Reguli și termene de participare
TERMS OF PARTICIPATION
NO PURCHASE OR OTHER CONSIDERATION NECESSARY TO PARTICIPATE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
By entering and participating in this Competition, the participant ("Participant") agrees to be bound by these Terms of Participation ("Terms") and represents to satisfy all of the eligibility requirements below.
1. THE SPONSOR
1.1 This Competition is run by Red Bull GmbH ("Red Bull") whose registered office is located at Am Brunnen 1, A-5330 Fuschl am See, Austria, with the support of Red Bull's cooperation partners, agencies and service providers.
1.2 This Competition is run via one or more third party platform(s) 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 by the third party platform(s). By entering into this Competition 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 Competition. The Participant's use on the third party platform(s) is subject to the terms and conditions located on such site. Red Bull disclaims any liability should the Participant fail to comply with the third party platform(s) terms and conditions.
2. THE COMPETITION ("Competition")
2.1 This Competition is subject to these Terms and to all applicable laws and regulations.
2.2 The title of the Competition is "Red Bull Can You Make It?".
2.3 This Competition starts on 00:00 (midnight) UTC+1 (CET), 1 November 2017 and ends on 12:00 (noon) UTC+1 (CET), 17 April 2018 (inclusive) ("Competition Period"). All entries must be received by Red Bull before the closing date. All entries received after the closing date are automatically disqualified.
3.1 In order to enter this Competition and to win a 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 Competition or transmit or otherwise submit personal data (all data relating to the Participant, such as contact details, Competition responses and photographs, "Personal Data") to Red Bull. It is voluntary to provide Red Bull with the Participant's Personal Data; however, the Participant will not be able to enter the Competition if the Participant does not supply all required Personal Data.
3.3 The Participant is not allowed to participate if his or her residence is outside the countries that are listed under Section 6.6. below. Please note that Red Bull is not liable in case Participants are not legally allowed to take part in the Competition 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.
3.4 In case a Participant has already participated in the main event within the last years he or she is not allowed to participate again.
3.5 All team members must be currently attending university. If members of one team are attending different universities, the Participant will need to choose and specify only one of those universities when registering.
3.6 Directors, officers and employees of Red Bull, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Competition, professional advisers, third party service providers or advertising and promotional agencies involved with this Competition, 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. Red Bull shall verify these conditions consulting its database at the time of the selection.
3.7 Only one entry per person and per team is allowed. Further, only natural persons participating 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.
3.8 Red Bull 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. Red Bull 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.
3.9 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.
3.10 To enter the Competition, Participants must have 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).
If the Participant is not a registered user of YouTube or Vimeo, he or she can go to 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.
3.11 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 Red Bull, lead to disqualification from the Promotion without any claim to refund whatsoever regarding the Entry Fee and/or other incurred costs.
CODE OF HONOR:
1) No use of money. The Participant is not allowed to earn, accept or use any form of currency other than 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 for clarification.
7) No parting of the team at any time. All traveling and all Checkpoint challenges must be completed as a threesome.
8) Each team must visit a minimum of 6 Checkpoints.
9) If a team breaks one of these rules, it will be disqualified. The respective team will be responsible for its safe return back home.
4. COMPETITION PERIOD
4.1 In order to successfully enter the Competition, the Participant has to go to redbullcanyoumakeit.com 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 Red Bull.
4.2 The Competition - comprises of the following different phases within the Competition Period:
- The Registration Phase starts on November 1, 2017 at 00:00 CET, and ends on February 14, 2018 at 23:59 CET.
- The Selection Phase starts on February 15, 2018, 00:00 CET, and ends on March 6, 2018 at 17:00 CET.
- The Final Phase starts on April 10, 2018, at 12:00 CET, and ends on April 17, 2018 at 12:00 CET.
4.3 Only by following the procedure above will the Participant enter the Competition. 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. Competition 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 www.redbullcanyoumakeit.com during the Registration Phase. Each participating team must consist of 3 team members. In order to successfully register, the Participant will be required to enter with the following details with regard to each team member: first and last name, gender, age, e-mail address, phone number and home address. In addition, the following team info will have to be provided: team country (where all 3 members are resident), 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 and 3 application questions answered and provide an URL to the Participant's application video (why should the Participant's team be chosen to compete?) that the Participant's will have to upload via Youtube or Vimeo. The Participant's video should be no more than 60 seconds in size (or applicable platform).
5.2 The right to participate in the Competition is personal and non-transferable. Red Bull undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
6. SELECTION PHASE
6.1 Once the Registration Phase is over, Social Voting will determine the top teams per country ("Finalists"), 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 applicants for each country. However, the minimum shall be at least four times the National Winner country quota. For example, Austria will have 4 National Winners as country quota. If Austria has 100 applicants, they should have 25 Finalists (25%). If Austria has 20 applicants, 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 Red Bull, together with an independent and suitably skilled judge ("Judges"), will select 203 teams ("National 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 in Section 6.6. 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.
6.3 Red Bull will upload the 203 National Winners' videos together with the registration details (except e-mail address and home address) to canyoumakeit.redbull.com in order for members of the public to vote for their favourite video.
6.4 Users may vote multiple times throughout the vote. No bulk or automated votes are permitted or those submitted via macros or similar.
6.5 For full details of the selection process (including, if applicable, the names of the Judges) please email firstname.lastname@example.org. If the Participant is disqualified, Red Bull is under no obligation to publish this fact. Red Bull undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
6.6 The selected National 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 selection of the National Winners will also be based on country quotas, depending on the team's specified country:
Hong Kong 1
South Korea 1
Sri Lanka 1
Czech Republic 3
The Netherlands 10
United States 18
United Kingdom 20
6.8 Red Bull reserves the right to modify this quota at any time. Changes will be published online on www.redbullcanyoumakeit.com.
6.9 In addition, there will be 1 wildcard team from one official partner entering the competition. Entry for this wildcard is open to all residents worldwide aged between eighteen (18) years of age and thirty-five (35) years of age at the time the winner is chosen. Find the rules and details to apply on http://canyoumakeit.redbull.com/details/
6.10 Three individuals will be chosen to form the wildcard team and will directly be part of the National Winners without taking part in the Selection Phase. However, the wildcard team will have to comply with all requirements of these Terms, if applicable, to be eligible. This wildcard team will be announced online together with the other 203 National Winners at the end of the Selection Phase, making 204 teams entering the competition in total. As this wildcard team will have the competitive advantage of being featured on the partner's platforms, they cannot win the Competition.
6.11 The prize for the National Winners, beside the opportunity to take part in the Main Event, includes the transport from and to each member's place of residence (or from a nearby location to be designated by Red Bull) to their designated starting point of the Main Event on April 09, 2018, as well as accommodation and food for the evening of April 09, 2018 at the designated Starting Point and accommodation and food for the evening of April 17, 2018 in the Finish Line location.
6.12 Only by following the described procedure will the Participant enter the Final Phase.
7. FINAL PHASE (MAIN EVENT)
7.1 From the event week (April 10-17, 2018), where these 203 National Winners and the wildcard team ("Teams") will participate in the event, Red Bull will determine a First Place and Second Place through the scoring system as stipulated below.
7.2 During the Main Event, the Teams have to travel hundreds of kilometres from the Starting Point to the Finish Line located in one major European city within seven days. Along the way, the Teams create their own path by visiting Checkpoints in different cities, posting photos and videos of the journey via the event mobile app, completing as many tasks of the Adventure List as possible using as many modes of transportation as needed and gathering support from followers back home.
7.3 The Teams will begin from one of five Starting Points located in major European cities that will be assigned to them by Red Bull (the Teams cannot choose their Starting Point). Each Team 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 Red Bull to the Finish Line for pick-up at the end of the week. All Teams will leave from their designated Starting Point at 12:00 CET on April 10, 2018, and have one week to make it to the Finish Line located in one major European city by 12:00 CET on April 17, 2018. 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. Red Bull 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 Red Bull. If the seal is broken during the week, the respective National Winner is disqualified. Red Bull 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. When a National Winner arrives at a Checkpoint, they are rewarded with more cans of Red Bull for the journey. Each Checkpoint will have a Challenge that Teams can complete to earn points towards their score. Challenges will test the Teams' 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 Teams 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 Teams can earn additional points on their journey by completing items on the Adventure List. The Adventure List is a mix between a scavenger hunt and a bucket list, these are fun, engaging activities teams can be completed at any time during the Competition. 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 Winner begins the journey with one case of 24 Red Bull cans ("Cans") and have 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 aren't 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 Teams need to complete their journey by 12:00 CET on April 17, 2018 in order to be ranked. If Teams successfully make it to the Finish Line pursuant to the Terms earlier than April 17 Red Bull and/or the partner reserves the right to provide them with accommodation at its sole discretion. However, no accommodation whatsoever will be provided to Teams unsuccessfully finishing the Main Event (e.g. being disqualified due to cheating or opening their sealed envelopes or forfeiting the Competition). In the case of an emergency or if a National Winner decides that they cannot participate any further, Red Bull 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 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 Winners' final result will be consisted of the sum up of their 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.
- Checkpoints Challenges completed:
A different number of points will be awarded for each Checkpoint Challenge successfully completed.
- Social support strength of the team
Points will be awarded based on the social shares and likes which will be aggregated on redbullcanyoumakeit.com
- Number of tasks completed from the adventure list
A different number of points will be awarded for each Adventure challenge the National 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 09, 2018 Red Bull will also determine the 2nd placed winner.
7.10 All Teams 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 Red Bull 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 Red Bull, according to sections 11 and 12. The mobile phone will have to be handed back to the designated Red Bull Staff at the end of the Main Event and remains the property of Red Bull and its cooperation partners at all times.
7.11 Central Command of the Main Event is an office set up by Red Bull 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 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 Red Bull 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 Red Bull. 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 Red Bull 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 re-signing the protocol. No grievance whatsoever will be possible once such signature has been given.
7.14 The contact details the Participant provides with the Competition 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 Red Bull shall contact the Overall Winner Team as well as the Second Place Winner Team using the email address provided with the Competition 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 Red Bull 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, Red Bull 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. Red Bull 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 Red Bull's website. In the event that the Participant is a prize winner the Participant agrees that Red Bull 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 5 days from the date of 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). Red Bull will get in contact with the winners through the email given by the Participant when applying.
8. THE PRIZES
8.1 The National Winners will each be awarded one National Prize (in total 609 National Prizes; one National Prize for each of the three winning team members of the 203 National Winners). The prizes are: return economy flights for all three team participants to one starting point location in Europe, selected by Red Bull among Madrid, Rome, Budapest, Stockholm and Manchester. The outbound flight will be on the 8th or 9th of April 2018, depending on the distance of the Participant's country from the starting point location. Return flight will be on 18th April 2018. Hostel accommodations will be provided for the days 9 and 17th of April 2018. As part of the competition concept, accommodation will not be provided between 10 and 17th April 2018. 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 (before tax) per person.
8.2 The Overall Winners of the Competition 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 trip. The Overall Prize will include two-way transportation (to be determined by Red Bull based on the distance) from each member's place of residence (or from a nearby location to be designated by Red Bull). 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 Red Bull. The total value of the Overall Prize will not exceed EUR 8.500 (before tax) per person. For more details please visit www.redbullcanyoumakeit.com
8.3 The Second Place Winners will be awarded two-way transportation (to be determined by Red Bull based on the distance) from each member's place of residence (or from a nearby location to be designated by Red Bull) 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 Red Bull. The total value of the second place prize will not exceed EUR 1.000 (before tax) per person.
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). Travel insurance and spending money are the specific responsibility of the Prize Winner and companion. Once airline tickets have been issued, no changes by Prize Winners will be permitted. Red Bull will determine airline, airports, flight itinerary and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Red Bull will not replace any lost, mutilated, or stolen tickets or travel vouchers.
8.6 To the extent permitted by law, Red Bull 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 Red Bull's agent together with the Red Bull Group. No travel or other costs will be reimbursed for the participation in the Competition except for those expressly mentioned in these Terms. No cash alternatives will be provided and the prizes are non-transferable and non-refundable.
8.8 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.
8.9 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.
FOR AUSTRALIA: The Participant's statutory rights are not affected (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010).
9. RED BULL'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 Red Bull's opinion the Competition is compromised by any event beyond the Red Bull's control, Red Bull reserves the right to modify, terminate, amend or extend the Competition 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 Competition, Red Bull 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. Red Bull's decision in relation to all matters in connection with the Competition 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 Red Bull, which the Participant has a limited licence to use for the sole purpose of this Competition, 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, inappropriate, 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 Competition 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 Competition 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 Red Bull'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 Red Bull. 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 Red Bull against, claims of infringement based on intellectual property rights.
11. GRANT OF RIGHTS
11.1 The Participant may submit the material, where applicable, to Red Bull in connection with the Competition (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 Competition and the opportunity for the Participant to win a prize, the Participant will assign to Red Bull 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 Red Bull a worldwide, unlimited, exclusive, royalty-free, transferable licence to use the Entry Materials for the purposes of this Competition, including but not limited to the display on any and all Red Bull and its affiliates' websites, including social media websites. Red Bull 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 Red Bull. 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 Red Bull 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 Red Bull 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. Red Bull will seek the consent of the Prize Winners, where required. The Participant expressly acknowledge 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 Competition, the Participant agrees to assign to Red Bull 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.
12. COLLECTION OF INFORMATION AND DATA PRIVACY
13. LIABILITY AND WARRANTY
13.1 Insofar as is permitted by law, Red Bull, 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 Competition, 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.
13.2 Insofar as is permitted by law, Red Bull 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 Competition unless such loss arises from Red Bull'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 to the extent allowed by applicable law.
13.3 Red Bull 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 Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
13.4 There is no legal right to participate in this Competition. Red Bull is not responsible if the Participant is unable to participate in the Competition for any reason.
13.5 Red Bull is not liable if the Participant injures him/herself while performing actions with regard to this Competition. 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 Competition or would pose a present risk to others in the Participant's doing so. The Participant also agree that the Participant is not otherwise prohibited from participating in the Competition for any reason.
13.6 In no event shall Red Bull 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 Competition 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).
13.8 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 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 Please note that the official language of this Promotion will be English and that all interactions with the Organizer, including the registration, instructions and challenges during the Main Event, will be in English language only.
14.3 These Terms shall be governed by Austrian Law, and the parties submit to the non-exclusive jurisdiction of the courts of Salzburg.
14.4 The latest version of the Terms will be available on the Red Bull's website.
For general questions arising out of these Terms and/or related to this Competition, please contact email@example.com.