Terms & Conditions and Data Protection Notice
- These Terms & Conditions and Data Protection Notice (together, “Terms”) regulate the participation in the [Meet and Greet with Marcel Kittel, Tour of California 2019] (hereinafter “Promotion”) sponsored by Alpecin USA Inc., 228 Park Ave S #25124 New York, NY 10003-1502 (“Sponsor”) and the processing and use of data communicated and submitted by entrants in connection with the Promotion.
- By participating, entrants accept and agree to be bound by these Terms and the decisions of Sponsor, which are final and binding in all matters related to the Promotion.
- This Promotion shall commence on [APRIL 1ST 2019, 00.01 AM, EST] and ends on [APRIL 30TH 2019, 11:59 PM, EST] (the “Term”).
- The Promotion is open only to residents of the United States of America who have reached the aged of majority in their jurisdiction and are at least 18 years or over at the time of entry. Employees of Sponsor, its parent companies, joint ventures, subsidiaries, affiliates, agents, advertising and promotion agencies, prize providers and suppliers involved in this Promotion) and each of their immediate family members (mother, father, sister, brother, husband, wife, daughter, son, step-father, step-mother, step-daughter, step-son, step-brother, step-sister, half-brother, half-sister), and/or those living in the same household of each are not eligible. Void where prohibited by law. All federal, state and local laws and regulations apply. No purchase necessary to enter and win.
- To enter, click the “Like”-button on the Facebook-page of Sponsor, found at tourofcalifornia2019.alpecin.com
- and comment on the Instagram post in which Sponsor announces the Promotion (an “Entry”). [FOLLOW US @ALPECIN_US, LIKE THIS PHOTO, POST A COMMENT AND USE #MeetKatushaAlpecinTeam2019.]. Limit one (1) entry per person. Sponsor reserves the right to deem as invalid any entries: (a) from organized groups or which are automatically generated by computer; (b) which are incomplete, corrupted, altered or fraudulent, or (c) which do not accord in all respects with these Terms.
- A Facebook and / or Instagram account is required to enter. Should multiple users of the same Facebook account enter the Promotion and a dispute arises thereafter regarding the identity of the entrant, the authorized account holder associated with the entry, at time of submission, will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to the account by Facebook. Potential winners may be required to show proof of being the authorized account holder. Normal Internet access and usage charges imposed by your online service will apply. If you participate from your mobile phone, such activity will be subject to the charges pursuant to your wireless service provider’s rate plan. Please consult your wireless service provider for more information.
- Potential winners will be selected by random drawing from among all eligible entries received during the Term. Drawing will be conducted by Sponsor or its designee on or about [MAY-1ST 2019]. Limit of one (1) prize per person/household. All participants will have an equal chance of winning the prize, although odds of winning will depend upon the number of eligible entries received.
- Potential winners will be notified by a public post on Sponsor’s Facebook page on [MAY-1ST 2019]. The post will instruct the potential winners to contact Sponsor and will provide how to do so. Potential winners must respond to the notification to confirm eligibility, confirm agreement to these Terms, and provide prize shipping address within five (5) business days of the communication. Sponsor is not responsible, and shall not be liable, for late, lost, misdirected, or unsuccessful efforts to notify a potential winner, or for any change in the potential winner’s email address, mailing address or telephone number. If a potential winner does not respond by designated deadline, or if winner is disqualified for any reason, he/she will forfeit the entire prize and he/she will not be entitled to any form of prize, award or compensation. In the event that a potential winner is disqualified for any reason, the Sponsor may award the prize to an alternate winner in a random drawing from among all remaining eligible entries. Sponsor reserves the right to verify any participant’s details at any time, including but not limited to asking for address or identity details.
- Prize: Each winner will receive
Two VIP-tickets for the Tour of California + Meet and Greet with the Katusha Alpecin Team from 18th to 19th of May 2019 in Pasadena, California.
2nd and 3rd winner:
One Katusha Alpecin Jersey signed by the Katusha Alpecin Cycling team + Alpecin Kit (1 x Alpecin Caffeine Shampoo C1 (250 ml) + Alpecin After Shampoo Liquid (200ml)
One Katusha Alpecin Jersey + Alpecin Kit (1 x Alpecin Caffeine Shampoo C1 (250 ml) + Alpecin After Shampoo Liquid (200ml)
Approximate retail value: [3.000 USD]. Promoter reserves the right to substitute any prize for one of equal or greater value. No substitution, cash redemption or transfer of prize by winner permitted. ALL FEDERAL, STATE AND LOCAL TAXES ARE THE SOLE RESPONSIBILITY OF WINNER. Sponsor is not liable for the performance or non-performance of any prize.
- Entries must not contain inappropriate content, including but not limited to vulgarity, obscenity, lewd, pornographic or violent material, or materials which promote hate or violence. Entries must not defame, misrepresent or contain disparaging remarks about Sponsor or its products or services, or other people, products, services, or companies. Entries must not defame or invade the privacy or publicity rights of any person, living or deceased, or otherwise infringe upon a person's personal or proprietary rights. Entries that do not include all required information and do not adhere to the foregoing and following requirements or are deemed to be immoral, obscene, profane or not in keeping with Sponsor's image (all as determined by Sponsor in its sole discretion) will be considered void.
- By entering the Promotion, entrants represent and warrant that their entries are their own original work and, as such, that they are the sole and exclusive owner and rights holder of the entry and grant all required licenses and assignments. Each entrant agrees not to submit any entry that infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, patent, trade secret, privacy, publicity, and confidentiality obligations.
- Except where prohibited, by participating in the Promotion, entrants agree to release and hold harmless Sponsor and Facebook, and the parent companies, joint ventures, subsidiaries, affiliates, agents, prize providers, advertising and promotion agencies and suppliers and the officers, directors and employees of each (the “Released Parties”) from and against any claim or cause of action arising out of entrant’s participation or attempt to participate in the Promotion or acceptance, receipt or use or misuse of any prize, including, but not limited to: (a) interrupted or unavailable network, server or other connections, miscommunications, failed telephone, computer hardware, software and other technical failures of any kind, including, unauthorized human intervention, garbled, jumbled or delayed computer transmissions or other errors of any kind, whether human, mechanical or electronic, including without limitation, the incorrect or inaccurate capture of entry information online regardless of cause that may limit a user's ability to participate in the Promotion; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; incorrect announcements of any kind; (d) errors in the administration of the Promotion or the processing of entries; lost, late, damaged, misdirected, postage due, illegible, delayed, incomplete, unintelligible or misdirected entries, entries not received by the entry deadline; (e) injury or damage to persons or property which may be caused directly or indirectly, in whole or in part from entrant’s participation in the Promotion or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Promotion and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Promotion entry, if it is possible. Any use of robotic, repetitive, automatic, programmed or like entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by that entrant. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these official rules. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
- Sponsor reserves the right to cancel or modify the Promotion if fraud, misconduct or technical failures destroy the integrity of the Promotion; or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Promotion as determined by Sponsor/administrator, in their sole discretion. In the event of termination, a notice will be posted on Sponsor’s Facebook page and the drawing will be conducted from among all eligible entries received prior to termination. For purposes of determining eligibility and awarding of prizes, entry will be declared made by the authorized account holder and any damage made to the website will be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. Entrant may be requested to provide Sponsor with proof that the participant is the authorized account holder. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Acceptance of prize constitutes permission to the Sponsor to use winners’ names and/or likenesses for purposes of advertising and trade without further compensation, unless prohibited by law.
- To the maximum extent permitted by law, each entrant indemnifies the Released Entities at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) any entry or other material submitted by the entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person; (ii) any misrepresentation made by the entrant in connection with the Promotion; or (iii) any non-compliance by the entrant with these Terms.
- The availability and/or functionality of the Promotion cannot be guaranteed. In particular, technical problems, change of regulations or decisions of social media platforms such as Facebook may lead to the termination and/or removal of the Promotion. Further, the Promotion may be terminated and/or removed for causes beyond the control of Sponsor. Termination of the Promotion shall not give rise to any claims on the part of the entrants against the Released Entities.
- Each entrant shall retain ownership of all intellectual property rights in their entries (including moral rights) subject to these Terms. However, by entering the Promotion, and to the extent allowed by law, each entrant grants Sponsor and its affiliates, licensees, promotional partners, developers and third party marketing entities a non-exclusive, perpetual, worldwide, royalty-free license to edit, modify, cut, rearrange, add to, delete from, copy, reproduce, adapt, publish, exploit and use the entry throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation.
- By participating in the Promotion, entrants agree to the following data collection and use:
- If participation is via this Website (tourofcalifornia2019.alpecin.com): Personal data entered by the entrant, including entrant’s first name, last name, city, country of origin and email address (only email address is mandatory), will be collected, stored, and used purely to enable the management of the Promotion and will not be used for any other purpose without permission. Sponsor will transfer your email address to CANYON BICYCLES USA, INC., 5600 Avenida Encinas, Carlsbad, CA 92008 for advertising purposes.
- If participation is via Instagram: Personal data, including but not limited to entrant’s name, nickname and profile picture on Instagram will be collected, stored, and used purely to enable the management of the Promotion and will not be used for any other purpose without permission.
- If participation is via Facebook: Personal data, including but not limited to entrant’s name, Facebook-User-ID, and profile picture will be collected, stored, and used purely to enable the management of the Promotion and will not be used for any other purpose without permission.
- Sponsor collects, processes and uses the entrants’ personal data only to the extent permitted by law and/or described above.
- An entrant may demand access to their personal data collected by Sponsor by sending an email to firstname.lastname@example.org. In addition, entrants may demand the correction or deletion of such data, or may revoke consent for Sponsor to collect or use their data at any time.
- In addition to these Terms, the relationship between the Sponsor, the participants and Facebook is ruled by the terms and conditions of Facebook (https://www.facebook.com/terms.php) and the data protection terms of Facebook (https://www.facebook.com/terms.php).
- Facebook is not a sponsor of this Promotion, nor does Facebook endorse, administer or promote this Promotion.
- Remarks, questions or any other notice regarding the Promotion should be addressed to Sponsor and not Facebook.
- To receive a list of winners (available after [05/02/2019]), mail a self-addressed, stamped envelope to be received by [05/03/2019] to: Alpecin USA Inc. [Meet and Greet the Katusha Alpecin Cycling team Tour of California 2019] Winner List, [Camp David, c/o Alpecin USA Inc. 219 36th Street, Box 25 Brooklyn, NY 11232 .
- These Terms shall be governed by the laws of [New York], with jurisdiction and venue in [NY], [New York], and all claims must be resolved in the courts of [NY], [NYC].
- Should any provision of the Terms in whole or in part be or become invalid or inoperable, then the validity of the remaining provisions shall not be affected thereby. The same shall apply if these Terms should fail to provide for any relevant matter.
- Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in Terms or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.