National Red Bull Flugtag Game Sponsored by Red Bull North America, Inc.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
National Red Bull Flugtag Game Sponsored by Red Bull North America, Inc.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Promotion Period: The Red Bull Flugtag Game (the “Promotion”) commences June 24, 2013 at 12:00:01 am Pacific Time (“PT”) and ends August 25, 2013 at 11:59:59 pm PT (the “Promotion Period”). All entries (“Entries” or “Entry”, as described below) must be received by 11:59:59 pm PT on August 25, 2013. Entries submitted past the expiration of the Promotion Period will not be accepted and will be destroyed.
2. Sponsor and Administrator: The Promotion is sponsored by Red Bull North America, Inc. (“Sponsor”), and administered by Brandmovers, Inc., (“Administrator”).
3. Eligibility: The Promotion is open to legal residents of the fifty (50) United States and District of Columbia who are at least 18 years of age or older at the time of entry (or 19 years of age or older for residents of AL and NE). Employees of Sponsor, affiliates, subsidiaries and members of their immediate families or persons residing in the same household are not eligible to enter or win. You are also not eligible if you or any member of your immediate family or household (whether or not related) is (A) an employee, officer or director of (1) Sponsor, Administrator, any of their respective bottlers, dealers or distributors, or parent companies, affiliates or subsidiary companies (collectively, the "Promotional Parties"), (2) any of the Promotional Parties’ other promotional partners, advertising or promotions agencies, sponsors of promotional materials, internet promotion developers, judging or administration organizations, or auditing or legal firms and other parties engaged in the production, promotion, administration or execution of the Promotion (“Promotion Entities”), or (B) an owner/operator or person responsible for purchasing or promotion decisions at retailers or dealers that sell any of Sponsor’s products. “Immediate family” means parents, children, stepparents, stepchildren, siblings, stepsiblings and spouses, whether or not living at the same residence.
Note: Anyone can participate but only persons complying with the Eligibility requirements above, including the residency requirements, can win.
4. How to Enter: To enter the Promotion, an Entrant (“Entrant”) must access the Promotion website, and follow the directions below. An Entrant may obtain the Promotion website address through one of four methods: a Text Message, a QR Code, a Mail-in, or by visiting the promotional website as described below.
Text Message: You may obtain the website URL by texting “FLY” to 72855 using a two-way text-messaging capable device. Entrant will then receive a return text message with the website URL www.redbullflugtagusa.com/game (the “Website”).
Entrants who use text-messaging to request a website URL will be charged according to their carriers' standard messaging and data rates. Entrants should contact their carriers for pricing details. Check your owners' manual for specific text-messaging instructions. Text messaging may not be available through all wireless carriers. All text messages must be received by August 25, 2013 at 11:59:59 pm PT.
By texting in, you consent to receiving text messages from Red Bull and its affiliates in the future – up to 5msgs/month.
To opt out, text STOP to 72855 to stop. Text “HELP” to 72855 for help. For full terms, including those of our program administrator, see http:// win.gs/trms.
QR Code: If you would like to receive the website URL through your smart phone’s QR Application at participating Convenience Stores, you can take a picture of a QR code with your smart phone’s QR Application at a participating convenience stores, where you will find Promotion materials containing the Promotion’s QR code. Once Entrant takes a picture of the QR code their smart phone’s browser will be directed to the Website, where Entrant will be able to follow instructions to enter the Promotion. QR Application may not be available on all smart phones. Standard data rates may apply – check your plan with your carrier for details.
Website: Visit the promotional website at http:// www.redbullflugtagusa.com/game. Follow the directions to enter.
Sponsor is not responsible for telephone or Internet service outages, delays, equipment malfunctions and any other technological difficulties that may prevent an individual from sending or receiving a text message or using a QR Application/scanning a QR code. Consult your cellular telephone and/or Internet data carrier for complete details.
Once Entrant has accessed the Website he or she will be prompted to play the Red Bull Flugtag Game by either choosing “Practice” or “Compete”. If Entrant chooses “Practice”, they will be able to play the game in a ‘general play’ round. Once Entrant completes ‘general play’, they will be invited to play again, or continue on to customize their own craft and compete for a chance to win a prize.
Customization Process: To start the customization process, Entrant must login with their Facebook account. If Entrant does not have a Facebook account, Entrant must register by visiting www.facebook.com (“Facebook”) and register for free. Registration for and use of the Facebook system and other Facebook applications are subject to Facebook’s terms and conditions, and Sponsor has no responsibility with respect to such registration use. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
Once Entrant has logged in with their Facebook account, Entrant will be able to follow the onscreen instructions to complete the customization process. Entrant will be prompted to upload a photograph of him/herself to use as the pilot photo. Entrant can choose any of the following for the pilot photo: 1) use his/her Facebook Profile photo; 2) upload a photo of his/her choice; or 3) use the Official Flugtag pilot photo. Upon selecting and uploading a photo, the Entrant will then customize his/her aircraft using the selections available on the Website (“Aircraft”). When an Entrant has completed the customization process, they will be able to play the Flugtag Game to try and get to the top of the leaderboard by flying the farthest. Please Note: You will be able to revise the customization of your craft until you submit your craft to the leaderboard. Once you have submitted your craft to the leaderboard, your craft design will be locked and you will no longer be able to revise your craft.
Note: Entrants must adhere to the below Entry Terms and Restrictions.
A. Entry Terms:
i. Entrants agree to and understand that Entries will be made available to the public, including without limitation, posting on the Internet. Whether or not Entries are published on the Internet, Sponsor does not covenant or guarantee any confidentiality with respect to any Entries.
ii. Each photo incorporated into each Entry must be an original creation of the submitting Entrant which is under no restriction, contractual or otherwise, that will prevent Sponsor’s use of the Entry and each photo incorporated into the Entry must be free of any and all liens, encumbrances and claims of third parties. Entrant acknowledges, agrees and warrants that, nothing in the Entry infringes on any copyrights, confidential information, trade secrets or trademarks belonging to any person or entity other than the Entrant absent a suitable license, clearance or permission agreement (proof of which is required upon submission), or violates any person's rights of privacy or publicity and that all necessary releases and permissions have been secured. Entrant agrees to indemnify and hold harmless each of Sponsor and Administrator, and each of their owners, officers, directors, employees, franchisees and affiliated organizations, and their respective officers, directors and employees, from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by Entrant of these Official Rules or the warranties and representations made by Entrant in this paragraph. Modifying, enhancing or altering a third party’s preexisting work does not qualify as Entrant’s original creation.
iii. By uploading the Entry the Entrant agrees, for zero compensation, to grant to Sponsor all intellectual property rights in the Entry and each of its constituent parts, which rights include, without limitation, the Sponsor’s right to publish, make available to the public and/or reproduce the Entry through any media available at any time during, or after, the Promotion Period on any related websites, in any promotional materials, whether related or un-related to the Promotion, and at any other location, whether physical or online, that Sponsor, in its sole discretion, deems appropriate and necessary for the operation and promotion of this Promotion. In addition, Entrant warrants that any so called “moral rights” in the Entry have been waived and Entrant acknowledges and agrees that Sponsor may use any ideas from any Entry or other submitted materials, whether or not Entrant has been awarded a prize in connection with any such Entry or other materials. Entrant agrees to release, defend, indemnify and hold harmless each of Sponsor and Administrator, and each of their owners, employees, directors, officers, agents, franchisees, subcontractors, and licensees from all claims, demands, and causes of action of any nature whatsoever which Entrant or Entrant’s heirs, representatives, executors, administrators, or any other persons acting on Entrant’s behalf or on behalf of Entrant’s estate, have or may have by reason of: (i) Sponsor’s exercise of any rights granted by Entrant in this paragraph; (ii) claims based on violation of any right of publicity or rights of personality, infringement of copyright or trademark, libel, slander, defamation, invasion of privacy, loss of earnings or potential earnings in connection with Sponsor’s use of the Entry and any portion thereof, or the likeness of any natural person therein.
iv. Entrants are responsible for securing necessary permissions, location releases, and licenses for any visual material contained in the Entries.
B. Entry Content Restrictions: Entries,nor any portiont hereof, must not contain material that:
i. References tobacco, smoking or smoking products or alcoholic beverages, or otherwise contains or depicts someone smoking or intoxicated;
ii. Violates or infringes another’s rights, including without limitation, privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
iii. Contains material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
iv. Contains any unacceptable clothing or adornments, or displays any commercial/corporate advertising other than that of Sponsor (including but not limited to corporate logos, brand names, trademarks, slogans, political, personal and religious statements);
v. Contains indecent, violent, or unsafe behavior or situations, profanities or obscenities, including but not limited to nudity, or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, slanderous or libelous;
vi. References persons or organizations without their written permission;
vii. Disparages any persons or organizations;
ix. Is unlawful, in violation of or contrary to applicable federal, state, or local laws and regulations.
v. Sponsor is not responsible for any expenses incurred in the production and delivery of the Entries.
Additional Entry Considerations. Multiple entrants are not permitted to share the same email address. In the event of a dispute as to any entry, the authorized account holder of the email account used to submit an Entry will be deemed to be the entrant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet service provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
5. How to Play the Game:
After you have completed the customization process as set forth above, visit the Website during the Promotion Period to play the Game by flying your Aircraft as far as you can. Upon flying your Aircraft, post your score on the Website’s leader-board. Please note: you MUST post your score on the leader-board to be eligible to become a finalist. If you decide to post your craft and score onto the leaderboard, you will lock your craft design and will no longer be able to revise your craft with the available customizations. You are only allowed to have one craft with your longest flight score posted on the Website leader-board. If you beat your highest score, that score will then be replaced with your new high-score. Sponsor is not responsible for any technical delays, or atmospheric conditions that may disrupt the downloading of the Game, completion, submission or participation of registration or the customization process, Game play, posting scores on the leader-boards, or any other participation or any other problems which might or might not result in connection with this Promotion.
The top twenty-five participants who fly the furthest playing the Game during the Promotion Period as posted on the leader-board will be deemed the Finalists. In the event there are less than twenty-five (25) participants to post scores on the leader- boards during the Promotion Period, Sponsor reserves the right not to award all twenty-five (25) Finalists. In the event of a tie, the participant who flew the furthest first in time will be deemed the winning Finalist from among all tying participants. Posting of Finalists on the leader-boards does not automatically deem the participant posted is a Finalist, as all potential Finalists are subject to verification. Potential Finalists will be notified by email to the email address provided upon the time of entry on or about August 25, 2013.
Then, on or about August 26, 2013, or as soon thereafter as reasonably practicable, the twenty-five (25) Finalist’s Aircraft’s will be judged by a panel of independent judges to be selected by the Sponsor (the “Red Bull Panel of Judges”). The Red Bull Panel of Judges will review each of the twenty-five (25) Finalist’s Aircrafts without regard to who flew the furthest as posted on the leader-boards. The Finalist’s Aircrafts will be judged using the following judging criteria: Creativity of the Aircraft Design (worth 70%), and Quality and Overall Aircraft design (worth 30%). The Finalist’s Aircraft who receives the highest score using the judging criteria set forth above, as determined solely by the Red Bull Panel of Judges, will be selected as the potential Grand Prize Winner. In the event of a tie, the Entry who received the highest score in the Creativity of the Aircraft Design criteria will be deemed the winner from among all tying finalists.
All decisions of Sponsor and the Red Bull Panel of Judges are final and binding in all respects, including as to the selection and final determination of Finalists and the Grand Prize winner. Potential Grand Prize winner will be notified via email to the email address provided upon the time of entry on or about August 27, 2013.
If a potential Grand Prize Winner either declines a Prize, or does not respond to the potential prize notification within twelve (12) hours of such notice, or is otherwise deemed ineligible to accept the Prize, that person will be deemed to have forfeited the Prize, and up to three (3) alternate Grand Prize Winners will be chosen based on the next highest scoring Finalist’s Aircraft as using the judging criteria set forth above. In order to receive a Prize, any winning Entrant will also be required to complete and return to Sponsor, or its designated agent, an Affidavit of Eligibility and a Liabilities/ Publicity Release Form, except where prohibited by law, within twelve (12) hours of receipt of such. Failure to return the signed Affidavit and Release may result in forfeiture of the Prize, except where prohibited by law. Guests of Grand Prize Winner will be required to fill out, notarize, and return to Sponsor, or its designated agent, a Travel Companion Release Form within twenty-four hours of Winner’s receipt of such. All Prizes are subject to verification of eligibility as determined by Sponsor in its sole discretion and strict compliance with these Official Rules. If no potential Winner is ascertainable for a particular Prize after the three (3) attempts referenced above, that particular prize will be forfeited and may be awarded to an alternate winner.
Exactly one (1) Grand Prize (“Grand Prize”) will be awarded. One Grand Prize Winner (“Grand Prize Winner”) will be awarded a Grand Prize consisting of: (a) flying their customized Aircraft at Dallas/Fort Worth Flugtag event; (b) access for Winner and a Travel Companion to the Flugtag event on September 21, 2013 (Travel Companion must be 18 years of age or older at time of travel); (c) double occupancy hotel accommodations for two (2) in Dallas/Fort Worth at a hotel of Sponsor’s choosing, check-in and check-out dates and times to be determined by hotel and/or Sponsor, at their sole discretion; (d) a rental car for travel between Winner’s city of residence and Dallas/Fort Worth, if Winner lives within 150 miles of Dallas/Fort Worth; if Winner lives more than 150 miles away from Dallas/Fort Worth, Grand Prize will include round trip coach airfare for two departing from a major International airport closest to Winner’s residence and arriving in a major international airport closest to location where Grand Prize will take place, or airports of Sponsor’s selection; in either event, travel must take place from September 19 to 22, 2013; (e) transportation for Winner and Travel Companion between hotel and location where Grand Prize will take place, and between airport and hotel, if applicable; (f) two hundred dollar ($200 USD) voucher per day for meals; and (g) any other benefits Sponsor may provide me in connection with the Promotion.
Total Approximate Retail Value (“ARV”) of Grand Prize: up to $14,000 USD.
Twenty-Four (24) Finalist Prize: The remaining Twenty-four (24) Finalists (each, a “Finalist”) will be awarded a Finalist Prize, each consisting of a three (3) month supply of Red Bull (3 cases) and Flugtag t-shirt sent to their home. Total ARV of First Prizes is $300 USD (ARV $15.00 USD each).
ARV of Finalist Awards: $300 USD
Total ARV of all Promotion Prizes: $14,300 USD.
Prizes will be awarded "as is" with no warranty or guarantee express or implied by Sponsor. Winners may not substitute, assign or transfer any Prize or part thereof, or redeem Prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize (or any portion thereof) with one of comparable or greater value. Further, Sponsor reserves the right to forfeit or award any unclaimed or leftover Prize at its sole discretion. Additional restrictions may apply. All expenses not specified herein are the Winner’s responsibility. Taxes on and in connection with any Prize are the sole responsibility of the Winner. Sponsor, or its designated agent, may issue a Form 1099 to the Winner for any prize with an ARV of $600 or more.
7. Prize Limitations and Travel Restrictions: Grand Prize ARV may vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares, if applicable. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All expenses not specifically mentioned herein are not included and are solely the Winner’s responsibility. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval. Airline carrier and hotel regulations and conditions apply. Winner must take Trip on Sponsor- selected dates or Prize will be forfeited in its entirety and, at Sponsor’s discretion, awarded to an alternate winner. All travel must begin/end with the same major airport. Stopovers, open jaws, circle trips or frequent traveler mileages are not permitted. Travel must be made through Sponsor’s agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Winner and his/her companions must travel together on the same itinerary. Winner’s travel companions must be 18 or older at time of travel (or 19 or older if a resident of Alabama or Nebraska). Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates or prizes. Grand Prize cannot be used in conjunction with any other promotion or offer and airline tickets issued in conjunction with the Prize are not eligible for frequent flyer miles. Once passengers are ticketed, an airline change fee must be paid by the winner to change flights or dates of travel. Additional costs including, but not limited to, seat assignments, baggage fees, etc. are determined by selected airline and will be the responsibility of the Winner.
Sponsor is not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow- down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to Entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto). The Promotion Entities and Promotional Parties shall not be responsible for any loss or damage to baggage.
All expenses not specified herein are the Winners’ responsibility. Taxes on and in connection with a Prize are a Winner’s sole responsibility; Sponsor or its designated agent may issue a Form 1099 to a Winner for prizes with an ARV of $600 or more. Prizes are not transferable. No prize, cash or other substitutions allowed except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute a prize of equal or greater value if an advertised prize becomes unavailable. All gift certificates and/or gift cards awarded pursuant to this Promotion shall be subject to the terms and conditions of the applicable certificates and cards, and the laws and regulations of the Winner’s jurisdiction of residence.
8. License Grant:
I. FOR ALL ENTRANTS:
1. Red Bull shall be granted, automatically and simultaneously with the submission of any Entry (or any portion thereof), an unrestricted, unconditional, unlimited, worldwide, royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable or transferable right and license, without any payment or other liability to any person or entity, to publicly display, publicly perform, exhibit, reproduce, adapt, edit, transmit, distribute, communicate, make available and otherwise use (and authorize others to use) the content of the Entry: (A) in connection with the administration, operation and offering of the Promotion; (B) on any and all websites or other online destinations owned, operated, controlled or featuring Red Bull; and (C) in any advertising, marketing or promotion of the Promotion or Red Bull’s products or services, whether via print, radio broadcast, cable transmission, satellite transmission, television broadcast, digital transmissions, or any other method now or hereafter known.
2. On or in connection with the exploitation of any Participant Content, Red Bull shall have the perpetual right, but not the obligation, to use and authorize others to use the names (including, without limitation, all professional, group and other assumed or fictitious names or nick names), likenesses, biographical material and geographical information of or relating to the individual submitting the Entry, on and in connection with the exploitation of any Entry, without any compensation to the Entrant or any other individual.
3. Each Entrant acknowledges and agrees that Red Bull has the absolute right to condition the Entrant’s participation in the Promotion (including, without limitation, acceptance or enjoyment of any associated promotion prize or benefit), on the Entrant granting Red Bull: (A) additional rights in and to his/her Entry; (B) rights to any other content (e.g., images, graphics, logos, portraits, pictures, photographs, comments, sounds, voice, singing voice, musical compositions, sound recordings, performances, videos, etc.) associated with, generated by or pertaining to or otherwise related to the Promotion; and/or (C) any additional rights requested by Red Bull.
4. Each Entrant must represent and warrant: (A) he/she is the sole owner of the Entry content and has the rights necessary to allow Red Bull to fully exercise the rights granted, or has obtained such rights from any necessary third party owner(s) or licensor(s) of the Entry content; and (B) that Red Bull’s use of the Entry will not violate any law or infringe upon or violate the rights of any person or entity, including, without limitation, copyright, trademark, trade secret, right of publicity (and rights or privacy) or other intellectual or proprietary or other right.
II. FOR WINNERS:
1. In addition to the rights, obligations and assurances set forth in Section 8.I of these Official Rules, any winner(s) of a Promotion Prize or recipient of other substantive benefits from Red Bull under this Promotion, shall agree to the following:
2. Each Winner shall sell, transfer, assign to Red Bull royalty-free, worldwide, perpetually, and irrevocably, all ownership and other rights in and to the Entry content, whatever its nature, to the fullest extent permitted by law. To the extent such an assignment is not legally permissible, Entrant shall grant Red Bull an exclusive, royalty-free, worldwide, perpetual, irrevocable, assignable, sub-licensable and unrestricted license to the Entry content to the fullest extent permitted by law. Entrant shall agree to execute any documents that Red Bull reasonably determines are necessary to document Red Bull’s rights in the Entry content to secure or perfect any intellectual property right (e.g., trademark, trade dress, copyright, patent, etc.) relating to the Entry content. By entering the Promotion, Entrant acknowledges and agrees that Red Bull shall have the absolute and exclusive right to publicly display, publicly perform, exhibit, reproduce, adapt, edit, transmit, distribute, communicate, make available and otherwise use (and authorize others to use) any Entry or part of its content in connection with, among other things, the commercial exploitation of the Entry content, use of the Entry content on any of Red Bull’s products, or uses of the Entry content in any advertising, marketing or promotion of the same whether via print, radio broadcast, cable transmission, satellite transmission, television broadcast, digital transmissions, or any other method now known or hereafter discovered. By entering this Promotion Entrant represents and guarantees that he or she is not infringing upon the rights of any third parties, including but not limited to, committing plagiarism, defamation, the violation of any intellectual property or other proprietary rights, and the violation of any privacy rights. Further:
(a) No Moral Right. To the extent allowed by applicable law, Entrant shall waive any “droit morale,” “moral rights of authors” and all other similar rights, however denominated throughout the world, with respect to attribution of authorship or integrity of all or any portion of the Entry and any part of its content, and further (a) acknowledge and agree that the Entry is being supplied/ created for commercial or trade uses, and (b) covenant not to bring any legal action with respect to any non-waivable moral rights (or other similar rights) arising out of any use of the Entry, including but not limited to any use that may alter the perception of the Entry or the integrity thereof. To the extent such waiver is not legally permissible, Entrant shall grant Red Bull the irrevocable right to exercise any moral rights in the Entry on Entrant’s behalf to the fullest extent permitted by law.
(b) No Additional Consideration/Compensation. Entrant shall represent, warrant and acknowledge that neither Red Bull nor its parent companies, affiliates, subsidiaries, distributors, promotional partners and agents, and each of their directors, officers, employees and assigns (all of the foregoing, the “Red Bull Parties”) shall be required to make any payments of any nature to Entrant or anyone else (e.g., royalties, revenue share, profit share, etc.) or reimburse Entrant or anyone else for any costs, expenses or fees related to the development or creation of the Entry or the acquisition, exercise of rights to or exploitation of the Entry pursuant to the rights granted to Red Bull or the Red Bull Parties hereunder.
9. Release: By participating in this Promotion, you (and if you are a minor, your parents or legal guardians) accept all risk and consequences of entry and participation in this Promotion, and agree to release and hold Red Bull North America, Inc. and its affiliates, subsidiaries, directors, officers, shareholders, members, employees, agents, and contractors (the “Red Bull Parties”) harmless from any and all consequences, liability, losses, damages (including without limitation, consequential, punitive, incidental, special or increased damages and those related to personal injury, death or damage to property) and costs and expenses, of any kind, under any legal theory, arising from or related to this Promotion, including but not limited to your entry and participation in this Promotion, the acceptance and/or use (or misuse) of any prize, printing errors, any claims based upon rights of publicity and invasion of privacy. Entrant shall indemnify Red Bull Parties from and against all claims or suits and any damages or costs (including reasonable attorneys’ fees) arising from or relating to entrant’s violation or inaccuracy of any warranties or representations made relating to this Promotion. Red Bull Parties assume no responsibility for errors that may occur in the transmission of an entry. Red Bull Parties are not responsible for any fraud or misconduct on the part of any participants or entrants in this Promotion. Should any participant or entrant engage in fraud or misconduct of any nature, including but not limited to a violation of the Official Rules, such person shall be subject to immediate disqualification. Sponsor reserves the right to terminate, modify or amend the Promotion at any time if the fairness, integrity, and/or proper administration of the Promotion is jeopardized. IN NO EVENT SHALL RED BULL PARTIES BE LIABLE TO ENTRANT FOR ANY LOST PROFITS, OR FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS PROMOTION. Entrant’s sole damages shall be limited to entrant’s actual out of pocket expenses, excluding attorneys’ fees. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND RED BULL PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON- INFRINGEMENT.
10. Limitation on Liability: Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/e-mail submitted to Sponsor. By entering, Entrant agrees to full Official Rules and to decisions of Sponsor, or their designated agent, which are final and legally binding in all respects and further agree that Prize will be awarded upon the condition that Promotion Entities and Promotional Parties shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of a Prize, or participation in this Promotion or participation in or travel to any Promotion related activities and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any Prize. The Promotion Entities and Promotional Parties are not responsible for technical, hardware, software, or telephone failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled, or delayed computer transmissions, whether caused by Sponsor, users or by any of the equipment or programming associated with or utilized in the Promotion or by technical or human error which may occur and/or which may damage a user’s system or limit an Entrant’s ability to participate in the Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. If for any reason this Promotion is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion or any element thereof. In the event of any such termination, Sponsor may attempt to select Potential Winners as described under the section titled “Promotion Winners Selection“ above, using all eligible, non-suspect Entries received as of the date of action requiring such termination. Sponsor further reserves the right, at its discretion, to disqualify any individual who tampers with the entry process. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.
11. Governing Law: By completing the act of entering the Promotion, each Entrant agrees that the Promotion shall be governed by the laws of the State of California, without regard to the conflicts of laws provisions of any jurisdiction, including California’s, if those would apply the law of any state other than California’s. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed and constructed in accordance with the laws of the State of California.
12. Administration: Sponsor is responsible for the collection, submission and processing of entries and the overall administration and execution of the Promotion. Entrants should look solely to Sponsor at its business addresses provided below with any questions, comments or problems related to the Promotion.
13. Copy of Official Rules: For a copy of the Official Rules, please send a stamped, self-addressed envelope to:
Red Bull’s Flugtag Game – “Official Rules” c/o Brandmovers, Inc
P O Box 94079
Atlanta, GA 30377
14. Winner List: For a copy of the Winner List, send a stamped, self-addressed envelope to:
Red Bull’s Flugtag Game – “Winners List” c/o Brandmovers, Inc
P O Box 94079
Atlanta, GA 30377
Winners List will be available after September 22, 2013.
15. Sponsor: Red Bull North America, Inc. having a place of business at 1740 Stewart Street, Santa Monica, CA 90404.