Red Bull Cliff Diving Meme & Win Competition - TERMS AND CONDITIONS
NO PURCHASE NECESSARY. 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.
This Promotion is run by Red Bull Media House GmbH ("Sponsor" or "Red Bull") whose registered office is located at Oberst-Lepperdinger-Strasse 11-15, 5071, Wals near Salzburg, Austria as well as its affiliated companies.
This Promotion is free of charge and is only subject to the present Terms & Conditions ("Terms") and to all applicable international, federal, state, provincial, local and regional laws and regulations.
For general questions arising out of these Terms and/or related to this Promotion, please contact email@example.com.
By entering and participating in this Promotion, you agree to be bound by these Terms and represent that you satisfy all of the eligibility requirements below.
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 organized, endorsed or administered by, or associated in any way by the third party platform(s). Your use on the third party platform(s) is subject to the terms and conditions located on such site. The Sponsor disclaims any liability should you fail to comply with the third party platform(s) terms and conditions.
1.1 In order to enter this Promotion and be eligible to win a prize, you confirm that you ("Participant", "Entrant" or "you") satisfy the following eligibility criteria:
1.2 You acknowledge that you are a natural person 18 years of age or older at the time of participation, and, if under the age of 18 or under the age of majority for your jurisdiction, you are participating to this Promotion under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as "Guardian" in the following) who has read and agreed to these Terms on your behalf. Persons under the age of 18 years are not allowed to participate in this Promotion or transmit or otherwise submit Personal Data (all data relating to you, such as your contact details, Promotion responses and photographs) to the Sponsor. It is voluntary to provide us with your Personal Data; however, You will not be able to enter the Promotion if you do not supply all required Personal Data.
1.3 Please note that Red Bull is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws.
1.4 Red Bull 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 enter or win any prizes in this Promotion.
1.6 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.
1.7 The Sponsor will not accept entries that are: (a) automatically generated by computer; (b) completed by third parties (on your behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; or (d) incomplete. The Sponsor reserves the right to verify where required, any consent provided by a 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 incorrect data regarding the age or residence of you will be deemed ineligible. You must not enter this Promotion through the use of multiple social media accounts. If it becomes apparent that you have used multiple social media accounts to circumvent this rule all your entries will be disqualified.
2. PROMOTION PERIOD
This Promotion starts on 25.05.2018 – 12:00 PM GMT and ends on 07.08.2018 – 12:00 PM GMT. Submission phase ends on 16.07.2018 – 12:00 PM GMT. Entries received by Red Bull outside this Promotion Period will not be considered and will have no entitlement whatsoever pursuant to these Terms.
3. RULES OF THE GAME AND OF PARTICIPATION
3.1 In order to successfully enter the Promotion, you will have to go to www.redbullcliffdiving.com/meme ("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). Furthermore, if you register via social sign-in e.g. Facebook, Twitter or Google+, additional information (e.g. age or location) may be provided to us.
3.2 You will have to download a competition picture, which is available on the Website and create a meme with it. Now you should upload and submit the meme ("Submitted Content") as described, on Facebook, on Twitter or on Instagram and tag the meme with @redbullcliffdiving (@cliffdiving on Twitter) and use the hashtag #redbullcliffdiving.
3.3 The object of this Promotion is to create the most creative meme of a Red Bull Cliff Diving photo. A meme is to creatively place the original action picture in a new and unusual or funny setting. Red Bull provides 7 images to use as memes on the Website www.redbullcliffdiving.com/meme
3.4 The size and/or length of your Submitted Content should no more than set out on the applicable platform. You must own the copyright in the Submitted Content. The Submitted Content must be your own work and must not: (a) be copied; (b) contain third party materials; (c) contain any content you do not have permission to use; (d) be offensive, distasteful, defamatory, dangerous, obscene, inappropriate; (e) violate the rights of any third party (e.g. any identifiable persons appearing in the Submitted Content or reflect a political statement; and/or (f) breach any applicable laws.
4. THE SELECTION PROCESS
4.1 Suitably skilled and independent judges or equivalent (the "Judges"), will choose 10 winning entries 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. The judging criteria of the Judges are creativity, fun, wit and originality. Insulting, sexist, racist or rights infringing images will not be taken into account.
4.2 The 10 finalists will be published on http://www.instagram.com/redbullcliffdiving in a gallery on 24.07.2018 in order for members of the public to vote for their favourite Submitted Content. The 10 finalists will be notified by Facebook comment, instagram comment or Twitter reply depending on the network where they posted their entry, so each Entrant shall make sure that his/her Instagram/Facebook/Twitter account is open to the public.
4.3 The vote for the best memes among the 10 finalists will be open between 24.07.2018 – 12:00 PM GMT and 07.08.2018 – 12:00 PM GMT (inclusive). Users may vote for multiple entries throughout the voting process, but only once per entry. No bulk or automated votes are permitted or those submitted via macros or similar.
4.4 The 3 finalists who collects the most likes will be the winner(s). The meme with the most likes wins the 1st prize, meme with the 2nd most likes the 2nd price and the meme with the 3rd most likes the 3rd price. In the event of a tie at the end of the selection process, the judges will select the winners.
4.5 For full details of the selection process please email firstname.lastname@example.org. If the selected winner(s) does not meet the eligibility criteria set out in these Terms, the Sponsor will re-draw and select an alternative winner(s). If you are disqualified, the Sponsor is under no obligation to publish this fact. The Sponsor undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.6 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. Entries cannot be returned.
5. THE PRIZES
5.1 The 1st prize is: trip for 2 people to the Red Bull Cliff Diving World Series Final in Polignano Italy from September 21 to September 24 2018 - the prize includes economy class flights, transportation from/to airport, hotel for 3 nights including breakfast, access to Red Bull Cliff Diving event.
5.2 The 2nd prize is : 1 Timex Command™ Red Bull® Cliff Diving World Series Watch
5.3 The 3rd prize is: 1 LifeProof FRE case for iPhone or Samsung.
5.4 Red Bull shall contact the prize winner(s) using the social media account, which was used for the Competition entry. On notification, the winner(s) will be provided with details on how to claim the reward and will be given up until 7 days (from when the Sponsor notified the winner(s) that they were successful) to claim the price. If a winner cannot be contacted or is not available, or has not claimed their reward within this period, the Sponsor reserves the right to offer the reward to the next eligible participant, selected in accordance with the selection process.
5.5 If a winner rejects the reward, then the reward will be forfeited and an alternative winner will be selected in accordance with the selection process. The Sponsor does not accept any responsibility if a winner is not able to take up the reward.
5.6 The reward is personal and non-transferable and may not be claimed by a third party on the winner's behalf.
5.7 A list of winners may be published on the Sponsor's website. The respective winner agrees that the Sponsor may disclose the winner's information e.g. first name, last name, nickname, in accordance with the above.
5.8 The maximum delivery term shall be no longer than 30 days from the end of the Promotion or the date of the reward claim. Any delay in relation to delivery of the rewards shall be communicated to the winner(s).
5.9 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 prize 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.
5.10 Each winner 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 winner will be permitted. The Sponsor will determine airline, airports, flight itinerary and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. The Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers. 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.
5.11 To the extent permitted by law, the Sponsor reserves the right to replace any or all rewards with rewards of equal or greater value.
5.12 Please note that no travel or other costs will be reimbursed for the participation in the Promotion except for those expressly mentioned in these Terms. No cash alternatives will be provided and rewards You are entitled to receive are non-transferable and non-refundable.
5.13 The winner shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable.
6. SPONSOR'S RIGHT TO CHANGE THE TERMS AND TO DISQUALIFY
6.1 To the extent permitted by law, and without affecting your statutory rights, if in the Sponsor's opinion the Promotion is compromised by any event beyond the Sponsor's control, the 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). You should check our website regularly for any changes which will apply from the date that they are uploaded.
6.2 At any time during the Promotion, the Sponsor 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 behaviour. The Sponsor's decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
In the event that a winning participant is disqualified, the prize will be forfeited and selected in accordance with the Selection Process.
7. FAIR PLAY
You warrant that your 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, contain brand names or trademarks, other than those of the Sponsor, which you have a limited licence to use for the sole purpose of this Promotion, contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use, contain 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 Promotion is run via one or more third party platform(s), you warrant and represent that your entry does not infringe the Terms of the third party platform(s).
8. GRANT OF RIGHTS
8.1 You may submit the material, where applicable, to the Sponsor in connection with the Promotion (collectively, "Entry Materials"). Entry Materials may contain you, (or another's) voice, image, photograph, statements, biographical information, performances, name and likeness and other user-generated content.
8.2 As consideration for your participation in this Promotion and the opportunity for you to win a prize, you will assign to the Sponsor all rights as set forth in the applicable law and to Entry Materials to the broadest extent possible. To the extent that rights are not assignable, you grant to the Sponsor a worldwide, unlimited, exclusive, royalty-free, transferable licence to use the Entry Materials for the purposes of this Promotion, including but not limited to the display on any and all Sponsor and its affiliates' websites, including social media websites. The Sponsor does not guarantee any confidentiality with respect to Entry Materials. Subject to any licence, you grant herein, any and all Entry Materials that you upload, store, transmit, submit, exchange or make available to the website is generated, owned and controlled solely by you, and not by the Sponsor. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your Entry Materials, and the Sponsor does not accept any responsibility for the same. You expressly acknowledge that you and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
8.3 You represent and warrant that all necessary rights, permissions, consents and moral rights' waivers have been duly and effectively obtained from any performer, presenter, contributor or other person involved in the Entry Materials or rights, services or facilities in connection with it.
8.4 To the extent permitted by applicable law, prize winners may be requested to take part in promotional activity and the Sponsor 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. The Sponsor will seek the consent of the winner, where required. You expressly acknowledge that you and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.
9. COLLECTION OF INFORMATION & DATA PROTECTION
Information about how the Sponsor may collect, process and store your Personal Data for the Promotion and otherwise, can be found within our website http://www.redbull.com/pp/en_INT.
10. LIABILITY AND WARRANTY
10.1 Insofar as is permitted by law, the Sponsor, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the prize winner 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. Your statutory rights are not affected.
10.2 The 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 unless such loss arises from the Sponsor'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.
10.3 The Sponsor 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.
10.4 There is no legal right to participate in this Promotion. The Sponsor is not responsible if You are unable to participate in the Promotion for any reason.
10.5 The Sponsor is not liable if You injure Yourself while performing actions with regard to this Promotion. You represent that You do not have any condition and are not affected by any circumstances that would prevent You from safely participating in the Promotion or would pose a present risk to others in Your doing so. You also agree that You are not otherwise prohibited from participating in the Promotion for any reason.
10.6 In no event shall the Sponsor 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.
10.7 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).
10.8 The Sponsor 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.
11.1 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.
11.2 These Terms shall be governed by Austrian Law, and the parties submit to the non-exclusive jurisdiction of the courts of Vienna Inner City.
11.3 The latest version of the Terms will be available on the Sponsor's website.