Rules, Terms and Conditions
TERMS OF PARTICIPATION
"RED BULL CAN YOU MAKE IT?"
This Promotion is run by Red Bull GmbH ("Sponsor", "Organizer" or "Red Bull") whose registered office is located at Am Brunnen 1, 5330 Fuschl am See, Austria, as well as its affiliated companies, with the help of the Sponsor's cooperation partners, agencies and service providers.
This Promotion is designed as a game of skill. It is entirely free of charge and is only subject to the present Terms of Participation and to all applicable international, federal, state, provincial, local and regional laws and regulations.
For general questions arising out of these Terms of Participation 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 of Participation and represent that you satisfy all of the eligibility requirements below.
1.1 In order to enter this Promotion and be eligible to win a prize, you represent and warrant that you ("Participant", "Entrant" or "you") satisfy the following eligibility criteria:
1.2 You acknowledge that you are 18 years of age or older at the time of application and that you are not considered a minor in the jurisdiction of your residence. 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. This solely lies within the responsibility of Entrant.
1.3 Persons under the age of 18 or minors are not allowed to participate in this Promotion or transmit or otherwise submit personal information to Red Bull.
1.4 You are not allowed to participate if your residence is outside the countries that are listed under Section 4.2 below. 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. Each member of a single team has to be resident of the same country as the other team members.
1.5 All team members must be currently attending university. If members of one team are attending different universities, you will need to choose and specify only one of those universities when registering (see Section 3. below).
1.6 Please note that the official language of this Promotion will be English and that all interactions with the Organizer, including the registration, instructions and challenges during the Main Event, will be in English language only.
1.7 All Entrants will require (and be responsible for the cost of obtaining) a valid passport and/or valid travel documents with at least 6 months validity at the end of the Promotion as well as any required visas. Participants in the Main Event will be required to take out travel insurance at their own expense.
1.8 You represent that you do not have any condition 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. It is also recommended that you consult your medical practitioner prior to participation.
1.9 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.
1.10 Only one entry per person and per team is allowed. Further, only natural persons participating in a personal capacity are allowed to participate.
1.11 To participate, Entrants must have a YouTube® account or a Vimeo® account that is open to the public (an account where anyone can subscribe to follow your videos). You are not eligible through Vimeo to participate if your Vimeo account is set to the special private option (where a user must approve all "follow" requests).
If you are not a registered user of YouTube or Vimeo, you can go to www.youtube.com to sign up for YouTube, and/or www.vimeo.com to sign up for Vimeo. Becoming a registered user of these services is free of charge.
1.12 The Participant is required to read and agree to the Code of Honor on www.redbullcanyoumakeit.com ("the Website") which is an integral part of these Terms of Participation and can be found below. Any infringement against the Code of Honor or these Terms may, in the sole discretion of the Organizer, lead to disqualification from the Promotion without any claim to refund whatsoever regarding the Entry Fee and/or other incurred costs.
CODE OF HONOR:
1) No use of money. You are not allowed to earn, accept or use any form of currency other than Red Bull.
2) No use of personal or borrowed mobile phones, computers, tablets or other devices except for the officially supplied event device.
3) Teams must use the officially supplied event device to upload photos, videos and other content along their journey and track their progress.
4) No pre-organized modes of travel (e.g. arranging a friend to drive you somewhere).
5) No severe sabotage of the other participating teams.
6) Act in accordance with the legal boundaries in each country you visit. If unsure, please contact Central Command for clarification.
7) No parting of the team at any time. All traveling and all Checkpoint challenges must be completed as a threesome.
8) Each team must visit a minimum of 6 Checkpoints.
9) If a team breaks one of these rules, it will be disqualified. The respective team will be responsible for its safe return back home.
1.13 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.
1.14 Red Bull undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
1.15 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.
If you are disqualified, Red Bull is under no obligation to publish this fact.
2. PROMOTION PERIOD
2.1 This Promotion starts on December 1, 2015, at 17:00 CET, and ends on April 20, 2016, at 15:00 CET.
2.2 There will be the following different phases within the Promotion Period:
2.2.1 The Registration Phase as described under Section 3 below, starting on December 1, 2015 at 17:00 CET, and ending on February 14, 2016 at 23:59 CET.
2.2.2 The Selection Phase as described under Section 4 below, starting on February 15, 2016, right after the Registration Phase, and ending on March 7, 2016 at 17:00 CET.
2.2.3 The Competition Phase as described under Section 5 below starting on April 12, 2016, at 12:00 CET, and ending on April 19, 2016 at 15:00 CET.
2.3 Entries received by Red Bull outside this Promotion Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
3. REGISTRATION PHASE
3.1 If you are eligible for participation pursuant to Section 1. above, you will be able to register yourself and your team online on www.redbullcanyoumakeit.com during the Registration Phase. All information provided during the registration must be in English language in order to be considered. Each participating team must consist of 3 team members. In order to successfully register, you will be required to enter with the following details with regard to each team member: first and last name, e-mail address, phone number and home address. In addition, the following team info will have to be provided: team country (where all 3 members are resident), name of the university that at least one member of the team is currently attending, team name, team avatar/photo, a description explaining the team personality and 3 application questions answered and provide an URL to your application video (why should your team be chosen to compete?) that you will have to upload via Youtube or Vimeo. More details with regard to the registration can be found at redbullcanyoumakeit.com.
Please note that the 165 winning teams will have the above details about them published online on redbullcanyoumakeit.com, except from their e-mail address phone number and home address.
3.2 The right to participate in the Promotion is personal and non-transferable.
4. SELECTION PHASE
4.1 Once the Registration Phase is over, Social Voting will determine the top 1397 teams. It will happen from the beginning of the Selection Phase until February 25, 2016 at 17:00 CET. From here Red Bull will use a panel of judges to select the 164 winning teams ("National Winners") out of the successful registrations as described above and considering the country quotas as described under Section 4.2 below. The selection of the National Winners will be based on the application description filled out and the application video provided during the Registration. The panel's decision will be based on creativity, "charm" of their application, energy and adventure factor. All decisions by the panel are final.
IMPORTANT: The Competition Phase will be featured on Red Bull TV through daily episodes. Several winning teams will be selected to be followed by the production and have their adventure featured on those episodes, based on their application details (videos, questions, etc.) mentioned in section 3.1. All applicants acknowledge that those teams may have a competitive advantage (social following) thanks to the exposure they will receive on Red Bull TV. All other winning teams might also be featured on Red Bull TV depending on the content they post along their journey.
The selected National Winners will then be able to take part in the Competition Phase, i.e. to compete in the Red Bull Can You Make It? Event ("Main Event"). These 164 winning teams will be announced at the end of the Selection Phase on March 7, 2016, pursuant to Section 5.13. below.
4.2 The selection of the National Winners will also be based on country quotas, depending on the team's specified country:
Bosnia and Herzegovina 1
Costa Rica 1
Czech Republic 5
Hong Kong 1
South Africa 1
South Korea 1
The Netherlands 5
United Arab Emirates 1
United Kingdom 10
United States 18
The Organizer reserves the right to modify this quota at any time. Changes will be published online on www.redbullcanyoumakeit.com.
4.3 In addition, there will be 1 wild card team from our official travel partner entering the competition: the Contiki Team. Entry for this wild card is open to all residents worldwide aged between eighteen (18) years of age and thirty-five (35) years of age at the time the winner is chosen. Applications for the Contiki Team begin on January 18, 2016 at 8:00 (GMT) close on February 21, 2016 at 23.59 (GMT) - as an exception from section 2.2.1. Find the rules and details to apply on: http://www.contiki.com/wildcard.
Three individuals will be chosen by Contiki Travels to create the Contiki Team and will directly be part of the winning teams without taking part in the Selection Phase. However the team will have to comply with all requirements of these Terms & Conditions to be eligible, with the exception of sections 1.4 and 1.5. This wildcard team will be announced online together with the other 164 winning teams at the end of the Selection Phase, making 165 teams entering the competition in total. As this team will have the competitive advantage of being featured on Contiki Travels platforms, they cannot win the Promotion.
4.4 The prize for the National Winners, beside the opportunity to take part in the Main Event, will be transport from and to each member's place of residence (or from a nearby location to be designated by the Organizer) to their designated starting point of the Main Event on April 11, 2016, as well as accommodation and food for the evening of April 11, 2016 at the designated Starting Point and accommodation and food for the evening of April 19, 2016 in the Finish Line location. The National Prize is outlined in more detail under Section 6 below.
Only by following the described procedure will Entrant enter the competition phase ("Competition") of the Promotion.
5. COMPETITION PHASE (MAIN EVENT)
5.1 From the event week (April 12-19, 2016), where these 165 winning teams will participate in the event, Red Bull will determine a First Place and Second Place through the scoring system as stipulated in Section 5.8.
5.2 The Competition in a nutshell: During the Main Event, Teams have just seven days to travel hundreds of kilometres from the Starting Point to the Finish Line located in one major European city. Along the way, teams create their own path by visiting Checkpoints in different cities, posting photos and videos of the journey via the event mobile app, completing as many tasks of the Adventure List as possible using as many modes of transportation as needed and gathering support from followers back home. Winners will be determined based on the factors outlined under Section 5.8 below.
5.3 The Starting Points: Teams will begin from one of five Starting Points located in major European cities that will be assigned to them by the Organizer (the teams cannot choose their Starting Point). Each team will receive a Welcome Kit including a team mobile phone, a map, business cards for the Main Event, safety instructions, a backpack and, of course, a case of 24 cans of Red Bull. Competitors may only bring one extra backpack each (containing for example clothing, personal care items, umbrellas, ID etc.). Additional luggage and other belongings will be securely transported by the Sponsor to the Finish Line for pick-up at the end of the week. All teams will leave from their designated Starting Point at 12:00 CET on April 12, 2016, and have one week to make it to the Finish Line located in one major European city by 15:00 CET on April 19, 2016. In case a Participant does not show up in time for on-site check-in at the designated Starting Point, his/her entire team will have forfeited the right to participate and will have no right to claim a refund. The Organizer can decide to make an exception if a team is late due to reasons beyond their control (e.g. delayed flight).
IMPORTANT: Personal phones, smart watches, computers, tablets, GPS and other such devices as well as cash, credit/debit cards and all other forms of payment (altogether "Prohibited Items") will be sealed in tamper proof envelopes / containers to be provided by the Organizer. If the seal is broken during the week, the team is disqualified. The Organizer will have the right to control all backpacks and personal belongings of the Participants at the Starting Line in order screen out Prohibited Items. Participants who are unwilling to undergo such screening or who are attempting to use Prohibited Items during the Main Event will be disqualified along with their respective team.
5.4 The Checkpoints: Checkpoints will be located in different cities all throughout Europe. When a team arrives at a Checkpoint, they are rewarded with more cans of Red Bull for the journey. Each Checkpoint will have a Challenge that teams can complete to earn points towards their score. Challenges will test the teams' body and mind (including physical activities, puzzles, problem solving) and will vary in difficulty, requiring strategy, creativity and speed. They may only attempt each Checkpoint Challenge once. If they fail, they are not rewarded with any points for that Checkpoint. Teams will be required to visit at least six (6) Checkpoints on their way to the Finish Line in order to successfully complete the Main Event.
5.5 The Adventure List: Teams can earn additional points on their journey by completing items on the Adventure List. A mix between a scavenger hunt and a bucket list, these are fun, engaging activities teams can complete at any time. But in order to receive credit for completion, they must prove it through photo or video. The more points at stake, the harder it is to complete.
5.6 Using Red Bull Cans as currency: Each team begins the journey with one case of 24 cans of Red Bull. Teams will have to rely on their bartering skills (and charm) to trade cans of Red Bull for everything they need on the journey — food, a place to sleep, transportation to the next location and for other needs that come up along the journey. Cash, credit cards, Bitcoins and other forms of payment aren't allowed and such items will be sealed in tamper proof containers, as specified under Section 5.3. above.
5.7 The destination: The Finish Line is the final stop on the Red Bull Can You Make It? adventure. It will be located in a major European city and will be disclosed early 2016 and before the Event Phase. Teams need to complete their journey by 15:00 CET on April 19, 2016 in order to be ranked. If teams successfully make it to the Finish Line (pursuant to rules laid out in this Section 5.) earlier than April 19 the Organizer reserves the right to provide them with accommodation at its sole discretion. However, no accommodation whatsoever will be provided to Participants unsuccessfully finishing the Main Event (e.g. being disqualified due to cheating or opening their sealed envelopes or forfeiting the competition). In the case of an emergency or if a team decides that they cannot participate any further, the Organizer will arrange transportation to their place of origin without charge.
5.8 The Scoring system: The "Overall Winner" will be selected based on their score in 3 different categories (Social category, Checkpoint category and Adventure category). Teams will be competing for points, which will determine their rank in each of these categories. Each ranking is associated with one score and the sum up of the three scores will be the final result for the teams.
- Social Points -> Rank -> Score 1
- Checkpoints Points -> Rank -> Score 2
- Adventure Points -> Rank -> Score 3
The teams final result will be consisted of the sum up of their scores in all three categories: Score 1 + Score 2 + Score 3 = Final result. If there is a tie, team with higher ranking in Social is the winner.
- Checkpoints Challenges completed
--- Teams will get different number of points for each Checkpoint Challenge successfully completed.
- Social support strength of the team
--- Teams will be awarded points based on the social shares and likes which will be aggregated on redbullcanyoumakeit.com
- Number of tasks completed from the adventure list
---Teams will get different number of points for each Adventure challenge they complete, Adventure challenges have different points related to their difficulty. These points will be awarded with ‘proof' of completion of the task either through photo or video.
Exact scoring system will be shared with the participants during the detailed briefing on April 11, 2016. Red Bull will also determine the 2nd placed winner.
5.9 Mobile phone: All teams that will participate in the Main Event will be provided with a mobile phone that will be preprogrammed with the event application as well as a direct emergency number to the Central Command. All outgoing or incoming connections (data, websites, texts, calls, etc.) are forbidden and may be blocked, except a direct number to the Central Command and the Organizer and except for the web app connections within the limits of the application. Participants understand and agree that all the data created or going through the use of the phone can be used by the Organizer, according to sections 9 and 10. More information regarding the functions of the provided mobile phone will be provided by the Organizer at the Starting Line of the Main Event. The mobile phone will have to be handed back to the designated Red Bull Staff at the end of the Main Event and remains the property of Red Bull and its cooperation partners at all times.
5.10 Central Command of the Main Event is an office set up by the Organizer that will run 24 hours for the 7 days during the event week. It will be the primary controlling center of the Main Event and the contact point of the Participants in case of emergency or questions. Central Command will also track the progress of each team.
5.11 Items to be brought along: All team members will have to place their personal devices such
as mobile phones along with money and credit cards in a sealed envelope / in a tamper proof container to take with them on their journey. In the event of an emergency or if a team decides that they cannot make it to the finish they can open the sealed envelope. In order to be eligible to win the Main Event, the entire Team must arrive at the Finish Line without transportation organized by Central Command and with the original seal of the envelope / container still intact. Any suspected cheating or tampering will lead to the entire team's disqualification.
5.12 Items that remain with the Organizer: Other personal belongings of the Participants that have not been sealed in tamper proof containers pursuant to Section 5.11. and that are not transported in a backpack can be handed over to Red Bull Staff once the Participants reach their designated Starting Point. A protocol will have to be signed by the Participants documenting the handed-over belongings. Such belongings will then be transported from the respective Starting Point to the Finish Line at the cost of Red Bull. Containers and bags should be handed over in a sealed state; no grievance will be accepted with regard to loss or damage of their content. No valuable items should be handed over, as neither Red Bull nor its cooperation partners can be made liable for any loss or damage with regard to such items. In order to retrieve their belongings at the Finish Line, Participants will be required to show identification and to confirm that their items have been retrieved by re-signing the protocol. No grievance whatsoever will be possible once such signature has been given.
5.13 Red Bull will notify the winning participants of the results of the competition as soon as the winners have been determined by e-mail or phone and additionally, Red Bull reserves the rights to publish data pursuant to Section 3.1. online. Please refer to Section 6.7. regarding more details concerning notifications by the Sponsor.
5.14 The contact details you provide with your Competition entry will be used to notify you of any prizes; please make sure they are correct.
6. THE PRIZES
6.1 The National Winners will each be awarded one National Prize (in total four hundred and ninety five National Prizes; one National Prize for each of the three winning team members of the 165 winning teams) consisting of a two-way transportation (to be determined by Red Bull based on the distance) from each member's place of residence (or from a nearby location to be designated by the Organizer) to one of the five designated Starting Points (located in major European cities) arriving on April 11, 2016, and back to their respective initial location departing on April 20, 2016, from the Finish Line. This also includes accommodation and food for the evening of April 11, 2016, at the designated Starting Point and for the evening of April 19, 2016, at the destination. The accommodation will be at the sole determination of the Organizer and can include starred hotels or hostels. The total value of the National Prize will depend on the place of residence of each winning team member, on the location of the designated Starting Point and on the costs at the moment of booking. The total value of each National Prize will not exceed EUR 2.500 (before tax) per person.
The Overall Winners will each be awarded one Overall Prize (in total three Overall Prizes; one Overall Prize for each of the three winning team members of the one winning team) consisting of an ultimate European Summer adventure. The Overall Winners will be invited to be Contiki Travel Ambassadors for a summer meaning they will travel across Europe, experiencing the best adventures possible – from local attractions to amazing Red Bull experiences - in many countries along their way. As Contiki Travel Ambassadors, they will be documenting their adventure for the world to see on Contiki platforms. The Overall Prize will include two-way transportation (to be determined by the Organizer based on the distance) from each member's place of residence (or from a nearby location to be designated by the Organizer) to a European country where they will start their journey. This also includes accommodation, transportation from one place to another during the trip as well as a selection of touristic attractions and access to Red Bull events but daily expenses will not be included, however some meals will be included at the discretion of Contiki. The total value of the Overall Prize will depend on the place of residence of each winning team member, the duration of the trip and on the costs at the moment of booking. The three Overall Winners will be required to attend the same itinerary, including the starting and end point, and share the same hotel room at the discretion of the Organizer. The total value of the Overall Prize will not exceed EUR 8.500 (before tax) per person.
Second Place will be awarded two-way transportation (to be determined by Red Bull based on the distance) from each member's place of residence (or from a nearby location to be designated by the Organizer) to any Red Bull event of their choice in their country of residence. This also includes accommodation for two nights in a four star hotel. The total value of the Overall Prize will depend on the place of residence of each team member, on the location of the chosen event and on the costs at the moment of booking. The three second place Winners will be required to attend the same itinerary, including the starting and end point, and share the same hotel room at the discretion of the Organizer. The total value of the second place prize will not exceed EUR 1.000 (before tax) per person.
Red Bull reserves the right to award other, additional prizes.
6.2 All travel arrangements for the prizes detailed in Section 6.1 must be made through the Organizer's agent together with the Red Bull Group. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, meals and additional transportation, and incidental charges) are the responsibility of the prize winners. Prize winners will also require (and be responsible for the cost of obtaining) a valid passport with at least 6 months validity and any required visas. Travel insurance and spending money are the specific responsibility of the prize winner. Prize winners must possess and show valid travel documents, prior to departure (e.g. passport, ID, or other acceptable government-issued identification). Each prize winner must sign a Release of Liability/Publicity and any other documents provided to the entrant prior to the event start and/or travel. Once airline/train tickets have been ticketed, no changes by prize winners will be permitted. The Organizer will determine airline, airports, flight itinerary, and hotels 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.
6.3 The Organizer reserves the right to change the awards and/or replace any or all awards with awards of a similar value.
6.4 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 & Conditions.
6.5 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.
6.6 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
6.7 In case the winner does not claim his/her prize within a week of having been contacted per e-mail and/or phone, or in case the winner drops out after the Selection Phase he/she, including their respective team, will have forfeited the prize and Red Bull reserves the right to determine an alternate winner based on the next best application (National Winner) or on the next best score (Overall Winner).
6.8 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.
7. SPONSOR'S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
7.1 Sponsor reserves the right to change the Promotion rules and these Terms from time to time and such changes will be available on www.redbullcanyoumakeit.com.
7.2 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).
7.3 At any time during the Promotion, Organizer reserves the right in its sole discretion to disqualify and remove any Entrant (and thereby automatically the Entrant's entire team) for any failure to observe these Terms & Conditions or where applicable any other kind of illegal or inappropriate behavior, including but not limited to: his/her behavior during the Promotion or any related activities at any point is disruptive, may or does cause damage to person, property or the reputation of the Organizer; providing false information on the entry forms; for unsportsmanlike conduct or for general violations of the Code of Honor. In the event that a winning Entrant is disqualified, the prize and the right to participate will be forfeited and/or may be awarded to an alternate winner. No refund will be granted to any disqualified Participant for any reason. Individuals and teams disqualified from the Promotion will be removed from the official results.
8. FAIR PLAY
8.1 You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.
8.2 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under Sections 1 and 3 of these Terms associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms 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.
8.3 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.
8.4 You represent that you have the express consent of any identifiable persons appearing in the entry or video to their likeness being used in the ways set out in these Terms of Participation, including Sponsor's 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 Sponsor. If any person appearing in the entry or image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The entry and image must not contain any personally identifiable information of any person.
8.5 In case of an infringement of Sections 8.2., 8.3. and/or 8.4. above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
8.6 The entry or video must comply with all of YouTube's and Vimeo´s requirements and terms (www.youtube.com/t/terms?gl=US and www.vimeo.com/terms) regarding the use of their services.
9. GRANT OF RIGHTS
9.1 Entry Materials submitted during the Registration Phase
The Entrant hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and supporting parties any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with the Registration Phase (Section 3.), 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 Supporting Parties 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.
9.2 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.
9.3 The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
9.4 Sponsor including its affiliated companies and partners may be required to request you to enter into a separate license agreement permitting Sponsor to use the Entry Materials for reasonable promotional, administrative or other purposes beyond the reasonable expectation of the Entrant.
9.5 User Content uploaded by team members on the Website during the Competition Phase
We permit Users to display messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials ("User Content") through the Website during the Competition Phase. By uploading or posting Your User Content to the Website, you direct the Sponsor to store Your User Content on its servers. Subject to the rights and license You grant herein, that any and all User Content 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. The Sponsor does not guarantee any confidentiality with respect to User Content. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your User Content, and the Sponsor does not accept any responsibility for the same.
The Sponsor does not claim any ownership rights in the User Content, and you hereby expressly acknowledge and agree that Your User Content is your sole responsibility. You represent and warrant that You are the owner of all rights to the User Content and that the User Content does not: (i) include the sale of advertising, sponsorships or promotions; (ii) violate public policy; (iii) infringe third parties rights, e.g. copyrights, trademarks, patents, personality rights (name, image, likeness), location rights (especially inside), music rights or (iv) contain material that is defamatory or unlawful or will promote illegal or unlawful activities.
You represent and warrant that all necessary rights, permissions, consents and moral rights' waivers have been duly and effectively obtained from any participant, performer, presenter, contributor or other person involved in the User Content or rights, services or facilities in connection with it and that You are authorized to dispose over such rights at Your sole discretion and to the extent provided for herein.
Removal of User Content will automatically result in the deletion of the relevant files from Sponsor's systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your User Content is distributed to a Linked Service, Red Bull is not obligated to ensure the deletion of Your User Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Website or any Linked Service deletes any item of Your User Content.
9.6 Promotional activities: Winners may 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.
10. COLLECTION OF INFORMATION & DATA PROTECTION
10.1 In the following, the term "Personal Data" describes all data kept in connection with your name.
10.2 You hereby confirm that the Personal Data you enter in connection with the Promotion is accurate and up to date.
10.3 By accepting the Terms, you agree that 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.
10.4 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 Promotion, 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 Promotion. 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.
10.5 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 (EEA) and/or your country of residence in accordance with all relevant data protection regulations. By submitting information via the Event website, you agree to the storing, processing and/or transfer including outside of the European Economic Area.
10.6 Personal Data will only be used for purposes in connection with this Promotion 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 Promotion. This might include a period of time after the conclusion of the Promotion in order to distribute prizes or to fulfil tax related or any other legal queries.
10.7 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.
10.8 Red Bull does not knowingly collect information from persons below the age of 18 and/or minors.
10.9 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 it is known that it is not accurate.
10.10 Red Bull and its contractors may contact you via email, phone or otherwise in relation to the Promotion.
10.11 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.
10.12 At any time, you also have the right to request information about the Personal Data the Organizer is keeping.
10.13 You can contact Red Bull with regard to privacy questions as follows:
10.14 No cooperation with YouTube / Vimeo / Facebook or any social media provider whatsoever exists with regard to this Promotion. For questions of data usage by these platforms, please refer to www.youtube.com/t/terms?gl=US and www.vimeo.com/terms and www.facebook.com/legal/terms.
11. LIABILITY AND WARRANTY
11.1 USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THE PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE'S PROPERTY.
11.2 The Red Bull Group undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion Website 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 and/or participate in the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.
11.3 The Organizer also undertakes to ensure transparency with regard to a fair competition and will endeavor to ensure the safety and undisturbed execution of the Promotion with its service providers.
11.4 Delayed entries will not be accepted. No responsibility can be accepted for lost entries.
11.5 The Participant must in its sole responsibility determine his/her physical fitness with regard to their participation in the Promotion and the Organizer cannot be held liable for any medical condition of the Participant.
11.6 During the Main Event, it is entirely up to the Participant to choose the itinerary with their team. Although the Organizer will provide Checkpoints and support, it will not be liable for any contingency that might occur on the team's chosen itinerary.
11.7 In the course of the Promotion period, the Organizer reserves the right to introduce new functions, new challenges and to release new information with regard to the Promotion. Any and all information provided by the Organizer with regard to the tracks exclusively serves information purposes and has no binding effect on the Organizer whatsoever. Any claims in this regard are excluded.
11.8 The Red Bull Group is not responsible in case a Participant is not physically or mentally able to successfully perform any or all of the described tasks; there is no legal right to participate in the Promotion whatsoever. The Red Bull Group is not liable in case a Participant injures him-/herself while performing actions with regard to the Promotion.
11.9 You grant to the medical staff of the Main Event and its designees permission to administer or arrange for any medical assistance that they deem necessary or appropriate as a result of your participation in the Main Event, including without limitation, arranging transportation to a hospital or other medical facility. You also grant them access to your medical records and physicians, as well as other information, relating to medical care that may be administered to you at any such medical facility as a result of your participation in the Main Event.
11.10 Organizational measures are announced to the Participants by the Organizer before and during the Promotion. It is imperative to follow the instructions of the Organizer and by the appropriately identified Staff members / the Command Center. In case of noncompliance disturbing the proper course of the Promotion or jeopardizing the security of the Participants, the Organizer is authorized to ban and/or disqualify the person concerned from the Promotion at any time. Legally binding assertions against the Participants can be made exclusively by the group of persons authorized by the Organizer for this purpose. This group of persons also comprises the members of the medical services in charge of the competition who are entitled to prohibit a Participant from taking part or continuing participating in the Promotion in order to protect the Participant in case of respective medical symptoms.
11.11 You understand that your participation involves a degree of risk and you willingly assume all risks associated with such participation, including, but not limited to contact with other Participants, spectators or others, or vehicular or other traffic; the effects of the weather, including heat and/or humidity, wind, dangers associated with walking or running in the dark, cold temperature, and wet or icy surfaces; falling tree branches or other overhead objects; traffic; and the crowded nature and other conditions of the course, all such risks being known and appreciated by you. You confirm that neither the Organizer nor any of its related companies, Staff, or cooperation partners is to take responsibility in any way if you get injured (subject to Section 11.13 below). You are in possession of a valid personal liability insurance, a personal accident / medical insurance and a travel insurance that cover your participation. If you cause damage arising out of, connected with, or as a result of your participation in the Main Event, you will be fully responsible and you will make sure that the Organizer or any of its related companies will not incur any damage in this regard.
11.12 You agree to comply with the Organizer's rules of competition and safety for your own good and everybody else's. You have checked that your gear is in good working order, properly maintained and suitable for the Main Event and you are aware that you will only be allowed to take part after a positive on-site inspection and/or safety check. Your participation may at any time be refused by the Organizer or its Staff.
11.13 Organizer is only liable in accordance with statutory law for damages arising as result of an injury to life and/or health (a.) in case of intent, (b.) in case of gross negligence if the Entrant is a consumer according to applicable consumer protection law; and/or (c.) in case Organizer is in breach of the requirements of statutory regulations on product liability (if applicable).
11.14 Without limiting the aforementioned, Organizer 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 Organizer shall not be liable for slight negligence.
11.15 The Red Bull Group excludes 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.
11.16 Subject to local statutory law, no claims or refunds of any kind will be considered due to the cancellation of the Promotion. The Promotion and/or the Main Event may be cancelled or changed for any reason, including, without limitation, severe weather or other factors that threaten the safety of Participants, Staff, or volunteers. Cancellation or change of the date, nature, or format of the Promotion may be mandated by governmental officials or otherwise be at the discretion of the Organizer. The Organizer reserves the right to change the details of the Promotion, such as the date, start time, checkpoints, challenges, distance and/or amenities offered in connection with the Main Event.
11.17 In no event shall Organizer 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, 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.
11.18 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
11.19 All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms or the rights and obligations of Participants or Organizer in connection with the Promotion shall be governed and construed in accordance with the laws of Austria, and any disputes will be subject to the exclusive jurisdiction of the courts of Vienna, Austria.
11.20 These Terms of Participation will be governed by the laws of Austria and any disputes will be subject to the exclusive jurisdiction of the courts of Vienna, Austria.
Updated on: January 25, 2016