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 14 years of age or older at the time of participation, and, if under the age of 18 or under the age of majority for your jurisdiction, you are participating to this Promotion under the active supervision of a parent, legal guardian, or other responsible adult (altogether referred to as “Guardian” in the following) who has read and agreed to these Terms & Conditions on your behalf. Due to the fact that the participation is smartphone-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 14 are not allowed to participate to this Promotion or transmit or otherwise submit personal information to Red Bull.
1.4 Red Bull is not responsible in case a Participant is not physically or mentally able to perform any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Red Bull is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
1.5 Directors, officers and employees of Sponsor, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisors, third party service providers or advertising and promotional agencies involved with this Promotion, and immediate family members and those living in the same household of such persons (whether legally related or not) are not eligible to enter or win any prizes in this Promotion.
1.6 Several entries are allowed bit the 1st prize can only be won one in the first part of the competition. Further, only natural persons and non-entrepreneurs are allowed to participate.
1.7 Sponsor reserves the right to verify the email address provided to Sponsor by Entrant and to require proof of age, identity and/or other provided details at any time at its discretion. In the event of any dispute, entries containing an invalid e-mail address or incorrect data regarding the age or residence of the Entrant will be deemed ineligible.
2. PROMOTION PERIOD
2.1 All time and date specified within this Promotion Terms & Conditions operates under the Austrian GMT +2 time zone
2.2 Second phase: The promotion finals start on 9 p.m. (GMT +2) 15.10.2016 and ends on 2.00 a.m. (GMT +2) 17.10.2016.
First phase: The tournaments starts on 9.00 a.m. (GMT +2) 22.04.2016 and ends on 2.00 a.m. (GMT +2) 28.09.2016 online. Within this period 6 virtual Red Bull Air Race Events will take place. Each runs for 2 weeks. At the end of each virtual race 3 winners will be defined. Entries received by Red Bull outside this Promotion Period will not be considered for the second phase of the promotion.
Second phase: The promotion finals starts on 9 p.m. (GMT +2) 15.10.2015 and ends on 2.00 a.m. (GMT +2) 19.10.2015.
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 In phase 1, participants will have to download the mobile game app “Red Bull Air Race – The Game” which is available at no cost on both Apple App Store and Google Play Store on their iOS or Android devices. They have to launch the game on their devices and finish the onboarding in the game. Afterwards they can tab the tournament button. Now they are asked to select a country and confirm their collection. Once on the tournament selection screen, player taps start on the tournament banner Virtual World Championship. They must enter their email to be eligible for prizes (if player is already signed in with an Air Race account systems pre enters the email used in the Air Race account). The gamer is asked to accept Terms and Conditions that pops up after the email confirmation. Players have the ability to edit their email address in the social screen if they would like to use an email address that is different to the one used for the Air Race account. This is accessible from the landing page. Afterwards the promotion starts: Gamer chooses a plane, races (gameplay) and finishes race.
For phase 2, the winners of the six Virtual World Championship events will be contacted via email and asked if they would like to participate in the second phase. If they accept their personal data name, surname, address and age is required to assure they are allowed to compete in the second phase. They will be also asked to sign an Affidavit on-site.
3.2 The game play and therefore also the technical requirements differ in phase 1 and phase 2.
In phase 1, each virtual tournament has 4 flying rounds; Qualifying, Round of 14, Round of 8 and Final 4. Players will be seeded into different groups based on their round times. The14 fastest pilots of the Qualifying will be seeded in group T. Only those players will have the chance to win the tournament and be eligible for prizes.
The mobile device has to fulfil following minimum requirement to launch the game:
- - 1 GB RAM
- - 1 GB+ recommended
- - Minimum Android OS: 4.1 or newer
- - Minimum Screen Solution: 800x480
The second phase, the finals of the Virtual World Championships are played live and on-site at the RBAR in Las Vegas on an Iphone 6. The tournament has 5 flying rounds; Training, Qualifying, Round of 14, Round of 8 and Final 4 and are split across three days. The competitors will fly in the Las Vegas race track. Winners will be selected based on their round times. All 6 participants will participate from Qualifying to Round of 14. In the Round of 8 only 5 will participate and in the Final 4 only 4 gamer will compete. At the end of phase 2, 3 winners are assigned to the places 1 to 3 bases on their fastest lap. The finals will be shown live via the Red Bull Air Race webcast.
4. THE SELECTION PROCESS
In phase 1, winners will be selected based on their round times. Players first need to participate in the Qualifying where they are seeded into the groups T, A, B, C and D according to their fastest time. Only the 14 fastest players that qualified for group T, will have the chance to compete for the main prizes. Players have 10 days to participate in the Qualifying. After qualifications, players will participate in the competition rounds: Round of 14, Round of 8 and Final 4.
- - Round of 14: 14 participants, each fly one round, round time defines their ranking (1-14), fastest time is ranked 1st etc., players ranked 9-14 are out
- - Round of 8: 8 participants, each fly one round, round time defines their ranking (1-8), fastest time is ranked 1st etc., players ranked 5 - 8 are out
- - Final 4: 4 participants, each fly one round, round time defines their ranking (1-4), fastest time is ranked 1st etc., players ranked 1-3 are eligible for the prizes
In phase 2, the winners will be selected based on their round times. By competing in 5 flying rounds the players are assigned to the ranks 1-6.
- - Training: 6 competitors practice the Las Vegas race track, unlimited number of times, all go to the next round
- - Qualifying: 6 competitors, each fly two rounds, round time defines the starting order for the Round of 14 and all following rounds and therefore the ranks 1 to 6. All competitors go to the next round.
- - Round of 14: 6 participants fly, each one round, round time defines their ranking (1-6), fastest time is ranked 1st etc., the participant with the slowest time is out
- - Round of 8: 5 participants fly, each one round, round time defines their ranking (1-5), fastest time is ranked 1st etc., the participant with the slowest time is out
- - Final 4: 4 participants fly, each one round, round times defines their ranking (1-4), fastest competitor wins the Championship
4.1 In phase 1, the winners are selected as specified above after the end of each of the virtual event and the three winner who won a prize will be notified via email by the marketing department. The results will be available on the organiser’s official platform www.redbullairrace.comthegame as well as on the official Facebook page. Phase 2’s winners follow the event on-site and will be rewarded directly at afterwards. The results will also be available on the organiser’s official platform www.redbullairrace.com/thegame.
4.2 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.
4.3 Red Bull also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.4 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.
4.5 If you are disqualified, Red Bull is under no obligation to publish this fact.
4.6 If you are disqualified, Red Bull is under no obligation to publish this fact.
4.7The contact details you provide with your Competition entry will be used to notify you of any prizes; please make sure they are correct.
5. THE PRIZES
5.1 The prizes in the different tiers are explained below, again separated in phase 1 and phase 2. For the first phase, prizes are given to the three players that flew that fastest time are ranked amongst the 3 top players at the end of an event.
- - 1st place will be invited to the Red Bull Air Race World Championship finals in Las Vegas. The prize includes flights, hotel for 4 nights and transportation in Las Vegas from/to hotel - LVMS as well as access to the RBAR event and food at the event location. The prize also includes a welcome dinner and a welcome pack. The price does not include visas and travel insurance as well as food and beverages in the Hotel when the winner is not at the event location and not exceptionally mentioned.
- - 2nd place will be rewarded a Red Bull Air Race merchandise package consisting of a "Hooded Sweatjacket“ as well as a Cap and a Key Ring. Delivery cost will also be paid by RBAR.
- 3rd place will be rewarded a Red Bull Air Race merchandise package consisting of T-Shirt as well as a Cap and a Key Ring. Delivery cost will also be paid by RBAR.
Red Bull reserves the right to additionally award the Participant with the second/third etc. best result the.
- - 1st place: The 1st place will receive a G-Flight directly after the tournament or if not possible at another Red Bull Air Race event. He/She will also receive a trophy.
- - 2nd place: The 2nd place will receive a Soft Shell jacked form the RBAR merchandise range as well as a trophy.
- - 3rd place: The third place will receive a Hooded Sweatjacket“ form the RBAR merchandise range as well as a trophy.
5.2 In case a minor Entrant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian (for instance travels, the participation in a sport-related activity or any prize that involves a contractual relationship with Entrant), Red Bull is entitled to substitute such prize with another prize or to determine an alternate winner, in case no such approval is given. If the Guardian consents, but the acceptance/usage of the price entails own costs with regard to the Guardian (e.g. traveling expenses for accompanying the minor Entrant), Red Bull is also entitled to substitute the original prize with another prize or to determine an alternate winner. Neither Entrant nor the Guardian has any rights or claims regarding additional expenses in connection with the award of prizes.
5.3 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. Each winner must possess and show valid travel documents, prior to departure (e.g. valid driver’s license, or other acceptable government-issued identification). 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.
5.4 Red Bull reserves the right to replace any or all prizes with prizes of a similar value.
5.5 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.
5.6 To the extent permitted by applicable local law, all prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose). COUNTRY, STATE, LOCAL TAXES, INCLUDING VAT TAXES WHICH ARE ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
5.7 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
5.8 In case the winner does not claim his/her 15 days, he/she will have forfeited the prize and Red Bull reserves the right to determine an alternate winner based on the next best-ranked players in the leader board of the specific virtual event. The same will happen if the winner of the round already won a tournament in the first round since he cannot participate twice in the second round.
5.9 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.
6. SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY
6.1 Sponsor reserves the right to change the Promotion rules and these Terms & Conditions from time to time and such changes will be available on www.redbullairrace.com/thegame.
6.2 If in Sponsor’s opinion the Promotion is compromised by any event beyond Sponsor’s control, Sponsor reserves the right to modify, terminate, amend or extend the Promotion without responsibility and liability for any amount or kind of loss or damage that may result to you or any third party (whether direct or indirect).
6.3 At any time during the Promotion, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (including but not limited to, because Sponsor believes the Entrant engaged in cheating and in general for violations of the provisions set out under section 7 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded an alternate winner based on the next best ranked players in the leader board of the specific event or the live rankings in phase 2.
7. FAIR PLAY
7.1 You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.
7.2 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 3. and 4 of these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions and that you have not used any prohibited aids, such as automatic robots, scripts, services or other forms of manipulation.. By entering this Promotion, all Entrants warrant and represent that their entries are their own fully original creations, and their respective entries will not infringe or violate the rights of any third parties, including but not limited to copyrights, trademarks and/or rights of publicity/privacy.
7.3 You confirm and are responsible that your entry does not:
- - contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
- - contain brand names or trademarks, other than (i) those of Sponsor, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- - contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
- - contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- - contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.
7.4 In case of an infringement of sections 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.
8. GRANT OF RIGHTS
8.1 The Entrant hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any Promotion, including your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, "Entry Materials") under current and future law to the broadest extent possible according to applicable law. To the extent that rights are not assignable, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice to the Entrant. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant. Entrant waives any and all moral rights (sometimes referred to as “droid moral” or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licenses in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, the Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. The Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
8.2 Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
8.3 The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
8.4 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. COLLECTION OF INFORMATION & DATA PROTECTION
9.1 In the following, the term “Personal Data” describes all data kept in connection with your name.
9.2 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.
9.3 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.
9.4 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 in accordance with all relevant data protection regulations.
9.5 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.
9.6 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.
9.7 Red Bull does not knowingly collect information from persons below the age of 14.
9.8 Winners may be requested to take part in promotional activity 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.
9.9 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 we know that it is not accurate.
9.10 Red Bull and its contractors may contact you via email, phone or otherwise in relation to the Promotion.
9.11 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.
9.12 At any time, you also have the right to request information about the Personal Data we are keeping.
9.13 You can contact Red Bull with regard to privacy questions as follows: Email: email@example.com
10. LIABILITY AND WARRANTY
10.1 Sponsor is liable in accordance with statutory law (a) for damages arising as result of an injury to life and/or health; (b) in case of intent; (c) in case of gross negligence if the Entrant is a consumer according to applicable consumer protection law; and/or (d) in case Sponsor is in breach of the requirements of statutory regulations on product liability (if applicable).
10.2 Without limiting the aforementioned, Sponsor is only liable for slight negligence in cases of a breach of a material contractual obligation hereunder. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases Sponsor shall not be liable for slight negligence.
10.3 Sponsor and the Red Bull Group exclude all liability to you for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by you in connection with your participation in the Promotion.
10.4 In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services.
10.5 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
10.6 These Terms and Conditions will be governed by the laws of Austria and any disputes will be subject to the exclusive jurisdiction of the courts of Austria.