TERMS AND CONDITIONS
PROJECT "RED BULL DOODLE ART"
NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE'S PROPERTY.
This Promotion is run by Red Bull GmbH ("Sponsor" or "Red Bull") whose registered office is located at Am Brunnen 1, 5330, Fuschl am See, Austria, as well as its affiliated companies.
This Promotion is free of charge and is only subject to the present Terms & Conditions and to all applicable international, federal, state, provincial, local and regional laws and regulations.
For general questions arising out of these Terms & Conditions and/or related to this Promotion, please contact firstname.lastname@example.org.
By entering and participating in this Promotion, you agree to be bound by these Terms & Conditions 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 confirm 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 participation.
1.3 Persons under the age of 18 are not allowed to participate to this Promotion or transmit or otherwise submit personal information to Red Bull.
1.4 You are not allowed to participate if your residence is outside Austria, Azerbaijan, Bahrain, Bosnia & Herzegovina, Brazil, Canada, Chile, Egypt, France, Germany, Greece, India, Indonesia, Italy, Japan, Kazakhstan, Latvia, Lebanon, Maldives, Mexico, Netherlands, New Zealand, Norway, Oman, Pakistan, Philippines, Poland, Portugal, Russia, Serbia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Taiwan, Thailand, United Arab Emirates, Ukraine, United Kingdom, United States Of America. 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. Your residence is defined as the country you are living in during the time of application.
1.5 The same eligibility stated in 1.4 also applies for the Wildcard Entry. For more details about the Wildcard Entry please refer to section 3.7.
1.6 Red Bull is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Red Bull is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
1.7 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.
1.8 Multiple entries per person are allowed. Further, only natural persons and non-entrepreneurs are allowed to participate.
1.9 Participants must be a student enrolled at and attending an university degree.
1.10 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 or unreadable e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
2. PROMOTION PERIOD
2.1 This Promotion starts and ends on a different date depending on each country (details can be found on www.redbulldoodleart.com).
2.2 Please note that during Competition, the Sponsor will provide further instructions on the registration/submission procedure on www.redbulldoodleart.com ("Website") and/or individually per email. Entries that will not conform to the announced timelines and such instructions will not be considered and will have no entitlement whatsoever pursuant to the Terms and Conditions. There will be the following different phases during the competition, whereby the exact dates and duration of such phases will vary depending on the country (more information can be found on the Website):
2.2.1 The Registration & Artwork Submission Phase as described under section 3 below.
2.2.2 The Selection Phase as described under section 4 below.
2.2.3 The Global Exhibition Phase as described under section 5 below.
Those competition phases are subject to changes by Sponsor and the Sponsor will announce such changes on www.redbulldoodleart.com ("Website") and/or individually per email.
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. RULES OF THE GAME AND OF PARTICIPATION
3.1 This Competition is conceived as a collection of individual artworks done by "doodling", whereby Participants will upload one file drawn with pen or pencil and paper containing their artwork onto the Website.
3.2 If you are eligible for participation pursuant to Section 1. above, you will be able to register at www.redbulldoodleart.com during the Registration Phase & Artwork Submission Phase. You will first have to choose your country of residence [See 1.4] (afterwards, you can still change the language). You will then need to register with the following details: first and last name, e-mail, university, gender and age. More information in regards to the registration can be found at www.redbulldoodleart.com.
3.3 During the registration, you will need to download the Doodle Art template to create your artwork within such template. A similar template may also be distributed on university campus and can also be used to create the artwork, which will then have to be uploaded on www.redbulldoodleart.com pursuant to the instructions on the distributed templates. Otherwise, the same registration process on the Website applies.
3.4 In some cases participants may apply by submitting a doodle with registration information through a submission box at an on campus activation. In this case a Red Bull representative will register on behalf of the entrant. It is the participant's responsibility that the information provided on the paper flyer is both correct and legible. It is possible that at some campus activations there will be a computer available for participants to upload and register directly at the activation.
3.5 When you create your artwork you will be required to upload it to the Website within Registration and Artwork Submission Phase timeline. Artworks submitted outside this time will not be accepted and once your artwork is submitted, you will not be able to separately download it/modify it whatsoever.
3.6 Some of the data mentioned in sections 3.2 - 3.5, including the artwork, participant first and last name, country and university will be made available publically to other participants and may be published via social media platforms like Facebook, Instagram, Twitter and Snapchat.
3.7 To enter Red Bull Doodle Art via the "Wildcard entry", participants must send a doodle drawn on their mobile phone using only the features within the social platform Snapchat to the official Red Bull Snapchat account (@redbull). Anyone may apply for the Wildcard Entry as long as they meet other terms outlined in Section 1. Only submissions to the official Red Bull Snapchat handle will be accepted for one day only, on the 2nd of May 2017. The winner of the Wildcard Entry will be decided solely by a panel of judges chosen by Red Bull, and announced via the official Red Bull Snapchat account on 5th May 2017. Please note that the winner of the Wildcard Entry will not be eligible to win the Global Prize (see 6. Prizes). This Wildcard Entry is in no way associated with Snap Inc. Please refer to Snap's Terms and Conditions for usage of the application: https://www.snap.com/en-US/terms/
3.8 Only by following the described procedure will Entrant enter the competitive phase ("Competition") of the Promotion.
4. THE SELECTION PROCESS
4.1 Once the Registration and Artwork Submission Phase is over, Red Bull will use a combination of a panel of judges ("The Jury") and social votes ("Social Voting") to determine the winner in each participating country ("National Winner"). Social Voting will solely determine the top Entrants ("National Finalists") for each of the participating countries. The number of National Finalists may vary from country to country. The Jury will then select each National Winner based on the following categories per country: creativity, artistic skills & overall style.
The selected National Winners will then be able to take part in the Global Exhibition Phase described on section 5. The National Finalists, except for the National Winners, will not receive any prize or award.
Social Voting is determined as the number of votes on the doodle artwork on the official Red Bull Doodle Art website only. Any likes, shares or other social media interactions do not contribute to the ‘social vote'. In order to vote, verification with a Facebook account or Twitter account is necessary. You may only vote on each doodle once every 24 hours, however you are not limited to how many doodles you can vote on.
Red Bull reserves the right to change how many entrants will be determined by social votes that will be considered for the final (National Finalists) by the jury at any moment without previous notice. This number may vary country by country. A maximum of two entries by the same entrant will be allowed as National Finalists. In case three or more entries from the same entrant is within the National Finalists, the Sponsor reserves the right to exclude the least voted entries.
4.2 National Winners will be contacted via e-mail to be notified that they have won the prize. The results, including each National Finalist's first and last name, country, university and artwork provided during the registration, will also be displayed on the Website www.redbulldoodleart.com.
4.3 In the event of a draw, the National Winner will be selected based on the sole discretion of the panel of judges in its entirety.
4.4 In addition to being published on the Sponsor's websites (including websites of the Sponsor's cooperation partners) and/or social media platforms, the artwork provided by the Participant might also be shown during specific exhibitions in art galleries all around the world. The publication will be entirely at the discretion of the Sponsor.
4.5 The Participant has no right to have his/her artwork published whatsoever. The Sponsor reserves the right to disqualify Participants and/or remove their artwork from its website as it sees fit, in particular if the quality of the artwork does not conform to the Sponsors standards.
There are no additional fees or royalties of any kind awarded in the framework of this Promotion, except for those explicitly stated in these Terms. The possibility of publication of the artwork is entirely up to Sponsor.
4.6 Red Bull undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
4.7 The project will be run at the Sponsors sole discretion. The Sponsor's decision in relation to all matters in connection with the project if final, and no correspondence will be entered into.
4.8 The contact details you provide with your Competition entry will be used to notify you of any prizes; please ensure they are correct. Red Bull reserves the right to choose another National Winner in case of no answer for 7 days.
4.9 Red Bull also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.10 Late, illegible, incomplete, defaced or corrupt entries will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.
4.11 If you are disqualified, Red Bull is under no obligation to publish this fact.
5. THE GLOBAL EXHIBITON PHASE
5.1 During the Global Exhibition Phase, all of the National Winners and the Wildcard Entry winner will be invited to attend the Global Gallery Exhibition (see also section 6.). This will be a trip of 5 days, including a workshop on 3D painting, using the Tilt Brush by Google on a HTC Vive hardware, as well as an equal time of coaching, practice and production for their final artwork, which will be using the same software and hardware described for the workshop. All of the content created by the winners will act as their final artwork and may be displayed at Sponsors sole discretion in a virtual reality global exhibition, which is an application within HTC Vive that will display the artworks in a digital world.
The Global Gallery Exhibition location & date will be revealed by the Sponsor on 1st of June 2017, on the official event website (redbulldoodleart.com). At this Global Exhibition, this Virtual Reality world will be put on display in a public gallery and may (but not necessarily) contain all of the winners artworks.
5.2 Red Bull will not be liable in case the Global Gallery Exhibition is cancelled or postponed. However, in such a case, Red Bull will make its best efforts to publish the National Winners' artworks at another exhibition of similar scope.
5.3 At the Global Exhibition, a different international panel of judges ("Global Jury") will select an overall winner ("Global Winner") based on creativity and overall style.
5.4 All of the final art creations may be published on the Sponsor's websites (including websites of the Sponsor's cooperation partners) and/or social media platforms. These artworks provided by the finalists might also be shown during specific exhibitions in art galleries all around the world. The publication will be entirely at the discretion of the Sponsor.
5.5 The finalists has no right to have his/her final artwork published whatsoever. The Sponsor reserves the right to disqualify finalists and/or remove their artwork from its website as it sees fit, in particular if the quality of the artwork does not conform to the Sponsors standards.
There are no additional fees or royalties of any kind awarded in the framework of this Promotion, except for those explicitly stated in these Terms. The possibility of publication of the artwork is entirely up to Sponsor.
6. THE PRIZES
6.1.1 All of the National Winners and the Wildcard Winner will be awarded one prize consisting of two way transportation from each Entrant's place of residence (or from a nearby location to be designated by the Organizer) to the Global Gallery Exhibition, and back to their respective initial location. This also includes accommodation and scheduled meals during the stay, which will last 5 days, depending on availability of flights. The accommodation will be at the sole determination of the Organizer and includes four-star hotels or above. The total value of the National Prize will depend on the place of residence of the National Winner and Wildcard Winner. The total value of each National Prize will not exceed EUR 3.500 (before tax) per person. There will be no additional prize awarded for the National Finalists.
6.2 Each winner and Guardian, if any required, must travel together on the same itinerary. All travel arrangements must be made through Sponsor's agent. Any other costs and expenses associated with prize acceptance and use not specifically provided herein (such as security fees, gratuities, luggage fees, snacks, drinks, and transportation, and incidental charges) are the responsibility of the participating winners and guardians and not Sponsor. Ground transportation may be provided in lieu of air transportation if winner resides within a 300 km radius of destination, and no compensation or substitution will be provided for difference in value. 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 (if necessary) and spending money are the specific responsibility of the prize winner. Each winner must possess and show valid travel documents, prior to departure (e.g. valid driver's license, 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 tickets have been ticketed, no changes by finalist will be permitted. Sponsor will determine airline, airports, flight itinerary, meal date/time and food and drink selection, and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers.
6.3 Red Bull reserves the right to replace any or all prizes with prizes 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 Please that the "Wildcard Entry" winner will not be eligible to win the Global Prize. The Global Prize will only applicable for participants that qualified as a National Winner.
6.8 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 will have forfeited the prize and Red Bull reserves the right to determine an alternate winner.
6.9 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 & Conditions from time to time and such changes will be available on www.redbulldoodleart.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, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 8 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded alternatively.
8. FAIR PLAY
8.1 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 3. and 4 of these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation. By entering this Promotion, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
8.2 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; has strong political or religious connotations.
- contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
- For Snapchat Wild Card entry, infringe the Terms of SnapChat: https://www.snap.com/en-US/terms/
8.3 During the Social Voting phase you hereby warrant not to engage with any types of prohibited or non-human aids. This includes the use of automatic robots, scripts, services, fake Facebook or Twitter accounts, paid advertising (including paid promotions on social media) or other forms of inorganic manipulations. Any votes derived from these aids, will not be considered in the final vote count and can be removed at any time at solely Sponsors discretion.
8.4 In case of an infringement of sections 8.1 and/or 8.2 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
9. GRANT OF RIGHTS
9.1 The following subsection applies to all submitted Entry Materials except for the artwork created by the Entrant:
The Entrant hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any Promotion, including your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, "Entry Materials") under current and future law to the broadest extent possible according to applicable law. To the extent that rights are not assignable, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice to the Entrant. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant. Entrant waives any and all moral rights (sometimes referred to as "droit moral" or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licenses in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, the Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. The Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
9.2 Regarding the artwork produced by the Entrant within the scope of this Promotion (the "Artwork"), the Entrant will retain all applicable ownership and intellectual property rights. The Entrant will, however, grant to Red Bull an unlimited (in terms of time and territory), non-exclusive license with regard to his Artwork for the purposes of this Promotion, including but not limited to the display on any and all Red Bull websites, including social media websites, as well as websites from cooperation partners, and the display at exhibitions and galleries all over the world at the sole discretion of Red Bull. No fees or royalties will be due for this license, except for those specifically mentioned in the present Terms. 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 Artwork 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 Artwork 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.
9.3 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.
9.4 The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
9.5 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.
9.6 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.
10. COLLECTION OF INFORMATION & DATA PROTECTION
10.1 In the following, the term "Personal Data" describes all data relating to You, such as your full name, contact details, age, gender, university, promotion responses and photographs. Sponsor is the controller of your Personal Data provided during the Promotion and reserves the rights to use and publish data pursuant to these Terms.
10.2 You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date. 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.
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. Your Personal Data will be used for the following purposes:
- to facilitate the Promotion, e.g. to run the Promotion and contact prize winners to award a prize;
- to combine the information we receive from promotions with information from other sources, such as information You have previously given to us; information we have automatically collected about You (e.g. through cookies); and information we have received from other sources (e.g. social media). We may use this information and the combined information for learning more about your preferences as our customer, for enhancing your user experience on our websites and for providing You with information, content and offerings tailored to your needs.
- To publish your artwork according to clause 3.6.
10.4 In cases in which Sponsor transmits Personal Data to an outside data processor in connection with the Promotion, Sponsor will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms.
10.5 Since Sponsor operates globally, this may mean Sponsor could transfer your Personal Data to other countries which may not provide the same level of data protection as your jurisdiction (e.g. where no adequate data protection level can be granted compared to the data protection level in the European Union). If such transfer happens, Sponsor ensures that it takes place in compliance with contractual or other measures to protect the information. By submitting information to us, You agree to the storing, processing and/or transfer of data within, to or from other countries, including countries outside of the European Economic Area, or your local country.
10.6 Sponsor, its affiliated companies and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
10.7 Sponsor does not knowingly collect Personal Data from persons below the eligible entry age of the Promotion.
10.8 Sponsor and its service providers may contact You via electronic message, social media, phone or otherwise in relation to the Promotion.
10.9 You may, under local applicable law, have the right to request the amendment and/or the deletion of your Personal Data, or to withdraw your consent to the processing of your Personal Data.
10.10 At any time, You may also under local applicable law, have the right to access information about the Personal Data the Sponsor holds about You and object to its processing..
10.11 You can contact Sponsor with regard to privacy questions as follows:
In case the participant requires any modification in their personal data, we inform you of the possibility of exercising the rights of access, rectification, cancellation and opposition through sending an email to: email@example.com
10.12 No cooperation with Snapchat, Twitter, Facebook, Instagram or any social media provider whatsoever exists with regard to this Promotion. For questions of data usage by SnapChat, Twitter, Facebook or Instagram, please refer to:
- Snapchat: https://www.snap.com/en-US/terms/
- Twitter: https://twitter.com/tos?lang=en
- Facebook: https://www.facebook.com/terms
- Instagram: https://help.instagram.com/478745558852511
11. LIABILITY AND WARRANTY
11.1 Sponsor undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
11.2 Sponsor is liable in accordance with statutory law (a) for damages arising as result of an injury to life and/or health; (b) in case of intent; (c) in case of gross negligence if the Entrant is a consumer according to applicable consumer protection law; and/or (d) in case Sponsor is in breach of the requirements of statutory regulations on product liability (if applicable).
11.3 Without limiting the aforementioned, Sponsor is only liable for slight negligence in cases of a breach of a material contractual obligation hereunder. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases Sponsor shall not be liable for slight negligence.
11.4 Sponsor and the Red Bull Group exclude all liability to you for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by you in connection with your participation in the Promotion.
11.5 In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
11.6 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
11.8 These Terms and Conditions will be governed by the laws of Austria and any disputes will be subject to the exclusive jurisdiction of the courts of Vienna, Austria.