personal care items, umbrellas, ID etc.). Additional luggage and other belongings will be securely transported by Organizer to the Finish Line for pick-up at the end of the week. All National Team Winners will leave from their designated Starting Point at 12:00 (noon) CET (or local time zone equivalent) on April 21st, 2020 and have one week to make it to the Finish Line located in one major European city by 15:00 CET (or local time zone equivalent) on April 28th, 2020. In case a Participant does not show up in time for on-site check-in at the designated Starting Point, his or her entire team will have forfeited the right to participate and will have no right to claim a refund. Organizer can decide to make an exception if a team is late due to reasons beyond their control (e.g. delayed flight).
7.4 Personal phones, smart watches, computers, tablets, GPS and other such devices as well as cash, credit/debit cards and all other forms of payment (altogether "Prohibited Items") will be sealed in tamper proof envelopes / containers to be provided by Organizer. If the seal is broken during the week, the respective National Team Winner is disqualified. Organizer will have the right to control all backpacks and personal belongings of the Participants at the Starting Line in order screen out Prohibited Items. Participants who are unwilling to undergo such screening or who are attempting to use Prohibited Items during the Main Event will be disqualified along with their respective team.
7.5 Checkpoints will be located in different cities all throughout Europe and are assigned a different number of points based on their difficulty, geographical location and the time duration of each checkpoint challenge. When a National Team Winner arrives at a Checkpoint, they are rewarded with more cans of Red Bull for the journey. Each Checkpoint will have a Challenge that National Team Winners must successfully complete to earn points towards their score (“Checkpoint Challenge and/or Checkpoint Category”). Challenges will test the National Team Winners’ body and mind (including physical activities, puzzles, problem solving) and will vary in difficulty, requiring strategy, creativity and speed. They may only attempt each Checkpoint Challenge once. If they fail, they are not rewarded with any points for that Checkpoint. The National Team Winners will be required to visit at least six (6) Checkpoints on their way to the Finish Line in order to successfully complete the Main Event.
7.6 The National Team Winners can earn additional points on their journey either by completing items on the Adventure List (“Adventure Category”) or by building their social support strength by uploading, sharing or liking team content on Instagram (Social Category). Social Points are measured by the level of involvement (e.g. likes/comments) they are able to generate around their uploaded content. The Adventure List is a mix between a scavenger hunt and a bucket list. These are fun, engaging activities that can be completed at any time during the Promotion. In order to receive credit for completion, they must prove it through photo or video. The more points at stake, the harder it is to complete.
7.7 Each National Team Winner begins the journey with one case of 24 Red Bull cans (“Cans”) and has to trade Cans for everything they need on the journey — food, a place to sleep, transportation to the next location and for other needs that come up along the journey. Cash, credit cards, Bitcoins and other forms of payment are not allowed and such items will be sealed in tamper proof containers.
7.8 The Finish Line is the final stop on the Red Bull Can You Make It? Adventure. It will be located in a major European city and will be disclosed before the Event Week. The National Team Winners need to complete their journey by 15:00 CET (or local time zone equivalent) on April 28, 2020 in order to be ranked. If National Team Winners successfully make it to the Finish Line earlier than April 28, 2020, Organizer shall not provide the team members with accommodation prior to April 28, 2020. Furthermore, no accommodation whatsoever will be provided to National Team Winners unsuccessfully finishing the Main Event (e.g. being disqualified due to cheating or opening their sealed envelopes or forfeiting the Promotion). In the case of an emergency or if a National Team Winner decides that they cannot participate any further, Organizer will arrange transportation to their place of origin without charge.
7.9 The "Overall Winner Team" will be selected based on their score in 3 different categories (Social Category, Checkpoint Category and Adventure Category). National Team Winners will be competing for points, which will determine their rank in each of these categories. Each ranking is associated with one score and the sum up of the three scores will be the final result for the teams.
- Social Points -> Rank -> Score 1
- Checkpoints Points -> Rank -> Score 2
- Adventure Points -> Rank -> Score 3
The National Team Winners’ final result will consist of the sum of their total scores in all three categories: Score 1 + Score 2 + Score 3 = Final result. If there is a tie, the team with higher ranking in Social is the winner.
- Score 1: Social support strength of the team:
Points will be awarded based on the quality of the content posted on Instagram, which will also be aggregated on redbullcanyoumakeit.com
- Score 2: Checkpoints Challenges completed:
A different number of points will be awarded for each Checkpoint Challenge successfully completed.
- Score 3: Number of tasks completed from the Adventure List:
A different number of points will be awarded for each Adventure challenge the National Team Winners complete, Adventure challenges have different points related to their difficulty. These points will be awarded with ‘proof' of completion of the task either through photo or video.
Exact scoring system will be shared with the Participants during the detailed briefing on April 20, 2020, Organizer will also determine the 2nd placed winner.
7.10 All National Team Winners that will participate in the Main Event will be provided with a mobile phone that will be preprogrammed with the event application as well as a direct emergency number to the Central Command. All outgoing or incoming connections (data, websites, texts, calls, etc.) are forbidden and may be blocked, except a direct number to the Central Command and Organizer and except for the web app connections within the limits of the application. Participants understand and agree that all the data created or going through the use of the phone can be used by Organizer, according to sections 11 and 12. The mobile phone will have to be handed back to the designated Organizer Staff at the end of the Main Event and remains the property of Organizer and its cooperation partners at all times.
7.11 Central Command of the Main Event is an office set up by Organizer that will run 24 hours for the 7 days during the event week. It will be the primary controlling center of the Main Event and the contact point of the Participants in case of emergency or questions. Central Command will also track the progress of each team.
7.12 All team members will have to place their personal devices such as mobile phones along with money and credit cards in a sealed envelope / in a tamper proof container to take with them on their journey. In the event of an emergency or if a National Team Winner decides that they cannot make it to the finish they can open the sealed envelope. In order to be eligible to win the Main Event, the entire team must arrive at the Finish Line without transportation organized by Central Command and with the original seal of the envelope / container still intact. Any suspected cheating or tampering will lead to the entire team's disqualification.
7.13 Other personal belongings of the Participants that have not been sealed in tamper proof containers and that are not transported in a backpack can be handed over to Organizer Staff once the Participants reach their designated Starting Point. A protocol will have to be signed by the Participants documenting the handed-over belongings. Such belongings will then be transported from the respective Starting Point to the Finish Line at the cost of Organizer. Containers and bags should be handed over in a sealed state; no grievance will be accepted with regard to loss or damage of their content. No valuable items should be handed over, as neither Organizer nor its cooperation partners can be made liable for any loss or damage with regard to such items. In order to retrieve their belongings at the Finish Line, Participants will be required to show identification and to confirm that their items have been retrieved by resigning the protocol. No grievance whatsoever will be possible once such signature has been given.
7.14 The contact details the Participant provides with the Promotion entry will be used to notify the Participant of any prizes; the Participant shall make sure that they are correct.
7.15 The Overall Winner Team as well as the Second Place Winner Team will be announced immediately after the end of the event week (“Announcement Date”).
7.16 Organizer shall contact the Overall Winner Team as well as the Second Place Winner Team using the email address provided with the Promotion entry. With the notification, the Overall Winner Team as well as the Second Place Winner Team will be provided with details on how to claim the prize and will be given up until 21 days (from when Organizer notified the Prize Winner(s) that they were successful) to claim the prize. If a Prize Winner cannot be contacted or is not available, or has not claimed the prize within 21 days of the Announcement Date, Organizer reserves the right to offer the prize to the next eligible Participant, selected in accordance with the Selection Process.
7.17 If a Prize Winner rejects the prize, then the prize will be forfeited and an alternative winner will be selected in accordance with the Selection Process. Organizer does not accept any responsibility if a Prize Winner is not able to take up the prize.
7.18 The prize(s) is personal and non-transferable and may not be claimed by a third party on the Participant’s behalf.
7.19 A list of Prize Winners can be viewed on Organizer’s website. In the event that the Participant is a prize winner, the Participant agrees that Organizer may disclose the information e.g. first name, last name, nickname, in accordance with the above.
7.20 The maximum delivery term shall be no longer than 90 days from the date on which the prize is claimed by the Overall Winner Team as well as the Second Place Winner Team. Any delay in relation to delivery of the prizes shall be communicated to the winner(s). Organizer will get in contact with the winners through the email given by the Participant when applying.
8. THE PRIZES
8.1 The National Team Winners will each be awarded one National Prize (in total 600 National Prizes; one National Prize for each of the three winning team members of the 200 National Winners). The prizes are: return economy flights for all three team participants to one Starting Point location in Europe, selected by Organizer among Amsterdam, Barcelona, Budapest, Copenhagen and Milan. The outbound flight will need to arrive by or before the April 20, 2020, depending on the distance of the Participant's country from the starting point location. Return flight will be on April 29, 2020. Hostel accommodations will be provided for the days 13 and 21 of April 2020. As part of the Promotion concept, accommodation will not be provided between 14 and 20 of April 2020. The total value of the National Prize will depend on the place of residence of each winning team member, on the location of the designated Starting Point and on the costs at the moment of booking. The total value of each National Prize will not exceed EUR 2,500 (or an equivalent amount of any applicable local currency) (before any applicable tax) per person.
8.2 The Overall Winners of the Promotion will each be awarded one Overall Prize (in total three Overall Prizes; one Overall Prize for each of the three winning team members of the Overall Winners) consisting of a trip. The Prize will include two-way transportation (to be determined by Organizer based on the distance) from each member's place of residence (or from a nearby location to be designated by Organizer). This also includes accommodation, transportation from one place to another during the trip as well as a selection of touristic attractions and access to Red Bull events, but daily expenses will not be included. The total value of the Overall Prize will depend on the place of residence of each winning team member, the duration of the trip and on the costs at the moment of booking. The three Overall Winners will be required to attend the same itinerary, including the starting and end point, and share the same hotel room at the discretion of Organizer. The total value of the Overall Prize will not exceed EUR 8,500 (or an equivalent amount of any applicable local currency) (before any applicable tax) per person. The prize has to be claimed by May 8, 2020.
8.3 The Second Place Winners will be awarded two-way transportation (to be determined by Organizer based on the distance) from each member's place of residence (or from a nearby location to be designated by Organizer) to any Red Bull event of their choice in their country of residence. This also includes accommodation for two nights in a four star hotel. The total value of the Overall Prize will depend on the place of residence of each team member, on the location of the chosen event and on the costs at the moment of booking. The three second place Winners will be required to attend the same itinerary, including the starting and end point, and share the same hotel room at the discretion of Organizer. The total value of the second place prize will not exceed EUR 1,000 (or an equivalent amount of any applicable local currency) (before any applicable tax) per person. The prize has to be claimed by May 31, 2020.
8.4 Any other incidental costs and expenses associated with prize acceptance and use such as security fees, gratuities, luggage fees, snacks, drinks, and incidental charges are the responsibility of the winner(s) (and winner's companion). Ground transportation may be provided in lieu of air transportation if the winner resides within a small radius of the destination, and no compensation or substitution will be provided for difference in value.
8.5 Each National Winner, Overall Winner and Second Place Winner (altogether “Prize Winners”) must possess and show valid travel documents, prior to departure (e.g. valid passport or other acceptable government-issued identification and entry visa if necessary). Travel insurance and spending money are the specific responsibility of the Prize Winner. Once airline tickets have been issued, no changes by Prize Winners will be permitted. Organizer will determine airline, airports, flight itinerary and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Organizer will not replace any lost, mutilated, or stolen tickets or travel vouchers.
8.6 To the extent permitted by law, Organizer reserves the right to replace any or all prizes with prizes of equal or greater value.
8.7 All travel arrangements for the prizes detailed in this Section must be made through Organizer's agent together with the Red Bull Group. No travel or other costs will be reimbursed for the participation in the Promotion except for those expressly mentioned in these Terms.
8.8 No cash alternatives will be provided and the prizes are non-transferable and non-refundable.
8.9 The Prize Winners shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable. FOR JAPAN: 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. 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.
8.10 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).
9. ORGANIZER’S RIGHT TO CHANGE THE TERMS AND TO DISQUALIFY
9.1 To the extent permitted by law, and without affecting the Participant’s statutory rights, if in Organizer’s opinion the Promotion is compromised by any event beyond the Organizer’s control, 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 the Participant or any third party (whether direct or indirect). The Participant should check our website regularly for any changes which will apply from the date that they are uploaded.
9.2 At any time during the Promotion, Organizer reserves the right in its sole discretion to disallow or suspend votes, disqualify and/or remove any Participant if it has reason to believe that where voting is used as a selection process, anyone voting for such finalist has been paid, incentivised or pressured in any way for placing their vote, either by the finalist or any third party and/or the Participant fails to observe these Terms, is engaged in cheating, or where applicable any other kind of illegal or inappropriate behavior. Organizer’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
9.3 In the event that a winning Participant, is disqualified, the prize will be forfeited and selected in accordance with the Selection Process.
10. FAIR PLAY
10.1 The Participant warrants that his or her entry does not contain material that violates or infringes another’s rights or reflects a political statement, including but not limited to privacy, publicity or intellectual property rights, contains brand names or trademarks, other than those of Organizer, which the Participant has a limited licence to use for the sole purpose of this Promotion, contains copyrighted material not created by the Participant, other than material that the Participant has necessary rights, consents and permissions to use, contains material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous and obtain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created. In the event this Promotion is run via one or more third party platform(s), the Participant warrants and represents that his or her entry does not infringe the Terms of the third party platform(s).
10.2 The Participant hereby warrants and represents to have personally performed and otherwise participated in the Promotion and to meet the eligibility criteria of these Terms associated with the entry or the Participant’s own creation of other materials such as user generated content and that the Participant has not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation.
10.3 The Participant represents to have the express consent of any identifiable persons appearing in the entry or video to their likeness being used in the ways set out in these Terms of Participation, including Sponsor's Organizer’s right to use the entry and image for any future commercial purpose without restrictions. Upon request, the Participant will obtain written consent of any such persons for Organizer. If any person appearing in the entry or image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The entry and image must not contain any personally identifiable information of any person.
10.4 In case of an infringement of Sections 10., the Participant shall defend and indemnify Organizer against claims of infringement based on intellectual property rights.
11. GRANT OF RIGHTS
11.1 The Participant may submit the material, where applicable, to Organizer in connection with the Promotion (collectively, “Entry Materials”). Entry Materials may contain the Participant’s, (or another's) voice, image, photograph, statements, biographical information, performances, name and likeness and other user-generated content.
11.2 As consideration for the participation in this Promotion and the opportunity for the Participant to win a prize, the Participant will assign to Organizer all rights as set forth in applicable law in, and to Entry Materials to the broadest extent possible. To the extent that rights are not assignable, the Participant grants to Organizer a worldwide, unlimited, exclusive, royalty-free, transferable licence to use the Entry Materials in any known or yet unknown kind of use (in particular in connection with the Promotion). This includes in particular but is not limitited to the following rights: the broadcasting right (e.g. free-/pay-TV, cable, satellite, Mobile-TV, IP-TV/Web-TV), the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition/fares right), the video rights (e.g. DVD), the right of distribution and copying, the right of promotion (e.g. the right to use the Entry Materials to promote the Promotion, its exploitation, the distribution channels), the publishing and merchandising right (e.g. printed media, goods and services of all kinds) as well as the right to use the Entry Materials for advertising purposes (the above-the-line-marketing right). The Organizer is allowed to modify, cut, dub and synchronise the Entry Materials and to combine the Entry Materials with other audio-visual productions. FOR COLOMBIA: The licence mentioned in the prior sentence is limited to twenty-five years. Organizer does not guarantee any confidentiality with respect to Entry Materials. Subject to any licence, the Participant grants herein, any and all Entry Materials that the Participant uploads, stores, transmits, submits, exchanges or makes available to the website is generated, owned and controlled solely by the Participant, and not by Organizer. It is solely the Participant’s responsibility to monitor and protect any intellectual property rights that the Participant may have in the Entry Materials, and Organizer does not accept any responsibility for the same.
11.3 The Participant represents and warrants that all necessary rights, permissions, consents and moral rights’ waivers have been duly and effectively obtained from any participant, performer, presenter, contributor or other person involved in the Entry Materials or rights, services or facilities in connection with it.
11.4 To the extent permitted by applicable law, Prize Winners may be requested to take part in promotional activity and Organizer reserves the right to use the names and addresses of Prize Winners, their photographs and audio and/or visual recordings of them in any promotional material to the extent each prize winner agrees. Organizer will seek the consent of the Prize Winners, where required. The Participant expressly acknowledges that the Participant and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
11.5 If the Participant wins the Promotion, the Participant agrees to assign to Organizer all the Participant’s intellectual property rights as set forth in applicable law, with full title guarantee; and waive all moral rights, as far as applicable by mandatory law, in and to the Participant’s Entry Materials and otherwise arising in connection with his or her entry to which the Participant may now or at any time in the future be entitled under applicable laws as amended from time to time and under all similar legislation from time to time in force anywhere in the world. The Participant expressly acknowledges that he or she and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
11.6 The Organizer is entitled to assign and/or sublicense all rights granted in this section 11 to third parties, including but not limited to Promotion partners and/or sponsors, third party media and platform partners, or to affiliates of the Organizer and to enable them to transfer or sublicense these rights.
12. COLLECTION OF INFORMATION AND DATA PRIVACY
12.3 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 Organizer’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.
12.9 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.
12.10 You can contact Organizer with regard to privacy questions as follows: email@example.com.
13. LIABILITY AND WARRANTY
13.1 Insofar as is permitted by law, Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the Prize Winners 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 prize. Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. The Participant’s statutory rights are not affected; FOR CHILE: (including the Consumer Guarantees under Consumer Rights’ Protection Law – Law n. 19.496). FOR FRANCE: In case the reward is a good or service offered by a third party, the responsible or liable company in case of direct damages is the entity providing the service or good. Under any circumstances, the Organizer shall not be held responsible for damage caused by a third party.
13.2 Insofar as is permitted by law, Organizer and the Red Bull Group exclude all liability to the Participant 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 the Participant in connection with the Participant’s participation in the Promotion unless such loss arises from Organizer’s or the Red Bull Group’s failure to respect its contractual and legal obligations, in which case Organizer still limits its liability for the abovementioned situations to the extent allowed by applicable law.
13.3 Insofar as is permitted by law, 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; prize 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.
13.4 There is no legal right to participate in this Promotion. Organizer is not responsible if the Participant is unable to participate in the Promotion for any reason.
13.5 Insofar as is permitted by law, Organizer is not liable if the Participant injures him/herself while performing actions with regard to this Promotion. The Participant represents that the Participant does not have any condition and is not affected by any circumstances that would prevent the Participant from safely participating in the Promotion or would pose a present risk to others in the Participant’s doing so. The Participant also agrees that the Participant is not otherwise prohibited from participating in the Promotion for any reason.
13.6 In no event shall 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.
13.7 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).
13.8 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 the responsibility of the Participant.
14.1 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.
14.2 These Terms shall be governed by Austrian Law, and the parties submit to the non-exclusive jurisdiction of the courts of Salzburg. 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 in accordance with the applicable legislation.
14.3 The latest version of the Terms will be available on the Organizer’s website.
14.4 For general questions arising out of these Terms and/or related to this Promotion, please contact firstname.lastname@example.org.
14.5 FOR CHILE: These terms and conditions are filed before the Notary of Santiago.