1.1 The organizer of the Zermatt 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”).
2.1 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 Zermatt 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 new Zermatt 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 Zermatt ski slope without missing any flags on this slope.
3.1 The Challenge will start at 00:00 CET on Saturday, 29th of October 2022, and end at 23:59:59 CET on Sunday, 30th of October 2022.
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: Germany, Austria, 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 to 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 Zermatt virtual ski-slope (ski down the Zermatt virtual ski-slope) without missing any flags placed on this slope;
(iii) subsequently share the time and result of their performance via the share performance button within the Game which will effectively save the time of each performance; and
(iv) conduct all of the above steps during the Duration of the Challenge as per 3.1 above.
4.3 Each finish of the Zermatt ski-slope within the conditions specified in Article 4.2, (ii) and its subsequent sharing in accordance with the conditions specified in Article 4.2, (iii) 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.
5.1 After the end of the Duration of the Challenge, the Organizer distributes prizes as follows:
(i) The 1st prize - a prize corresponding to the fastest participation. For this purpose, the Organizer assesses the time of each participation and attributes the prize to the participant who registered the shortest time for a finish of the Zermatt ski-slope. The participate with the second shortest time for a finish of the Zermatt ski-slope is designated as a substitute winner. If two participants achieve the same shortest time for the finish of the Zermatt ski-slope, the winner will be the player who has achieved this time first during the Duration of the Challenge.
(ii) The 2nd prize – attributed to a participant designated following a raffle. The winner of the raffle is chosen from all the participants which have fulfilled the Conditions for participation within the Duration of the Challenge. The drawing takes place on 4th November 2022. The drawing is completely randomized and conducted through the intermediary www.random.org. A substitute winner is drawn as part of the raffle.
5.2 The 1st prize consists of a new iPhone 14 mobile phone.
5.3 The 2nd prize consists of a 2-person ticket for one of the speed races in which will take place in 2023 in Crans-Montana, Switzerland. The specific speed race and its exact date will be additionally specified by the Organizer in the individual email communication to the winner. The 2nd prize is limited to the 2-person ticket and as such does not cover transportation to the event, accommodation and/or compensation of any other expenses incurred during or in connection with the event. In the event of cancellation of the event, the winner is not entitled to any compensation or reimbursement of any costs by the Organizer.
5.4 There is no legal claim to the prizes. Exchange of the prizes for any monetary or non-monetary compensation is not permitted. The winners are not entitled to transfer the prize to a third party. All taxes, if any, levied on the prizes shall be borne by the winners. 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 prizes and possible damages in connection with the use of the prize.
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 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. Delivery times depend on external courier services, and the Organizer cannot guarantee a certain amount of time within which the delivery of the 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 prize will pass automatically to the substitute winner, following the same procedure. If the substitute winner does not meet the requirements, declines, and/or does not answer within the 72-hour period from the initial email communication, the prizes will be considered vacant and will not pass on any other participants.
7.1 Winners may be published (within the scope of their personal data as specified in Article 8.3 below) on the social media pages and websites of the Organizer or third parties who have been commissioned by the Organizer to publish the winners.
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, 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) will need to be communicated to a third-party (relevant courier service) to facilitate the delivery and to the organizer of the relevant ski-races to issue 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: email@example.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.
9.1 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.
9.2 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.
9.3 In addition, the Organizer is entitled to exclude any participant from the Challenge that 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.
9.4 In the event of any dispute regarding the Challenge, the decision of the Organizer will be final and binding.
9.5 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.
9.6 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.
9.7 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.