TERMS & CONDITIONS
NO PURCHASE NECESSARY. PURCHASE OF PRODUCT 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 NEW ZEALAND LTD (Company Number 1179756) ("Sponsor" or "Red Bull") whose registered office is located at 27 Mackelvie St, Grey Lynn, Auckland 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.
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 09 378 4581.
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, and, if under the age of 18, you are participating in 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. In such a case, a written approval from both the Entrant and the Guardian is mandatory. 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 18 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 New Zealand. Please note that Red Bull is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws.
1.5 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.
1.6 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.
1.7 Multiple entries per person are allowed. Further, only natural persons and nonentrepreneurs are allowed to participate.
1.8 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 This Promotion starts on 9th of July 2018 at 12:00am (NZ time) and ends on the 2nd of September 2018 at 11:59pm (NZ time) (“Promotion Period”). The Promotion consists of both daily prize draws and a grand prize draw, drawn at the end of the promotion.
2.2 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 To enter the Daily Prize Draws, please follow steps one to four below. To enter the Grand
Prize Draw, please follow steps one to five below:
3.2 There are five different tricks for Levi to land across five levels, which get harder as you progress through the Game. Each trick is controlled by a dial at the bottom-center of the screen which you have to balance by tapping the buttons on either side of the dial. When Levi is at the top of his jump, the game will go into slow motion and you will have to try and balance the dial for 7 seconds so Levi can complete the trick and successfully land. If he doesn’t land, you may attempt the level again. Each following level will have a smaller dial, going at a faster speed, making it harder to balance.
3.3 The selection process is by random draw for both the Daily Prize Draw and the Grand Prize Draw. Each winner will be determined by random selection. Only by following the described procedures (steps one to four to enter the Daily Prize Draws and steps one to five to enter the Grand Prize Draw) will Entrant be eligible to enter the Promotion.
3.4 If you choose to enter with your Facebook account, please note that Facebook membership, notifications, pages, applications and use of Facebook generally is subject to Facebook’s prevailing terms and conditions. The promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand that they are providing their information to the Sponsor and not to Facebook. Entrants are solely responsible and liable for any content or information they transmit to other internet users. Any questions, comments or complaints about the promotion must be directed to the Sponsor and not to Facebook.
4. THE SELECTION PROCESS
4.1 Entrants must land the tricks in all five levels of the Game successfully during the Promotion Period to be entered in the Daily Prize Draw. The game opens at 12:00am each day and closes at 11:59pm each day as per the start and end times of the promotional period. The winner is drawn at 9:00am Monday through to Friday. Two draws will be made on Monday for Saturday and Sunday. Entries from one day will not carry over to the next day and will be ineligible to win a daily prize on another day of the Promotion Period. If entrants want a chance to win the Grand Prize and be entered into the Grand Prize Draw, entrants must answer the Grand Prize Draw question correctly. Entrants can increase their chance of winning by multiple plays.
4.2 Winners of the Daily Prize Draws and the Grand Prize Draw will be notified by email from a Red Bull New Zealand representative by 5pm on the day of the draw.
4.3 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.
4.4 Red Bull also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
4.5 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.
4.6 If you are disqualified, Red Bull is under no obligation to publish this fact.
4.7 The 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 There are 149 prizes in total to be won across the promotion period. There will be a prize drawn daily and winners will receive the prizes that relate to the day of the week. During the Promotion Period, there will be a different prize for each day of the week for the Daily Prize Draws. A winner that is drawn on a Monday will receive Monday’s prize pack. The Grand Prize is drawn at the end of the campaign, and will be awarded to the first five winners drawn.
5.2 Prizes for the winners of the Daily Prize Draw (“Daily Prizes”) are as specified below:
18.104.22.168 Monday 9th July, Monday 16th July, Monday 23rd July, Monday 30th July, Monday 6th August, Monday 13th August, Monday 20th August, Monday 27th August: winners receive 1 Levi Sherwood 473ml Can and 1 Levi Sherwood Hat;
22.214.171.124 Tuesday 10th July, Tuesday 17th July, Tuesday 24th July, Tuesday 31st July, Tuesday 7th August, Tuesday 14th August, Tuesday 21st August, Tuesday 28th August: winner receive 1 Levi Sherwood 473ml Can and 1 Alpine Star Jersey;
126.96.36.199 Wednesday 11th July, Wednesday 18th July, Wednesday 25th July, Wednesday 1st August, Wednesday 8th August, Wednesday 15th August, Wednesday 22nd August, 4 Wednesday 29th August: winners receive 1 Levi Sherwood 473ml Can, 1 Alpine Star Defender Backpack and 1 Levi Sherwood Hat;
188.8.131.52 Thursday 12th July, Thursday 19th July, Thursday 26th July, Thursday 2nd August, Thursday 9th August, Thursday 16th August, Thursday 23rd August, Thursday 30th August: winners receive 1 Levi Sherwood 473ml Can, 1 Alpine Star Jersey and 1 Levi Sherwood Hat;
184.108.40.206 Friday 13th July, Friday 20th July, Friday 27th July, Friday 3rd August, Friday 10th August, Friday 17th August, Friday 24th August, Friday 31st August: winners receive 1 Levi Sherwood 473ml Can, 1 Alpine Star Defender Backpack, 1 Alpine Star Jersey and 1 Levi Sherwood Hat;
220.127.116.11 Saturday 14th July, Saturday 21st July, Saturday 28th July, Saturday 4th August, Saturday 11th August, Saturday 18th August, Saturday 25th August, Saturday 1st September: winners receive 1 Levi Sherwood 473ml Can and 1 Alpine Star Defender Backpack; and
18.104.22.168 Sunday 15th July, Sunday 22nd July, Sunday 29th July, Sunday 5th August, Sunday 12th August, Sunday 19th August, Sunday 26th August, Sunday 2nd September: winners receive 1 Levi Sherwood 473ml Can and 1 Levi Sherwood Hat.
5.3 The first 5 drawn winners of the Grand Prize Draw on Monday 3rd September (“Grand Prize”) will receive a day experience with Levi Sherwood at his personal compound in Palmerston North for themselves and a friend. Prize includes 2x return flights from anywhere in New Zealand (if applicable) to Palmerston North, Helicopter transfers from the Palmerston North airport to Levi’s Compound, a personal FMX demonstration by Levi, lunch, and an activity with the group of winners and Levi. The date of the prize will be determined based on Levi’s availability and that of the winners. Prize does not include airport transfers, insurance, spending money or additional expenses.
5.4 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.
5.5 Each winner and Guardian (if any), 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. Travel insurance and spending money are the specific responsibility of the Participant. 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. Travel restrictions, conditions, and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers.
5.6 All winners and Guardians (if any) must behave in a responsible and courteous manner at all times and must follow all reasonable directions of Red Bull or any prize supplier.
5.7 Red Bull reserves the right to replace any or all prizes with prizes of a similar value.
5.8 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.
5.9 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 5 purpose) except where any warranty cannot be excluded at law, including but not limited to, the protections provided under the Consumer Guarantees Act 1993 which are not excluded by these Terms & Conditions. 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.
5.10 No cash alternatives will be provided and prizes are non-transferable and non-refundable.
5.11 In case the winner does not claim his/her prize in two weeks, he/she will have forfeited the prize and Red Bull reserves the right to determine an alternate winner based on random selection.
5.12 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.rubberkid.redbull.com
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 by random selection to another Entrant by the game developers.
7. FAIR PLAY
7.1 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.
7.2 You confirm and are responsible that your entry does not:
7.3 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 “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.
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
9.2 You hereby confirm that the personal information you enter in connection with the Promotion is accurate and up to date.
9.3 By accepting the Terms, you agree that Sponsor may process your personal information itself, within the Red Bull Group or through outside data processors who will process data (including personal information) on its behalf. Your Personal Data will be used for the following purposes:
9.5 Sponsor, its affiliated companies and its mandated data processors shall process your personal information securely and take appropriate security measures to protect your personal information.
9.6 Personal information will only be used for the Purpose and will only be retained by Sponsor, its related bodies corporate and its mandated data processors for as long as is necessary for our business purposes or for legal requirements.
9.7 Winners may be requested to take part in promotional activity and Sponsor reserves the right to use the names of winners, their photographs and audio and/or visual recordings of them in any publicity. Sponsor will seek winners consent where required. Winners may be required to take part in further reasonable promotional activities.
9.8 Sponsor and its contractors may contact you via email, phone or otherwise in relation to the Promotion.
10. LIABILITY AND WARRANTY
10.1 Insofar as is permitted by law, the Sponsor, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the prize winner or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Promotion, as well as taking up the prize. Any limitation of liability shall be excluded for fraud or gross negligence. Your statutory rights are not affected.
10.2 You represent that you do not have any condition and are not affected by any circumstances that would prevent you from safely participating in the Promotion or would pose a present risk to others in your doing so. You also agree that you are not otherwise prohibited from participating in the Promotion for any reason.
10.3 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 No conditions, warranties or other terms apply to the Promotion and 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) except where any warranty cannot be excluded at law, including but not limited to, the protections provided under the Consumer Guarantees Act 1993 which are not excluded by these Terms & Conditions.
10.6 These Terms and Conditions will be governed by the laws of New Zealand and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.
10.7 If any provision of the Terms shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Terms shall not in any way be affected or impaired thereby.