Terms of Participation
NO PURCHASE OR OTHER CONSIDERATION NECESSARY TO PARTICIPATE. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
THIS PROMOTION IS DESIGNED AS A SKILL/IDEA CONTEST. 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. EXCEPT FOR THE MARKS OF RED BULL (ADDRESSED BELOW), ENTRY MUST NOT FEATURE ANY THIRD-PARTY COPYRIGHTED MATERIAL (INCLUDING, WITHOUT LIMITATION, MUSIC), TRADEMARKS, LOGOS, TRADE DRESS OR PROMOTION OF ANY BRAND, PRODUCT, OR SERVICE.
By entering and participating in this Promotion, you (“You”) and the whole team agree to be bound by these Terms of Participation (“Terms”) and represent that you satisfy all of the eligibility requirements below. This Promotion is subject to these Terms and to all applicable laws and regulations.
FOR US: Please visit https://www.redbullbasement.com/en-us/terms for Official Rules, eligibility and prizing governing US participants in this promotion. Any conflict between the US Official Rules and these Terms, the US Official Rules shall control.
FOR Canada: Please visit https://www.redbullbasement.com/en-ca/terms for Official Rules, eligibility and prizing governing Canadian participants in this promotion. Any conflict between the Canada Official Rules and these Terms, the Canada Official Rules shall control.
FOR SOUTH AFRICA: If You are a consumer, as defined in the Consumer Protection Act 68 of 2008 (‘Consumer Protection Act’) the Organizer (as defined below) has a duty to point out certain important terms to you. The paragraphs which contain these important terms and the reasons why they are important are set out below:
a. Limitation of the Organizer’s liability: Clauses 1, 3, 4 and 10 are important because they limit and exclude obligations, liabilities and legal responsibilities which the Organizer may otherwise have had towards You. They also limit and exclude Your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on You.
b. Assumption of risk: Clauses 1, 3, 4 and 10 are important because they contain assumptions of risk by You and may limit Your rights and remedies against the Organizer.
c. Acknowledgment of fact: Clauses 3 and 7 are important because they each contain an acknowledgement of fact by you. You must read each paragraph carefully because they set out how monies are held on your behalf.
d. Indemnity: Clauses 7 and 10 requires You to indemnify and hold the Organizer harmless against claims that may be made against the Organizer in certain circumstances. This may place various risks, liabilities, obligations and legal responsibilities on You and the Organizer may claim payment from You of the amount of these claims.
1. THE ORGANIZER
1.1 This Promotion is run by Red Bull GmbH whose registered office is located at Am Brunnen 1, A-5330 Fuschl am See, Austria, Red Bull Australia Pty Ltd (ABN 67 085 840 259) whose registered office is located at Level 1, 55 Doody Street, Alexandria NSW 2015 and Red Bull Japan whose registered office is located at Hulic Aoyama No. 2 Building, 1-3-3 Shibuya, Shibuya-ku, Tokyo Japan 150-0002, Red Bull New Zealand who registered office is located at 27 Mackelvie St, Grey Lynn, Auckland 1011, New Zealand, with the support of the Organizer’s cooperation partners, agencies and service providers (”Organizer”, or “Red Bull”). FOR BRAZIL: The Promotion is Run by Red Bull do Brasil, Ltda., Avenida Cidade Jardim, 314, 1st sobreloja, Zip Code 01454-000 Sao Paulo, Brazil. FOR RUSSIA: The Promotion is run by Red Bull (Rus) LLC, whose registered office is located at Stanislavskogo street, 21 bld. 3, Moscow, 109004, Russia (”Organizer”), its affiliated companies, agencies and service providers.
1.2 In the event this Promotion is run via one or more third party platform(s), the Promotion is not linked to the third party platform(s) and is not sponsored, endorsed or administered by, or associated in any way with the third party platform(s). By entering into this Promotion, You accept to have no claim against and cannot make any claim against the third party platform(s) that arises in connection with the participation in this Promotion. The Participant’s use of the third party platform(s) is subject to the terms and conditions located on such site. Organizer disclaims any liability should the Participant fail to comply with the third party platform(s) terms and conditions.
2. THE PROMOTION (the “Promotion”)
2.1 The title of the Promotion is Red Bull Basement.
2.2 This Promotion starts on 01 September 2021 11:00:00 am UTC and ends on 15 December 2021, 11:00:00 am UTC (inclusive).
2.3 The Promotion is intended to support creative self-expression and development of creative skills of participants.
3.1 In order to enter this Promotion and be eligible to get a reward, You represent and warrant that You satisfy the following eligibility criteria:
- You acknowledge that You are a natural person 18 years of age or older at the time of entry. Persons under the age of 18 years of age 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 Organizer. 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.
- FOR JAPAN: If under the age of 20, you are participating in the Promotion under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as “Guardian” in the following) who has read and agreed to these Terms on your behalf. Organizer excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a Guardian. This solely lies within your responsibility.
- FOR Russia: Persons under the age of 18 years of age are not allowed to participate in this Promotion. Persons receiving Bachelor's or Master’s degree, post-secondary vocational education, studying full-time and distance can take part in the Promotion.
- You can enter the Promotion individually, or as a team consisting of 2 team members.
- The Promotion is open to residents from Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Chile, Croatia, Czech Republic, Denmark, Egypt, France, Germany, Greece, Hungary, India, Ireland, Italy, Japan, Jordan, Kazakhstan, Kenya, Kosovo, Latvia, Lithuania, Malta, New Zealand, Nigeria, Norway, Pakistan, Poland, Portugal, Romania, Russia, Slovakia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Turkey, United Kingdom, Ukraine, United States of America, Uzbekistan (“Participating Countries”).
- Each Participant has to be a student throughout the promotion period.
- Please note that the Organizer is not liable in cases where Participants are not legally allowed to take part in the Promotion due to national or local laws.
- The Organizer 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. Organizer is not liable in case a Participant injures him-/herself while performing actions related to this Promotion to the extent permitted by law.
- Directors, officers and employees of the Organizer, its parent company, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisers, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any rewards in this Promotion. The Organizer shall verify these conditions consulting its database at the time of the selection.
- You speak and understand the English language. Please note that the official language of the Promotion will be English and that all interactions with the Organizer, and further instructions in the course of the Promotion, will generally be in English language. Any translations are provided as a matter of courtesy only. Within stage one, the official language may vary depending on the respective country.
3.2 The Organizer 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 Organizer reserves the right to verify the email address provided by You including 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 an invalid email address or incorrect data regarding the age or residence of You will be deemed ineligible. You must not enter this Promotion through the use of multiple email accounts or social media accounts. If it becomes apparent that You have used multiple email accounts or social media accounts to circumvent this rule all Your entries will be disqualified.
3.3 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.
4. RULES OF PARTICIPATION, SELECTION PROCESS AND THE REWARDS
4.1 In order to successfully enter the Promotion, You will have to go to www.redbullbasement.com and follow the given instructions step-by-step, which includes providing the data that is requested in order to register (e.g. name, age, gender, university, country 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. The Promotion comprises of two stages.
4.2 For stage one, You will have to upload and submit a video of up to 60 seconds detailing your project idea (“Submitted Content”) as described on www.redbullbasement.com between 01 September 2021, 11:00:00 am UTC (start date) and 24 October 2021, 21:59:59 pm UTC (closing date) in order to successfully enter this stage. All entries must be received by the Organizer before the closing date. All entries received after the closing date are automatically disqualified.
4.3 The size and/or length of Your Submitted Content should be 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.
4.4 There is no limit to the number of entries, which may be submitted.
4.5 Once You have uploaded and submitted Your Submitted Content, it will be published on www.redbullbasement.com after it has been reviewed by the Organizer. Members of the public will be able to vote for their favourite Submitted Content, based on the criteria of feasibility, impact and creativity (“Social Voting”). The results of the Social Voting will then be considered by the Judges as one of the selection criteria (see Clause 4.7). The Social Voting will be open until 24 October 2021, 21:59:59 pm UTC. The public and/or You may vote once per entry per day. No bulk or automated votes are permitted or those submitted via macros or similar.
4.6 The Organizer, together with independent and suitably skilled judges (the “Judges”), will then select between 25 October 2021 and 31 October 2021 one finalist (individual or team) per Participating Country in addition to two wildcard entries (together the “Finalists”). Selection of the Finalists is based on skill alone. These Finalists will be those who in the Judges sole opinion best meet the selection criteria of (i) feasibility, (ii) impact and (iii) creativity of the entry. The result of the Social Voting will also be considered as part of the selection criteria. The decision of the Judges is final and no correspondence or discussion will be entered into. Due to the expected high number of entries, individual feedback is not possible. The Judges will make the final decision to ensure no element of chance determines the Finalists.
4.7 The rewards for the Finalists are: each Finalist (individual or each team member) will win: (a) one return flight to the Red Bull Basement Global Final. Date and location of the Red Bull Basement Global Final will be announced on www.redbullbasement.com. Unless communicated differently on the mentioned website, the Red Bull Basement Global Final will be held from 13 December 2021 until 15 December 2021. Outbound flight will be on 11 December or 12 December 2021 depending on the country of departure. The return flight will be on 16 December 2021 to the same airport as departure (b) twin-room hostel/hotel accommodation during the stay (c) full access to attend the Red Bull Basement Global Final. The Finalists will be contacted on 29 October 2021 (and announced on 02 November 2021). The Organizer will get in contact with the Finalists (individual or each team member) via the phone number or via Email provided during the registration. If the Finalist cannot be reached within 48 hours (in case of finalist team, it is sufficient if one team member can be reached), the Judges will select an alternative finalist (individual or Team) in accordance with clause 4.6 and the prize will move to the selected alternative finalist. The total value of the stage one reward will not exceed EUR 4,000.00 (four thousand euros) or an equivalent amount of any applicable local currency (before any applicable tax) per team.
PLEASE NOTE THAT THE REWARDS ARE SUBJECT TO POTENTIAL CHANGES DUE TO COVID-19 AND POTENTIAL TRAVEL RESTRICTIONS. In particular, the accommodation and times of the outbound and return flight might change in case of a postponement or relocation of the Red Bull Basement Global Final due to COVID-19 or potential travel restrictions. Furthermore, the Red Bull Basement Global Final may be held on a different date or as an online event in case of COVID-19 or other potential restrictions. All information regarding a postponement or relocation will be announced on www.redbullbasement.com.
FOR RUSSIA: The organizer undertakes the following expenses related to participation in the stage one:
- plane ticket from the place of residence to the city where stage two takes place and back on above mentioned dates. If the Participants want to change the return city or return dates, the return tickets shall be paid by the Participants on their own;
- transfer to the airport at the place of residence and back after the stage two if the participant doesn’t live in the city or the closest region where the airport is located. In all cases the transfer will be provided at the Organizer’s own discretion.
Other expenses, including but not limited to: expenses related to the transfer to the airport at the place of residence and back if they are not covered by the statement above, transfer to and from the hotel or hostel, meals, medical insurance policy, if necessary, visa and any other costs not directly specified in this clause of these Terms and Conditions related to participation are borne by the participants themselves and are not compensated by the Organizer. The Organizer is not responsible to the participants for the impossibility of making a trip to the stage two for reasons beyond the control of the Organizer, including in the case of the participant's fault. In this case, the Organizer has the right to credit such a team a defeat.
4.8 For stage two, the Finalists (individuals or teams) from stage one and two wildcard individuals or teams will have to pitch for up to two minutes to present their final idea at the Red Bull Basement Global Final in order to successfully complete this stage.
4.9 Of those stage one Finalists (individuals or teams) and two wildcard individuals or teams that presented their final idea at the Red Bull Basement Global Final, the “Judges” will choose one global winner (individual or team) in accordance with the Terms and based on the criteria of (i) feasibility, (ii) impact and (iii) creativity of the entry. The decision of the Judges is final and no correspondence or discussion will be entered into. Due to the expected high number of entries, individual feedback is not possible. Selection of the global winner is based on skill alone. The Judges will make the final decision to ensure no element of chance determines the global winner.
4.10 The global winner will be announced on stage during the Red Bull Basement event on 15 December 2021 and will also be communicated on the www.redbullbasement.com. The total value of the stage two reward will not exceed EUR 4,000.00 (four thousand euros) or an equivalent amount of any applicable local currency (before any applicable tax) per team. Winners must be present at the event to claim their prize.
4.11 If you have further questions on the selection process or the promotion in general, please email firstname.lastname@example.org. For stage one or stage two, if the selected reward recipient(s) does not meet the eligibility criteria set out in these Terms, the Organizer will re-draw and select an alternative reward recipient(s) in accordance with the above selection criteria. If You are disqualified, the Organizer is under no obligation to publish this fact. The Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.12 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. NOTIFICATION AND CLAIMING THE REWARD
5.1 The contact details You provide with Your Promotion entry will be used to notify You of any rewards You are entitled to receive, so please make sure they are kept up to date and accurate.
5.2 The Organizer shall contact the reward recipient(s) using the telephone number or email address provided with the Promotion entry. On notification, the reward recipient(s) will be provided with details on how to claim the stage one reward and will be given up until 02 November 2021 to claim this reward. If a reward recipient cannot be contacted or is not available, or has not claimed their reward within this period, the Organizer reserves the right to offer the reward to the next eligible participant, selected in accordance with the Selection Process.
5.3 The reward is personal and non-transferable and may not be claimed by a third party on Your behalf.
5.4 A list of stage one reward recipients and stage two reward recipient(s) may be published on the Organizer’s website. In the event that You are a reward recipient You agree that the Organizer may disclose Your information e.g. first name, last name, nickname, university, country in accordance with the above.
5.5 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 reward recipient(s).
5.6 Any other incidental costs and expenses associated with reward acceptance and use such as security fees, gratuities, luggage fees, snacks, drinks, and incidental charges are the responsibility of the reward recipient(s) (and reward recipient's companion). Ground transportation may be provided in lieu of air transportation if the reward recipient resides within a small radius of the destination, and no compensation or substitution will be provided for difference in value.
5.7 Each reward recipient must possess and show valid travel documents, prior to departure (e.g. valid passport or other acceptable government-issued identification). Each reward recipient is personally responsible to comply with any applicable travel requirements, in particular, but not limited to vaccination, quarantine requirements, etc. For the avoidance of doubt, the Organizer will not be responsible for such additional requirements or travel. Travel insurance and spending money are the specific responsibility of the reward recipient and companion. Once airline tickets have been issued, no changes by winner will be permitted. The Organizer will determine airline, airports, flight itinerary and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. The Organizer will not replace any lost, mutilated, or stolen tickets or travel vouchers. Reward recipient(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. The Organizer does not make any guarantees as to the safety of the host city of the Red Bull Basement Global Final.
5.8 The Organizer reserves the right in its total discretion to replace any or all rewards with alternative rewards which may be of equal or greater value and there shall be no cash equivalent in these circumstances.
5.9 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.
5.10 The reward recipient shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable.
5.11 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).
5.12 FOR AUSTRALIA: The Participant’s statutory rights are not affected (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010. FOR CHILE: (including the Consumer Guarantees under Consumer Rights’ Protection Law – Law n. 19.496). FOR JAPAN: In case a legal minor Participant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian, the Organizer is entitled to determine an alternate winner in case no such approval is given. Neither the Participant nor the Guardian has any rights or claims regarding the Organizer’s decision.
5.13 FOR RUSSIA: The transfer of the Prize from the Organizer to the winner is made out by the Prize Acceptance Certificate with details of the corresponding cost of the Prize. The Winner's consent to receive the Prize is the provision of the following documents by the Winner to the Organizer:
• copies of a passport containing the following data: last name, first name, middle name, date of birth, series and number of the passport, by whom and when issued, address of permanent registration at the place of residence;
• contact phone number and delivery address;
• copies of the certificate of registration with the tax authority (TIN);
• signing by the Participant of the prize acceptance certificate or other documents confirming receipt of the Prize, if required by the Organizer.
The Winner is responsible for the accuracy of the information, provided by him. The documents specified in this clause are provided to the Organizer at the address, indicated by the Organizer in his message to the Winner, within 7 (seven) days from the date of sending of such message by the Organizer.
The Organizer hereby informs the reward recipient that, in accordance with the provisions of the Tax Code of the Russian Federation, the value of all rewards received from organizations exceeding 4,000 (four thousand) Russian rubles for the reporting period (calendar year), including those received in kind, is included in the tax base on personal income tax. The taxes associated with the receipt or use of the reward shall be payed by the winner. By participating in the Promotion and agreeing with these Terms, the Participants, including the Winners, are duly informed of the above rule of the Russian tax legislation. The Winner bears the obligation to accrue and pay taxes in connection with the delivery of the corresponding Prize as part of the Activation, as well as the responsibility for failure to fulfill this obligation. The Organizer, acting as a tax agent in relation to the Winner (taxpayer), informs the tax authority at the place of registration in writing about the impossibility of withholding personal income tax from the taxpayer and the amount of unpaid personal income tax in accordance with the legislation of the Russian Federation on taxes and fees. Obligations to pay tax are imposed on the Winner.
6. ORGANIZER’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 Organizer’s opinion the Promotion is compromised by any event beyond the Organizer’s control, including but not limited to the current covid-19 pandemic, the Organizer reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to 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 Organizer reserves the right in its sole discretion to disallow or suspend votes, disqualify and/or remove any Participant if it has reason to believe that, where voting is used as a selection process, anyone voting for such finalist has been paid, incentivised or pressured in any way for placing their vote, either by the finalist or any third party and/or the Participant fails to observe these Terms, is engaged in cheating, or where applicable any other kind of illegal or inappropriate behaviour. The Organizer’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.
6.3 In the event that a winning participant for stage one and/or stage two is disqualified, the reward will be forfeited and a new winning participant will be selected in accordance with the Selection Process.
7. FAIR PLAY
7.1 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 Organizer, which You have a limited license to use for the sole purpose of this Promotion, contain copyrighted material not created by You, other than material that You have the necessary rights, consents and permissions to use, contain material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous and obtain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created. In the event this Promotion is run via one or more third party platform(s), You warrant and represent that Your entry does not infringe the Terms of the third party platform(s).
7.2 You hereby warrant and represent that You have personally performed and otherwise participated in the Promotion and to meet the eligibility criteria of these Terms associated with the Entry Materials (as defined below) or Your own creation of other materials such as user-generated content and that You have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation.
7.3 You represent and warrant that You have the express consent of any identifiable persons appearing in the Entry Materials to their likeness being used in the ways set out in these Terms, including Organizer’s right to use the entry and image for any future commercial purpose without restrictions. Upon request, You will obtain written consent of any such persons for Organizer. If any person appearing in the Entry Materials 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 Materials must not contain any personally identifiable information of any person.
7.4 In case of an infringement of Section 7, You shall defend and indemnify Organizer against claims of infringement based on intellectual property rights.
8. GRANT OF RIGHTS
8.1 You may submit the material, where applicable, to the Organizer in connection with the Promotion (collectively, “Entry Materials”). Organizer may ask You to also create User Generated Content, e.g. in form of a video diary or still images leading up to the Global Final or Organizer may film and photograph You before and during the Global Final in connection with the Promotion (collectively, “Additional Materials”). Entry Materials and Additional Materials may contain You, (or another's) voice, image, photograph, statements, biographical information, performances, name and likeness and other user-generated content and the Organizer or third parties as it may authorize from time to time will be entitled to use the Entry Materials and Additional Materials for any media related purpose (be it commercial, promotional or otherwise) in all media, in perpetuity.
8.2 As consideration for Your participation in this Promotion and the opportunity for You to win a reward, You will assign to the Organizer all rights as set forth in the applicable law and to Entry Materials and Additional Materials to the broadest extent possible; for the avoidance of doubt, the rights associated with Your project idea remain with You. FOR JAPAN: including, but not limited to, the rights set forth in Article 27 and 28 of the Japanese Copyright Law. To the extent that rights are not assignable, You grant to the Organizer a worldwide, unlimited, exclusive, royalty-free, transferable license to use the Entry Materials and Additional Materials for the purposes of this Promotion, including but not limited to the display on any and all Organizer and its affiliates’ websites, including social media websites. FOR ITALY: the licence mentioned in the prior sentence is limited to twenty-five years. The Organizer does not guarantee any confidentiality with respect to Entry Materials and Additional Materials. Subject to any license, You grant herein, any and all Entry Materials and Additional 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 Organizer. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your Entry Materials and Additional Materials, and the Organizer does not accept any responsibility for the same.
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 and Additional Materials (if delivered by You) or rights, services or facilities in connection with it.
8.4 To the extent permitted by applicable law, reward recipients may be requested to take part in promotional activity and the Organizer reserves the right to use the names and addresses of reward recipients, their photographs and audio and/or visual recordings of them in any promotional material to the extent each reward recipient agrees. The Organizer will seek the consent of the reward recipient, where required.
8.5 The Organizer is entitled to assign and/or sublicense all rights granted in this Section 8 to third parties, including but not limited to Promotion partners and/or sponsors, third-party media and platform partners, or to affiliates of the Organizer and to enable them to transfer or sublicense these rights.
9. COLLECTION OF INFORMATION AND DATA PRIVACY
9.6 FOR RUSSIA: The fact of participation by the Participant in the Promotion means a voluntary and conscious consent of the Participant to the processing of his/her personal data (including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data) by the Organizer that ensure the confidentiality of personal data in accordance with Federal Law No. 152-FZ "On Personal Data".
Please note that there are different Organizers of stages one and two of the Promotion. The Participant's personal data will be used for the purpose of administering the promotion, communicating with the Winner for rewarding (e.g. ordering tickets or transferring) and after the promotion providing the Participant with information about Red Bull’s products, events and other activities.
By participating in the Promotion, the Participant permits the Organizer to take advertising interviews for radio, television and the Internet, as well as for other media, and distribute them or make films, video, audio recording of the Participant for the production of any advertising materials, publication and further use of the Participant's image without paying any remuneration for it. This consent is given by the Participant for the duration of the Promotion and 5 years after the Promotion ends and can be withdrawn by the Participant by written notification sent to the Organizer. The Organizer deletes all personal data of the Participants after 5 years from the date of receipt of their personal data.
The Participant of the Promotion also has the right to obtain information about the processing his/her personal data by contacting the Organizer. In accordance with applicable law, you have the right to request changes to your Personal Data and / or their deletion. If the Promotion Participant withdraws his consent to the processing of personal data at the time of the Promotion, he/she automatically ceases to participate in the Promotion, and also loses his right to receive the Reward if he was declared the Winner.
The Organizer has the right, within the framework of the Promotion, to send you messages using electronic communications, social networks and telephone communications.
10. LIABILITY AND WARRANTY
10.1 Insofar as is permitted by law, the Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the reward recipient or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Promotion including all matters in connection with receipt of the reward, as well as taking up the reward. Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Your statutory rights are not affected FOR AUSTRALIA: (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010); FOR CHILE: (including the Consumer Guarantees under Consumer Rights’ Protection Law – Law n. 19.496). FOR FRANCE: In case the reward is a good or service offered by a third party, the responsible or liable company in case of direct damages is the entity providing the service or good. Under any circumstances, the Organizer shall not be held responsible for damage caused by a third party.
10.2 Insofar as is permitted by law, Organizer 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 Organizer’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 Insofar as is permitted by law, Organizer and the Red Bull Group shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, inaccurate, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; reward 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 Organizer is not responsible if You are unable to participate in the Promotion for any reason.
10.5 The Organizer 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 Organizer and the Red Bull Group be responsible or liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by, directly or indirectly, circumstances or forces beyond its reasonable control, including but not limited to epidemic or pandemic or any other large scale or wide spread illness, 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). 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.
10.8 The Organizer excludes any responsibility and/or liability in case the participation/the award of a reward 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 and construed in accordance with the laws of Austria, and the parties submit to the non-exclusive jurisdiction of the courts of Vienna. FOR JAPAN: These Terms shall be governed by and construed in accordance with the laws of Japan and the parties submit to the non-exclusive jurisdiction of the Tokyo District Court. FOR RUSSIA: These Terms shall be governed by and construed in accordance with the laws of the Russian Federation (for stage one). All disputes arising out of or in connection with these Terms should firstly be tried to be settled amicably. If not, the disputes shall be settled by the courts competent in accordance with the applicable legislation. FOR UNITED KINGDOM: These Terms shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the non-exclusive jurisdiction of the courts of England.
11.3 The latest version of the Terms will be available on the Organizer’s website.
11.4 For general questions arising out of these Terms and/or related to this Promotion, please contact email@example.com.
11.5 FOR CHILE: these terms and conditions are filed before the Notary of Santiago.