Rules / Legal
TERMS AND CONDITIONS
“RED BULL BC ONE FINGERBREAKIN’”
This Competition is run by Red Bull GmbH (“Sponsor” or “Red Bull”) with registered office at Am Brunnen 1, 5330 Fuschl am See, Austria, and its respective local subsidiaries, as well as its cooperative partners.
This Competition is free of charge and is only subject to the present Terms & Conditions and to all applicable international, federal, state, provincial, local and regional laws and regulations.
For general questions arising out of these Terms & Conditions and/or related to this Competition, please contact firstname.lastname@example.org
By entering and participating in this Competition, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.
a. In order to enter this Competition and be eligible to win a prize, you confirm that you (“Participant”, “Entrant” or “you”) satisfy the following eligibility criteria:
b. You acknowledge that you are at least 15 years of age at the time of participation, and, if under the age of 18 or under the age of majority for your jurisdiction, you are participating to this Competition under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as “Guardian” in the following) who has read and agreed to these Terms & Conditions on your behalf. In such a case, approval from both the Entrant and the Guardian will be mandatory.
c. Persons under the age of 15 and are not allowed to participate in this Competition, or transmit or otherwise submit personal information to Red Bull. Due to the fact that the participation is web-based, Red Bull excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a Guardian in case of an online participation. This solely lies within the responsibility of Entrant.
d. 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.
e. Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Competition, professional advisors, 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 Competition.
f. Only one registration and entry per person is allowed and only one prize may be awarded per person. Further, only natural persons and non-entrepreneurs are allowed to participate.
g. You are not allowed to participate in the Competition if your residence is outside the following countries: Singapore. In case your residence is outside said countries, you cannot participate in this Competition or be eligible for any prize.
h. Sponsor reserves the right to verify the email address provided to Sponsor by Entrant and to require proof of age, identity or verification of the Entrant’s compliance with these Terms and Conditions at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
2. COMPETITION PERIOD
a. Entries received by Red Bull outside the Competition Period for the respective country will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
b. Please note that during the Competition, Sponsor will announce different competition phases (a registration phase, a video-submission phase, judging phase and voting phase) and provide further instructions on the registration/submission procedure on http://fingerbreakin.redbullbcone.com
. Entries that will not conform with the timeline of these instructions will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions
c. The number of registrations and/or video submissions in the respective country due to the fact that there will only be a limited number of Shoeboxes (see section 3.2 below) available. In case the registration is not successful due the fact that the number of registrations has reached its limit, Entrant will be duly notified. In such a case, Entrant will receive no Shoebox, nor will he/she be eligible to participate in the Competition and win a prize.
3. RULES OF THE GAME AND OF PARTICIPATION
a. The Competition is conceived as an online contest for the best “Red Bull BC One Fingerbreakin” videos.
b. The procedure of the Competition can be explained as follows:
i. Firstly, people who wish to participate will be required to register on the Red Bull microsite http://fingerbreakin.redbullbcone.com
. They will need to enter their full name, age, home mailing address, e-mail, and their country of residence as well as “nickname” that they will be using during the Competition. Optionally, they will be able to choose their closest Red Bull University.
ii. People will also have the option to fill out certain data via a Facebook- or Twitter- login. Since this is purely optional and the participation in this Competition is entirely voluntary, this cannot be interpreted in any way as an obligation by Red Bull to register a Facebook- and or Twitter-account. In the case of minors, the Participant’s Guardian consent is required for registration.
iii. Red Bull will then provide the Participant with a box (“Shoe Box”) containing (i) miniature “shoes” to wear on their fingers, (ii) a miniature background, (iii) a miniature “floormat” (iv) and small booklet as well as (v) a can of Red Bull to their indicated home mailing address, either via postal service or directly via representatives of Red Bull.
iv. The Participants will then record a video-clip using their own devices (no video-recorders will be provided) with a close-up of their hands performing “Fingerbreakin’” in accordance with the provided booklet and the “Tricktionary” including a description of the requirements regarding the video’s size, length and format onhttp://fingerbreakin.redbullbcone.com
. During registration on http://fingerbreakin.redbullbcone.com
, Participants will also be asked to provide an URL
to their video which they will either upload on www.youtube.com or on www.vimeo.com. Red Bull will not host any of these videos, they will only be embedded onhttp://fingerbreakin.redbullbcone.com
via a link to the youtube/vimeo website with a possibility to share the videos via social media.
v. A panel of impartial judges to be determined by Red Bull (the “Jury”) will then select their eight (8) preferred videos per country. The evaluation criteria can be found on http://fingerbreakin.redbullbcone.com
. The 8 selected videos will then compete in voting-duels until the final battle determines the respective national winner (“National Winner”). During these voting-duels, people will be able to vote for their favorite video on http://fingerbreakin.redbullbcone.com
. Only one vote per person will be allowed.
vi. The National Winner of each country will then win a trip to the Red Bull BC One World Finals in Paris, France (“Red Bull BC One Finals”) on 29.11.2014. This also constitutes the national prize (“National Prize”).
vii. The Jury might then award the title of “World Champion” to their preferred video chosen from all National Winners. There will be no additional prize awarded to the World Champion.
1. Please note that no travel or other costs will be reimbursed for the on-site Participation to the Competition except for those expressly mentioned in these Terms & Conditions.
2. Red Bull is not liable in case a Participant injures him-/herself while recording the video clip. Red Bull is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks, as there is no legal right to participate in this Competition whatsoever.
4. THE SELECTION PROCESS
a. The National Prize will be only won by Participants that are eligible under the contest terms, have filled out and signed a participation form and have agreed to the Terms and Conditions (in the case of minors, have additionally received the consent of their Guardian), who have uploaded the video clip that has been deemed to be among the 8 best by the Jury in the respective country and, among this selection, have won the national voting process to become the National Winner.
b. The winning Participants will be notified with the results of the Competition by us as soon as the winners have been determined per e-mail and additionally, Red Bull reserves the right to publish the results and names of the winners online. In such a case, the Participants will be notified accordingly regarding the fact and the place of publication. In the case that Red Bull cannot contact you for whatever reason, Red Bull reserves the right to award the prize to an alternate Winner.
c. Red Bull undertakes to use reasonable efforts to maintain adequate hardware and software service for the Competition and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
d. 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.
e. If you are disqualified, Red Bull is under no obligation to publish this fact.
5. THE PRIZES
a. The National Winners will each be awarded one Prize consisting in a free two-way flight from their country of residence to Paris, France (including all necessary travel costs, e.g. travel to and from any airports, any costs associated with obtaining visas, permits or permissions to enter France but excluding travel insurances), as well as accommodations for the duration of the International Red Bull BC One World Finals in Paris on 29.11.2014.
b. In case a minor Entrant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian (for instance travels, the participation in a sport-related activity or any prize that involves a contractual relationship with Entrant), the responsible Guardian has to submit a written and signed disclaimer to email@example.com containing a description of his/her relationship with Entrant as well as his/her consent that (i) the minor Entrant may claim the Prize and (ii) Red Bull may provide representatives to accompany the minor Entrant for the duration of such travels. In case such disclaimer is not provided, Entrant will have forfeited the Prize and Red Bull reserves the right to award the prize to an alternate Winner. Red Bull is always entitled to substitute such prize with another. Neither Entrant nor the Guardian has any rights or claims regarding additional expenses in connection with the award of prizes.
c. Red Bull reserves the right to replace any or all prizes with prizes of a similar value.
d. 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
, LOCAL TAXES
, INCLUDING VAT TAXES WHICH ARE ASSOCIATED WITH THERECEIPT
OF ANY PRIZES ARE THE SOLE RESPONSIBILITY
OF THE WINNER
e. No cash alternatives will be provided and prizes are non-transferable and non-refundable.
f. In case the winner does not claim his/her prize within a week after having been contacted per e-mail or telephone by Red Bull, he/she will have forfeited the prize and Red Bull reserves the right to determine an alternate winner based on the next best score and availability.
g. The Competition will be run at Sponsor’s sole discretion. Sponsor’s decision in relation to all matters in connection with the Competition is final, and no correspondence will be entered into.
6. SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
a. Sponsor reserves the right to change the Competition rules and these Terms & Conditions from time to time and such changes will be available onhttp://fingerbreakin.redbullbcone.com
b. If in Sponsor’s opinion the Competition is compromised by any event beyond Sponsor’s control, Sponsor 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 you or any third party (whether direct or indirect).
c. At any time during the Competition, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating or uploading unsuitable content and in general for violations of the provisions set out under Clause 7 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and may be awarded alternatively.
7. FAIR PLAY & INTELLECTUAL PROPERTY
a. You hereby confirm that the personal data you enter in connection with the Competition is accurate and up to date.
b. You hereby warrant and represent that you personally performed and otherwise participated in the Competition to meet the criteria set out under sections 1, 3. and 4 of these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering this Competition, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
c. You confirm and are responsible that your entry does not:
i. contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
ii. contain brand names or trademarks, other than (i) those of Sponsor, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
iii. contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
iv. contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
v. contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
d. In case of an infringement of Clauses 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
8. GRANT OF RIGHTS
a. The Entrant hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any Competition, including your voice, image, photograph (including video), name and likeness and including any user generated content (collectively, “Entry Materials”) under current and future law to the broadest extent possible according to applicable law and to the general terms of the websites hosting the Entry Materials. To the extent that rights are not assignable, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to exploit the Entry Materials in any known or yet unknown kind of use. This includes in particular but is not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, the Sponsor acquires the right to make any changes, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. The Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
b. Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
c. The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Competition.
9. COLLECTION OF INFORMATION & DATA PROTECTION
a. In the following, the term “Personal Data” describes all data kept in connection with your name.
b. Red Bull may process your Personal Data itself, within the Red Bull Group or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations.
c. Red Bull and its affiliated companies will, as a general policy, not transmit Personal Data to third parties without your explicit consent. In particular, Personal Data will not be sold, leased or traded. However, in cases in which Red Bull is required to transmit Personal Data to an outside data processor in connection with the Competition, Red Bull will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms & Conditions. In such cases, Red Bull will require and make sure that our partners treat all Personal Data in a confidential manner and according to all relevant data protection regulations as well as to delete such Personal Data immediately as soon as their specific tasks have been fulfilled in connection with the Competition. Please note that Red Bull does not have complete control over the compliance with this obligation and that Red Bull cannot be held responsible for possible infringements by its partners to the extent that it is legally permissible.
d. Since Red Bull operates globally, this may mean Red Bull could transfer your personal information to other countries, including countries outside the European Economic Area in accordance with all relevant data protection regulations.
e. Personal Data will only be used for purposes in connection with this Competition and will only be retained by Red Bull, its affiliated companies and its mandated data processors for as long as is necessary to fulfil the original or directly related purpose for which it was collected in connection with the Competition. This might include a period of time after the conclusion of the Competition in order to distribute prizes or to fulfil tax related or any other legal queries.
f. Red Bull, its affiliated companies and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
g. Red Bull does not knowingly collect information from persons below the age of 15.
h. Winners may also be requested to take part in promotional activities and Red Bull reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity. Winners may be required to take part in further reasonable promotional activities.
i. The entered Personal Data shall always be accurate. You should keep your data up to date in order for Red Bull to notify you in case they you won a prize. Red Bull will ensure that your personal data is not used if we know that it is not accurate.
j. Red Bull and its contractors may contact you via email, phone or otherwise in relation to the Competition.
k. At any time, you have the opportunity to require the amendment and/or the deletion, entirely or partly, of such Personal Data. In such a case, Red Bull will ensure the deletion of such data as soon as feasible.
l. At any time, you also have the right to request information about the Personal Data we are keeping.
m. You can contact Red Bull with regard to privacy questions as follows: olly.emery@at,redbull.com
10. LIABILITY AND WARRANTY
a. Sponsor is liable in accordance with statutory law (a) for damages arising as result of an injury to life and/or health; (b) in case of intent; (c) in case of gross negligence if the Entrant is a consumer according to applicable consumer protection law; and/or (d) in case Sponsor is in breach of the requirements of statutory regulations on product liability (if applicable).
b. Without limiting the aforementioned, Sponsor is only liable for slight negligence in cases of a breach of a material contractual obligation hereunder. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases Sponsor shall not be liable for slight negligence.
c. Sponsor and the Red Bull Group exclude all liability to you for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by you in connection with your participation in the Competition. Sponsor and the Red Bull Group exclude all liability in case of injuries during the private filming of the video-clip – each Entrant is entirely responsible for his/her own recordings.
d. In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
e. To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Competition.
f. These Terms and Conditions will be governed by the laws of Austria and any disputes will be subject to the exclusive jurisdiction of the competent court in Vienna, Austria.