RED BULL SHOP
TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR THE RED BULL KTM RACING TEAM PRIZE DRAW (the “PROMOTION”) NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
This promotion is run by AlphaTauri GmbH (“Sponsor”), whose registered office is located at Halleiner Landesstraße 24, AT 5061 Elsbethen, Austria as well as its affiliated companies.
This Promotion 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 Promotion, please contact email@example.com
By entering and participating in this Promotion, you ("Participant", “Entrant” or “you”) agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.
1.1 You acknowledge that you are 18 years of age (or over the age of majority for your jurisdiction) or older at the time of participation, you have read and agreed to these Terms & Conditions.
1.2 Persons under the age of 18 are not allowed to participate to this Promotion or transmit or otherwise submit personal information to Red Bull.
1.3 Please note that the sponsor is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws.
1.4 The sponsor is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Red Bull is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
1.5 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 Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to win any prizes in this Promotion.
1.6 More than one entry per person is allowed. Further, only natural persons and non-entrepreneurs are allowed to participate.
1.7 Sponsor reserves the right to verify the email address provided to Sponsor by Entrant and to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
§2 PROMOTION PERIOD
2.1 This Promotion starts on Friday 1st of September, 2023, until Tuesday, 5th of September, 2023 at midnight CET.
2.2 Entries received by the sponsor outside this Promotion Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
§3 RULES OF THE GAME AND OF PARTICIPATION
3.1 The participation of the RED BULL KTM RACING TEAM PRIZE DRAW is only possible on Instagram. For the participation in the RED BULL KTM RACING TEAM PRIZE DRAW, an Instagram account and following @redbullshop is required. The RED BULL KTM RACING TEAM PRIZE DRAW is not linked to Instagram and is not sponsored, endorsed or administered by, or associated in any way with Instagram. Your use of Instagram is subject to Instagram´s terms and conditions. The sponsor disclaims any liability should you fail to comply with Instagram´s terms and conditions.
3.2 The competition is open from September, 1st 2023. @redbullshop will publish an Instagram post announcing the promotion. To participate consumers will have to:
1. Follow @matthias_walkner and @redbullshop
2. Like this post
3. Comment with your favourite racing emoji
§4 THE SELECTION PROCESS
4.1 The winner will be selected randomly on Wednesday, 6th of September 2023.
4.2 The winner of the Red Bull Shop Promotion will be informed on Instagram via direct messaging (“Instagram Direct”), so please make sure that your Instagram account is open to the public. You can claim your prize by sending us your full name, e-mail address, phone number and the shipping address you wish the prize to be delivered to. The contact details that you provide will be used to notify you and deliver the prizes, so please make sure they are correct.
4.3 The sponsor undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
4.4 The sponsor also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.5 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.
4.6 If you are disqualified, the sponsor is under no obligation to publish this fact.
§5 THE PRIZES
5.1 The prize of the Red Bull Shop Promotion is a Matthias Walkner signed cap. The prize will be delivered either via postal service to the respective shipping address we’ll receive from the winner of the promotion. The delivery costs for the prizes will be borne by the Sponsor. If the prize is an event ticket, the winner has to organize his/her travel to/from the event and any costs related to such travel (e.g. transport costs, accommodation costs, etc.) shall be borne by the winner.
5.2 The sponsor reserves the right to replace any or all prizes with prizes of a similar value.
5.3 Please note that no travel or other costs will be reimbursed for the participation in the Promotion.
5.4 A winner may reject any prize awarded to him/her.
5.5 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.
5.6 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
5.7 In case the winner does not claim his/her prize by 10th of September, 2023 23:59 CET he/she will have forfeited the prize and Red Bull reserves the right to determine an alternate winner based on a second selection by chance.
5.8 The Promotion will be run at Sponsor’s sole discretion. Sponsor’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
§6 SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
6.1 Sponsor reserves the right to change the Promotion rules and these Terms & Conditions from time to time.
6.2 If in Sponsor’s opinion the Promotion is compromised by any event beyond Sponsor’s control, Sponsor reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
6.3 At any time during the Promotion, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 7 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winner is disqualified, the prize will be forfeited and/or may be awarded to an alternative winner, who will be selected by chance from the pool of all correct answers.
§7 FAIR PLAY
7.1 You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.
7.2 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 3. and 4. of these Terms & 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 Promotion, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
7.3 You confirm and are responsible that your entry does not:
• contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
• contain brand names or trademarks, other than (i) those of Sponsor, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
• contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
• contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
• contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
7.4 In case of an infringement of sections 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
§8 GRANT OF RIGHTS
8.1 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 Promotion, including your voice, image, photograph, statements, biographical information, performances, 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. 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 copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice to the Entrant. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant. Entrant waives any and all moral rights (sometimes referred to as “droit moral” or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licenses in this section include in particular but are 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 alterations, 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.
8.2 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.
8.3 The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
§9 COLLECTION OF INFORMATION & DATA PROTECTION
9.2 For questions of data usage by Instagram, please refer to help.instagram.com/478745558852511.
9.3 You can contact Sponsor with regard to privacy questions as follows:
Halleiner Landesstraße 24
E-Mail (Red Bull Shop): service.@redbullshop.com
§10 LIABILITY AND WARRANTY
10.1 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).
10.2 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.
10.3 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 Promotion.
10.4 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.
10.5 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
10.6 These Terms and Conditions will be governed by the laws of Austria. and any disputes will be subject to the exclusive jurisdiction of the courts of Austria.