RED BULL SHOP

TERMS OF PARTICIPATION FOR THE MOST WONDERFUL STYLE OF THE YEAR CAMPAIGN

TERMS AND CONDITIONS FOR THE RED BULL SHOP MOST WONDERFUL STYLE OF THE YEAR CAMPAIGN (“PROMOTONS/CONTEST”) NO PURCHASE OR OTHER CONSIDERATION NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

This Promotion is free of charge and only subject to the present Terms and to all applicable international, federal, state, provincial, local and regional laws and regulations.

For general questions arising out of these Terms and/or related to this Promotion, please contact social@redbullshop.com

By entering and participating in these Promotions/Contests, you ("Participant", “Entrant” or “you”) agree to be bound by these Terms and represent that you satisfy all of the eligibility requirements below.

FOR SOUTH AFRICA: If You are a consumer, as defined in the Consumer Protection Act 68 of 2008 (‘Consumer Protection Act’) the Organizer (as defined below) has a duty to point out certain important terms to you. The paragraphs which contain these important terms and the reasons why they are important are set out below:

a. Limitation of the Organizer’s liability: Clauses 1, 2, 3 and 9 are important because they limit and exclude obligations, liabilities and legal responsibilities which the Organizer may otherwise have had towards You. They also limit and exclude Your rights and remedies and places various risks, liabilities, obligations and legal responsibilities on You.

b. Assumption of risk: Clauses 1, 2,3 and 9 are important because they contain assumptions of risk by You and may limit Your rights and remedies against the Organizer.

c. Acknowledgment of fact: Clauses 2 and 6 are important because they each contain an acknowledgement of fact by you. You must read each paragraph carefully because they set out how monies are held on your behalf.

d. Indemnity: Clause 9 requires You to indemnify and hold the Organizer harmless against claims that may be made against the Organizer in certain circumstances. This may place various risks, liabilities, obligations and legal responsibilities on You and the Organizer may claim payment from You of the amount of these claims.

1. THE ORGANIZER

This Promotion is run by AlphaTauri GmbH whose registered office is located at Halleiner Landesstraße 34, 5061 Glasenbach-Elsbethen, Austria (“Organizer”).

2. ELIGIBILITY

2.1 You represent and warrant that you are 18 years of age (or over the age of majority for your jurisdiction) or older at the time of participation.

2.2 Persons under the age of 18 are not allowed to participate in this Promotion or transmit or otherwise submit personal data (all data relating to You, such as Your contact details, Promotion responses and photographs) to the Organizer. It is voluntary to provide us with Your personal data; however, You will not be able to enter the Promotion if You do not supply all required personal data.

2.3 FOR JAPAN: If under the age of 20, you agree that you are participating in the 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 on your behalf. Organizer 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 your responsibility.

2.4 The Promotion is open to, and these Terms apply to residents of all countries, with the exception of: USA, Canada. Please note that the Organizer is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws.

2.5 The Organizer 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 these Promotions/Contests whatsoever. The Organizer is not liable if a Participant injures him/herself while performing actions with regard to this Promotion.

2.6 Directors, officers and employees of Organizer, 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 win any prizes in this Promotion. The Organizer shall verify these conditions consulting its database at the time of the selection. FOR MEXICO: Directors, officers and employees of the Organizer, its parent, and any of their respective affiliate companies, subsidiaries, agents, any company involved in the development or production of the Promotion, professional advisers, third party service providers or advertising and promotional agencies involved with this Promotion are not eligible to enter or win any rewards in this Promotion.

2.7 More than one entry per person is allowed. Further, only natural persons and non-entrepreneurs are allowed to participate.

2.8 Please note that the official language will be English and that all interactions with the Organizer, including these Terms, the registration and further instructions in the course of this Promotion, will generally be in English language. Any translations are provided as a matter of courtesy only.

2.9 The Organizer will not accept entries that are: (a) automatically generated by computer; (b) completed by third parties (on Your behalf) or in bulk; (c) illegible, have been altered, reconstructed, forged or tampered with; or (d) incomplete. The Organizer reserves the right to verify the email address provided to Organizer 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. You must not enter this Promotion through the use of multiple email accounts or social media accounts. If it becomes apparent that You have used multiple email accounts or social media accounts to circumvent this rule all Your entries will be disqualified.

3. RULES OF THE GAME AND OF PARTICIPATION

3.1 The participation in the Promotion is only possible via Instagram. For the participation in the Promotion, an Instagram account is required. In order to successfully enter the Promotion, you will have to follow the given instructions step by step, which includes providing the data that is requested in order to register (e.g. name and email address). Furthermore, if you register via social sign-in e.g. Facebook, Twitter or Google+, additional information (e.g. age or location) may be provided to us.The Promotion is not linked to Instagram and is not sponsored, endorsed or administered by, or associated in any way with Instagram. Your use of Instagram is subject to Instagram´s terms and conditions. The Organizer disclaims any liability should you fail to comply with Instagram´s terms and conditions.

3.2 This promotion starts on Wednesday 1st of Novmerber. 2022, until 31st of December, 2022 at midnight CET.
- Share your style with us by tagging @redbullshop and #WinterWonderStyle in your post for the chance to win one of 5x100 Euro Gift Cards for redbullshop.com

3.3 Entries received by the Organizer outside the Contest Periods will not be considered and will have no entitlement whatsoever pursuant to these Terms.

4. THE SELECTION PROCESS AND THE REWARDS

4.1 The winners will be selected randomnly from the uploaded posts on Janruary 1st, 2023.

4.2 The winner of the Promotion will be informed via Instagram direct message. You can claim your prize by sending us your full name and email address the digital Gift Card shall be delivered to. The contact details you provide will be used to notify you and deliver the prize, so please make sure they are correct. The Organizer will not use the contact details provided for any other purpose than for contacting the winners and sending the price (unless the data was provided for other purposes as well).

4.3 The Organizer undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.

4.4 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. If you are disqualified, the Organizer is under no obligation to publish this fact.

4.5. Participating in the Promotion you can win:
- 1 of 5x100 Euro Red Bull Shop Gift Cards

4.6 The prizes will be delivered via email to the respective email address we’ll receive from the winners of the promotions/contests.

4.7 The sponsor reserves the right to replace any or all prizes with prizes of a similar value.

4.8 Please note that costs will be reimbursed for the participation in the Promotion.

4.9 A winner may reject any prize awarded to him/her.

4.10 To the extent permitted by applicable local law, 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). 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.

4.11 No cash alternatives will be provided and prizes are non-transferable and non-refundable.

4.12 In case the winner does not claim his/her prize by January 10th, 2023 23:59 CET, he/she will have forfeited the prize and the Organizer reserves the right to determine an alternate winner based on a second selection by chance.

5. ORGANIZER’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY

5.1 To the extent permitted by law, and without affecting Your staturoy rights, if in the Organizer’s opinion the Promotion is compromised by any event beyond Organizer’s control, Organizer reserves the right to modify, terminate, amend or extend the Promotion (including the Terms) 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). You should check our website regularly for any changes which will apply from the date that they are uploaded.

5.2 At any time during the Promotion, the Organizer reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms (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 6 of these Terms) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winner is disqualified, the prize will be forfeited and/or may be awarded to an alternative winner, who will be selected by chance from the pool of all correct answers.

5.3 The Promotion will be run at Organizer’s sole discretion. Organizer’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.

6. FAIR PLAY

6.1 You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.

6.2 You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 2. and 3. of these Terms associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms 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.

6.3 You confirm and are responsible that your entry does not:
- contain material that violates or infringes another’s rights or reflects a political statement, including but not limited to privacy, publicity or intellectual property rights;
- contain brand names or trademarks, other than (i) those of Organizer, which you have a limited license to use for the sole purpose of this Promotion;
- contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use;
- contain material that is offensive, distasteful, dangerous, inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous or libelous;
- contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the entry is created.

6.4 In case of an infringement of sections 6.2 and/or 6.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.

7. GRANT OF RIGHTS

7.1 You may submit the material, where applicable, to the Organizer in connection with the Promotion (collectively, the “Entry Materials”). Entry Materials may contain You, (or another's) voice, image, photograph, statements, biographical information, performances, name and likeness and other user-generated content.

7.2 As consideration for Your participation in this Promotion and the opportunity for You to win a reward, You will assign to the Organizer all rights as set forth in the applicable law and to Entry Materials to the broadest extent possible and shall execute all public or private instruments that might be requested for this purpose, as a condition to participate in the Promotion FOR JAPAN: including, but not limited to, the rights set forth in Article 27 and 28 of the Japanese Copyright Law and shall execute the public and/or private instruments requested in this regard, which is an essential condition to participate in the Promotion. To the extent that rights are not assignable, You grant to the Organizer a worldwide, unlimited, for Italy and Colombia valid for 25 years and for Brazil valid 1 year, exclusive, royalty-free, transferable licence to use the Entry Materials for the purposes of this Promotion, including but not limited to the display on any and all Organizer and its affiliates’ websites, including social media websites. The Organizer does not guarantee any confidentiality with respect to Entry Materials. Subject to any licence, You grant herein, any and all Entry Materials that You upload, store, transmit, submit, exchange or make available to the website is generated, owned and controlled solely by You, and not by the Organizer. It is solely Your responsibility to monitor and protect any intellectual property rights that You may have in Your Entry Materials, and the Organizer does not accept any responsibility for the same. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.

7.3 You represent and warrant that all necessary rights, permissions, consents and moral rights’ waivers (in the broadest extent permitted by applicable laws) have been duly and effectively obtained from any performer, presenter, contributor or other person involved in the Entry Materials or rights, services or facilities in connection with it.

7.4 To the extent permitted by applicable law, reward recipients may be requested to take part in promotional activity and the Organizer reserves the right to use the names and addresses of reward recipients, their photographs and audio and/or visual recordings of them in any promotional material to the extent each reward recipient agrees. The Organizer will seek the consent of the reward recipient, where required. You expressly acknowledge that You and any person who appears in the Entry Materials have the right to decline use of the Entry Materials for marketing material.

8. COLLECTION OF INFORMATION & DATA PROTECTION

8.1 Information about how the Organizer may collect, process and store Your Personal Data for the Promotion and otherwise, can be found within our Privacy Policy here.

8.2 For questions of data usage by Instagram, please refer to help.instagram.com/478745558852511.

8.3 FOR AUSTRALIA: Red Bull Australia Pty Limited ABN 67 085 840 259 (Red Bull) collects your personal information for the purposes of administering events, consumer activations, competitions, promotions, websites and apps, improving our business practices, services and products, addressing complaints about Red Bull or its affiliates, to provide you with the best experience possible with using our websites and apps, ensuring your safety and to provide you with information about our products, events and other activities (“Purpose”). Your personal information will be retained by Red Bull in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth) as well as any other applicable privacy laws. Red Bull may also collect, use and disclose your sensitive information including your health information; however, Red Bull will only do so with your consent. Red Bull may use your personal information to send you direct marketing materials; however, Red Bull will only do so with your consent. If you do not provide your personal information Red Bull will not be able to enter you into promotions, register you for events, provide you with products, contact you about future events and our products, contact you about a complaint you may have made or continue to improve the experiences and services provided to you. Red Bull may provide your personal information to Red Bull’s related entities and third parties in relation to the Purpose, who may be located in Australia or other countries (including Europe, the United States or Singapore) but if we do so we take steps to ensure that your privacy is respected. For further information, including how you can access and correct the personal information we hold about you or to make a privacy complaint, please see our Privacy Policy or contact Red Bull via the Data Privacy form. FOR HONG KONG: Red Bull Hong Kong Limited, business registration number 51346958-000-10-16-2 (Red Bull) collects your personal information for the purposes of administering events, consumer activations, competitions, promotions, websites and apps, improving our business practices, services and products, addressing complaints about Red Bull or its affiliates, to provide you with the best experience possible with using our websites and apps, ensuring your safety and to provide you with information about our products, events and other activities (”Purpose”). Your personal information will be retained by Red Bull in accordance with the Data Privacy Principles and the Personal Data (Privacy) Ordinance (Cap. 486). Red Bull may use your personal information to send you direct marketing materials; however, Red Bull will only do so with your consent. If you do not provide your personal information Red Bull will not be able to enter you into promotions, register you for events, provide you with product, contact you about future events and our products, contact you about a complaint you may have made or continue to improve the experiences and services provided to you. Red Bull may provide your personal information to Red Bull’s related entities and third parties in relation to the Purpose, who may be located in Hong Kong or other countries (including Europe, the United States, Australia or Singapore) but if we do so we take steps to ensure that your privacy is respected. Red Bull will only disclose Personal Data to Red Bull’s related entities or to third party data processors as is necessary in order to fulfil the Purpose. Red Bull and Red Bull’s related entities will take appropriate security measures to protect your Personal Data. For further information, including how you can access and correct the personal information we hold about you or to make a privacy complaint, please see our Privacy Policy or contact Red Bull via the Data Privacy form. FOR NEW ZEALAND: Red Bull New Zealand Limited (Company Number 1179756) (“Red Bull”) collects your personal information for the purposes of administering events, consumer activations, competitions, promotions, websites and apps, improving our business practices, services and products, addressing complaints about Red Bull or its affiliates, to provide you with the best experience possible with using our websites and apps, ensuring your safety and to provide you with information about our products, events and other activities (“Purpose”). Your personal information will be retained by Red Bull in accordance with the Information Privacy Principles and the Privacy Act 1993. Red Bull may use your personal information to send you direct marketing materials; however, Red Bull will only do so with your consent. If you do not provide your personal information Red Bull will not be able to enter you into promotions, register you for events, provide you with product, contact you about future events and our products, contact you about a complaint you may have made or continue to improve the experiences and services provided to you. Red Bull may provide your personal information to Red Bull’s related entities and third parties in relation to the Purpose, who may be located in New Zealand or other countries (including Europe, the United States, Australia or Singapore) but if we do so we take steps to ensure that your privacy is respected. For further information, including how you can access and correct the personal information we hold about you or to make a privacy complaint, please see our Privacy Policy or contact Red Bull via the Data Privacy form. FOR SINGAPORE: Red Bull Singapore Pte Ltd (Red Bull) collects your Personal Data for the purposes of administering events, consumer activations, competitions, promotions, websites and apps, improving our business practices, services and products, addressing complaints about Red Bull or its affiliates, to provide you with the best experience possible with using our websites and apps, ensuring your safety and to provide you with information about our products, events and other activities (Purpose). Red Bull may use your Personal Data to provide you with information about Red Bull’s products, events and other promotions but only where you have consented to receive this information. Your Personal Data will be retained by Red Bull in accordance with the Personal Data Protection Act 2012 (“Privacy Act”) and other relevant privacy laws. Red Bull may use your personal information to send you direct marketing materials; however, Red Bull will only do so with your consent. If you do not provide the requested Personal Data Red Bull will not be able to enter you into promotions, register you for events, provide you with product, contact you about future events and our products, contact you about a complaint you may have made or continue to improve the experiences and services provided to you. Red Bull may provide your Personal Data to Red Bull’s related entities and third party data processors in relation to the Purpose (where you have consented to such disclosure), who may be located in Singapore or other countries (including but not limited to Europe, Australia and the United States) but if we do so we take steps to ensure that your privacy is respected. Red Bull will only disclose Personal Data to Red Bull’s related entities or to third party data processors as is necessary in order to fulfil the Purpose and where you have consented to such disclosure. Red Bull and Red Bull’s related entities will take appropriate security measures to protect your Personal Data. For further information, including how you can access and correct the Personal Data we hold about you or to make a privacy complaint, please see our Privacy Policy or contact Red Bull via the Data Privacy form. FOR PERU (if participating): You may, under the applicable local laws, be entitled to request information about the locations where the databases that store your personal data are located. FOR JAPAN: Red Bull collects the Participant’s personal information for the purposes of administering this promotion and to advise him or her of Red Bull products and future events (“Purpose”). The Participant’s personal information will be retained by Red Bull in accordance with the Japanese Act of Protection of Personal Information and any other applicable privacy laws. If the Participant does not provide the personal information Red Bull will not be able to enter the Participant into the Promotion or provide the Participant with information about Red Bull products and future events. Red Bull may provide the Participant’s personal information to Red Bull’s related entities and third parties in relation to the Purpose, who are located in Japan, Europe, the United States or Singapore but if Red Bull does so Red Bull takes steps to ensure that the Participant’s Personal Information is protected. For further information, including how the Participant can access and correct the personal information Red Bull holds about the Participant or to make a privacy complaint, please see Red Bull’s Privacy Policy or contact Red Bull via email at privacy@redbull.com. FOR RUSSIA: The Organizer collects your personal data for the purposes of administering this Promotion and to advise You of Red Bull products and future events (“Purpose”). Your personal data will be retained by the Organizer in accordance with the Federal Law of 27 July 2006 N 152-FZ ON PERSONAL DATA and any other applicable privacy laws. The Organizer may provide Your Personal Data to Red Bull’s related entities as specified at https://policies.redbull.com/policies/RedBull.com_Russia/201807111103/ru/affiliates.html in relation to the Purpose, who are located all over the world but if the Organizer does so, it will take steps to ensure that your Personal Data is properly protected.

9 LIABILITY AND WARRANTY

9.1 FOR UNITED KINGDOM: Notwithstanding anything to the contrary hereunder, Organizer does not limit or exclude its liability in respect of any death or personal injury caused by its negligence or any fraud.

9.2 Insofar as is permitted by law, the Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the reward recipient 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 reward. NOT FOR UNITED KINGDOM: Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Your statutory rights are not affected FOR AUSTRALIA (if participating): (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010); FOR CHILE: (including the Consumer Guarantees under Consumer Rights’ Protection Law – Law n. 19.496). FOR FRANCE: In case the reward is a good or service offered by a third party, the responsible or liable company in case of direct damages is the entity providing the service or good. Under any circumstances, the Organizer shall not be held responsible for damage caused by a third party.

9.3 The Organizer 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. NOT FOR UNITED KINGDOM: unless such loss arises from the Organizer’s or the Red Bull Group’s failure to respect its contractual and legal obligations, in which case the Organizer still limits its liability for the abovementioned situations to the extent allowed by applicable law.

9.4 The Organizer and the Red Bull Group 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; reward notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.

9.5 There is no legal right to participate in this Promotion. The Organizer is not responsible if You are unable to participate in the Promotion for any reason.

9.6 Subject to clause 9.1 (FOR UNITED KINGDOM), the Organizer is not liable if You injure Yourself while performing actions with regard to this Promotion. 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.

9.7 In no event shall the Organizer and the Red Bull Group be responsible or liable for any failure or delay in the performance of its obligations under these Terms 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.

9.8 FOR AUSTRALIA (if participating): The Participant’s statutory rights are not affected (including the Consumer Guarantees under Schedule 2 of the Competition and Consumer Act 2010). FOR JAPAN (if participating): In case a legal minor Participant wins a prize and if the acceptance/usage of such prize requires the approval of a Guardian, the Organizer is entitled to determine an alternate winner in case no such approval is given. Neither the Participant nor the Guardian has any rights or claims regarding the Organizer’s decision. FOR RUSSIA (if participating): The Organizer hereby informs the reward recipient that, in accordance with the provisions of the Tax Code of the Russian Federation, the value of all rewards received from organizations exceeding 4,000 (four thousand) Russian rubles for the reporting period (calendar year), including those received in kind, is included in the tax base on personal income tax. By participating in the Promotion and agreeing with these Terms, the Participants, including the Winners, are duly informed of the above rule of the Russian tax legislation.

9.9 To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.

10. GENERAL

10.1 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.

10.2 These Terms will be governed by the laws of Austria. and any disputes will be subject to the non-exclusive jurisdiction of the courts of Austria, Vienna Inner City. FOR JAPAN: These Terms shall be governed by and construed in accordance with the laws of Japan and the parties submit to the non-exclusive jurisdiction of the Tokyo District Court. FOR RUSSIA: These Terms shall be governed by and construed in accordance with the laws of the Russian Federation. All disputes arising out of or in connection with these Terms should firstly be tried to be settled amicably. If not, the disputes shall be settled by the courts competent for the address of the Organizer.

10.3 FOR CHILE: These terms and conditions are filed before the Notary of Santiago.