KITZBÜHEL CHALLENGE
Promotional Terms and Conditions
By entering into the Kitzbühel Challenge the participant accepts and agrees to be bound by these Promotional Terms and Conditions (“Promotional Terms and Conditions”). In addition to these Promotional Terms and Conditions, the General Terms and Conditions and the Privacy Policy of the Game apply. The Organizer reserves the right to change these Promotional Terms and Conditions in the form of written amendments.
1 ORGANIZER
1.1 The organizer of the Kitzbühel Challenge (as defined below) is Ski Challenge GmbH, with its registered office at Wiedner Hauptstrasse 94, 1050 Vienna, registered in the commercial register of Handelsgericht Wien with company registration no.: 587965f ("Organizer”).
2 DESCRIPTION OF THE GAME AND OF THE KITZBÜHEL CHALLENGE
21 Developed by the Organizer, Ski Challenge is a virtual 3D simulation for iOS and Android that enables both offline and online ski racing (“Game”). In the Game, the participants can race and compete on a variety of virtual ski slopes which are based on their real-life counterparts.
2.2 The Kitzbühel Challenge (“Challenge”) is a temporary virtual event within the Game, in which players who meet the Conditions of participation specified in these Promotional Terms and Conditions (“participant” or “participants”) are able to compete against other participants on the Kitzbühel ski slope and may be eligible to win the prizes specified in these Promotional Terms and Conditions. The goal of the Challenge is to achieve the best possible time among all participants on the Kitzbühel ski slope without missing any flags on this slope.
3 DURATION OF THE CHALLENGE
3.1 The Challenge will start at 00:00 CET on Thursday, 19th of January 2023, and end at 23:59:59 CET on Monday, 23th of January 2023.
4 CONDITIONS OF PARTICIPATION
4..1 To be eligible to participate in the Challenge, the participants must meet all of the following eligibility criteria:
(i) have a residency (permanent address) in one of the following countries: European Union Member States, Andorra, United Kingdom, Norway or Switzerland;
(ii) be aged 14 or more at the time of their participation;
(iii) not be an employee and/or contractor (on a freelancing basis) of the Organizer, or of the Organizer’s parent company Greentube GmbH, or of any of the companies affiliated with the Organizer;
(iv) not be involved, in any capacity, in the development and/or operation of the Game; and
(v) not be relatives of the persons specified in (iii) and (iv) above.
4.2 In addition to the eligibility criteria specified above, in order to qualify for a prize as part of the Challenge, the participants must fulfill all of the following conditions of participation:
(i) have the Game downloaded and installed, and a profile created within the Game;
(ii) play and finish the Kitzbühel virtual ski slope (ski down the Kitzbühel virtual ski slope) without missing any flags placed on this slope; and
(iii) conduct all of the above steps during the Duration of the Challenge as per 3.1 above.
4.3 Each finish of the Kitzbühel ski slope within the conditions specified in Article 4.2 within the Duration of the Challenge is considered as 1 (one) separate participation in the Challenge.
4.4 A participant may participate in the Challenge more than once. There is no limit on the number of participations in the Challenge for one participant, provided that the participant fulfills all relevant Conditions for participation, including Article 4.2, (ii), (iii), with regard to every participation.
5 WINNER SELECTION AND PRIZES
5.1 After the end of the Duration of the Challenge, the Organizer selects three winners and distributes their corresponding prize. For this purpose, the Organizer assesses the time of each participation and attributes the prize to three participants who have (i) fulfilled all the condition of participation and at the same time (ii) registered the shortest time for a finish of the Kitzbühel ski slope as follows:
(i) The 1st place winner – will be attributed to the participant who has (i) fulfilled all the condition of participation and at the same time (ii) registered the shortest time for a finish of the Kitzbühel ski slope corresponding to the fastest participation. If two or more participants achieve the same shortest time for the finish of the Kitzbühel ski slope, the 1st place winner will be the participant who has achieved this time first within the Duration of the Challenge while the participant who has achieved this time second within the Duration of the Challenge becomes the 2nd place winner and the participant who has achieved this time third within the Duration of the Challenge becomes the 3rd place winner. The 1st place winner will be awarded the 1st prize as detailed below.
(ii) The 2nd place winner – will be attributed to the participant who has (i) fulfilled all the condition of participation and at the same time (ii) registered the shortest time for a finish of the Kitzbühel ski slope corresponding to the fastest participation. If two or more participants achieve the same shortest time for the finish of the Kitzbühel ski slope, the 1st place winner will be the participant who has achieved this time first within the Duration of the Challenge while the participant who has achieved this time second within the Duration of the Challenge becomes the 2nd place winner and the participant who has achieved this time third within the Duration of the Challenge becomes the 3rd place winner. The 2nd place winner will be awarded the 2nd prize as detailed below.
(iii) The 3rd place winner – will be attributed to the participant who has (i) fulfilled all the condition of participation and at the same time (ii) registered the third shortest time for a finish of the Kitzbühel ski slope corresponding to the third fastest participation. This applies provided that there are no two or more participants with the shortest time as specified in Article 5.1 (i) above or two participants with the second shortest time as specified in Article 5.1 (ii) above. If two or more participants achieve the same third shortest time for the finish of the Kitzbühel ski slope, the 3rd place winner will be the participant who achieved this time first within the Duration of the Challenge. The 3rd place winner will be awarded the 3rd prize as detailed below (1st place, 2nd place, and 3rd place winners are hereinafter individually referred to as "winner" and collectively as "winners").
5.2 The 1st prize consists of (i) a BOSS unisex jacket in the general value of EUR 899.00, (ii) an Amazon Gift Card in the value of EUR 500.00 and (iii) an in-Game digital gift “a golden helmet #1”.
5.3 The 2nd prize consists of (i) a BOSS knitwear – either men or women (in the general value of EUR 349.00), (ii) an Amazon Gift Card in the value of EUR 300.00 and (iii) an in-Game digital gift “a silver helmet #2”.
5.4 The 3rd prize consists of (i) a pair of BOSS men gloves (in the general value of EUR 199.00) or a pair of BOSS women gloves (in the general value of EUR 169.00), (ii) an Amazon Gift Card in the value of EUR 200.00 and (iii) an in-Game digital gift “a bronze helmet #3” (1st prize, 2nd prize, and 3rd prize are hereinafter individually referred to as “prize” and collectively as “prizes”).
5.5 In addition, the Organizer may decide to include a physical medal as part of the prizes.
5.6 There is no legal claim to the prizes. The winner is not entitled the request the exchange of the prize for any monetary or non-monetary compensation. The Organizer reserves the right to exchange the prizes for a monetary or non-monetary compensation in the similar value.
5.7 The winner is not entitled to transfer the prize to a third party. All taxes and customs, if any, levied on the prize or its delivery to the winner shall be borne by the winner. The Organizer shall not reimburse the participants for any costs incurred by them in connection with their participation in the Challenge, or with a win in the Challenge. The Organizer bears no responsibility for defects in the Prize and possible damages in connection with the use of the Prize.
6 PRIZE ACCEPTANCE AND COMMUNICATION
6.1 After confirming that the participants meet the Conditions of participation and Winner selection above, the Organizer will contact the winners via email and verify their identity and the age and residency requirements. For the purposes of such verification, the winner is required to provide an identification document, as well as any information and/or documentations deemed necessary by the Organizer in order to ascertain that the Conditions of participation are fulfilled, to determine the identity of the winner, as well as the address to which the prize is to be delivered.
6.2 Should the winner accept the prize, provide all necessary information requested by the Organizer, and meet the relevant requirements within the 72-hour period from the initial email communication, the prize will be delivered to the winner by courier, email or via in-Game actions. Delivery times depend on external courier services, and the Organizer cannot guarantee a certain amount of time within which the delivery of the specific prize takes place.
6.3 If the winner does not meet the requirements, declines, and/or does not provide the Organizer with the required information within the 72-hour period from the initial email communication, the Organizer can decide whether it will select a substitute winner following the same procedure as above or whether the prize will be considered vacant and will not pass on any other participants.
7 PUBLICATION OF THE WINNERS
7.1 Winners may be published (within the scope of their personal data as specified in Article 8.3 below) on the social media platforms of the Organizer or third parties who have been commissioned by the Organizer to publish the winners.
8 DATA PROTECTION
8.1 To achieve the aims of the Challenge and subsequent reward of its participants, the Organizer (data controller) collects and processes personal data of the participants. The Organizer conducts these processing activities always pursuant and within the scope of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (Datenschutzgesetz).
8.2 The purpose of the processing is the administration of the promotion for the Challenge and the auditing of the winner. The scope of the personal data is limited to the strictly necessary data and constitutes: first name, surname, username on the relevant social media platform, participants alias, email address, performance data from the Game and unique participant ID. Additional personal data, such as a copy of the valid ID and delivery address will be processed as per Article 6.1 above. Legal basis for the processing is the following legitimate interest: “efficient organization of competitions and challenges and proper evaluation and rewarding of participants”.
8.3 The participants understand that by participating in the Challenge and winning the Challenge their personal data including first name, last name, participant alias and performance data from the Game may be shared on the social media and websites of the Organizer or third parties who have been commissioned by the Organizer to publish the winners. Additionally, only with the consent of the respective participant, the Organizer may publish the winner's photo, audio and video recording on its social media and websites or on the social medias and website of any third party commissioned by the Organizer. Without the relevant consent, the Organizer is not entitled to publish the winner's photo.
8.4 Some of the personal data above (winner’s name, surname, residency address) may need to be communicated to a third-party (issuer of the prize and the relevant courier service) in order to facilitate the issuance and delivery of the prizes.
8.5 Organizer will only use the personal details supplied for the administration of the promotion for the Challenge and the auditing of the winner and for no other purpose. Your personal data will at all times be kept confidential. You can request access to your personal data, or have any inaccuracies rectified, or request deletion of data by sending an email to: skichallenge@greentube.com. By actively participating in the Challenge, you agree to the use of your personal data as described here. You can withdraw from the Challenge at any time.
8.6 Further details relating to the Organizer’s personal data processing and the associate rights of the data subjects are entailed in Organizer’s Privacy Policy.
9 FINAL PROVISIONS
9.1 This Challenge is in no way sponsored, endorsed, or administered by, or associated with any social media platform. By entering the Challenge, the participant agrees to these Promotional Terms and Conditions and confirms that they release the Social Media Platforms of any responsibility in connection with this Giveaway.
9.2 The Organizer reserves the right to decide on all questions related to this Challenge as well as reserves the right to limit, postpone, interrupt, change or cancel the Challenge at any time for reasons worthy of special consideration.
9.3 The Organizer reserves the right to verify all participants and/or winners and to refuse to award a prize or withdraw prize entitlement and/or refuse further participation in the Game and disqualify the participant where there are reasonable grounds to believe there has been a breach of these Promotional Terms and Conditions or of the General Terms and Conditions, or otherwise where a participant has gained unfair advantage in participating in the Challenge or won using fraudulent means, or where a participant is prohibited to be provided with any form of winning or compensation in line with the relevant AML legislation or any other applicable legal requirements.
9.4 In addition, the Organizer is entitled to exclude any participant from the Challenge who has provided incorrect data or information in the Challenge, manipulated or attempted to manipulate the results of the Challenge, deliberately caused or exploited a Game malfunction or defect.
9.5 In the event of any dispute regarding the Challenge, the decision of the Organizer will be final and binding.
9.6 By entering into this Challenge, the participants agree to be bound by these Promotional Terms and Conditions.
9.7 Participants must ensure that their participation (including the acceptance of any prize awarded) is lawful in accordance with the laws of the country of which they are a citizen and/or reside. This Challenge may be void where void under local national laws. The Organizer makes no representations, express or implied, as to the legality of any individual's participation.
9.8 If any of these clauses should be determined to be illegal, invalid, or otherwise unenforceable then it shall be severed and deleted from these Promotional Terms and Conditions and the remaining clauses shall be unaffected and remain in full force and effect.
9.9 These Promotional Terms and Conditions shall be governed by and construed in accordance with the laws of Austria. Any disputes arising in connection with these Promotional Terms and Conditions shall be subject to the exclusive jurisdiction of the Austrian courts.
These Promotional Terms and Conditions are constructed in English and German language. In case of discrepancies between the two language versions, the English version shall prevail.
Email: info@ski-challenge.com
© 2022 by Ski Challenge GmbH
Wiedner Hauptstrasse 94 | A-1050 Vienna
Company registration number: 587965f Commercial register court: Commercial Court Vienna
Member of the Vienna Chamber of Commerce
VAT number: ATU78592907