GENERAL TERMS AND CONDITIONS (“TERMS”)
1. This prize draw (“Prize Draw”) is open to residents in EU. For the purposes of this Prize Draw, X-raid GmbH, Adam-Opel-Strasse 4, 65468 Trebur-Astheim Germany has agreed to be appointed as promoter has agreed to be appointed as promoter (“X-raid”).
2. All participants to the Prize Draw must be at least 18 years old. X-raid reserves the right to verify the age of participants. The Prize Draw is not open to: employees, consultants, contractors or agents of X-raid or any of its Affiliates, their families or anyone associated with the Prize Draw.
The main prize consists of: three fan surprise packs.
CHOOSING THE WINNER(S)
3. Entries for the Prize Draw must be received between 11:50 CET on 29th September 2017 and 14:00 CET on 04th October 2017 (“Entry Period”). Only fully and correctly completed entries received during the Entry Period will be accepted for the Prize Draw. X-raid and its Affiliates will not be liable for late entries or entries sent but not received. No product purchase is necessary. The winner will be the one valid entry which name the correct answer: How many MINI ALL4 Racing vehicles in total competed in a Dakar Rally? At the end of the “Entry Period”. If more than one correct answer have been sent in, the winner will be decided by a draw. If there is no correct answer, the valid entry with the closest number to the correct answer will win.
HOW TO ENTER
4. To participate in the Prize Draw, participants shall send an e-mail to firstname.lastname@example.org with the subject “prize draw fan pack” and answer the question: “What was the first cross-country rally won by Mikko Hirvonen?” as close as possible.
5. By entering the Prize Draw, participants agree to take part in any associated publicity relating to the Prize Draw without further consent or payment when required.
6. By entering into the Prize Draw, participants acknowledge that failure to comply with these Terms will result in immediate disqualification.
7. This promotion is not associated with Facebook or Twitter. Facebook and Twitter shall have no liability to any entrant and does not sponsor, endorse or administer this promotion. Information provided during the course of this promotion is given to X-raid and not to Facebook.
8. Any entrant found to have entered the Prize Draw FROM MULTIPLE Facebook or Twitter accounts shall be disqualified. One entry only is permitted per entrant.
9. X-raid will use your personal information, including, without limitation, your name, photo, Facebook id, Twitter id, for the purposes of administering and operating the Prize Draw. Additional personal information will be processed in relation to the winner(s), including, without limitation, the participant’s, age, address (including postcode), mobile phone number, passport details and/or email address and will be used solely in connection with this Prize Draw. X-raid uses a third party service provider to collect the data, administer and operate the Prize Draw on X-raid’s behalf via Facebook and Twitter. Participant agrees to keep his user name and password secure and not to divulge it to any third party. For any queries in relation to how your personal data is processed please contact email@example.com.
10. The Main Prize(s), if won by a participant, must be taken as offered, may not be deferred, is non-transferable and cannot be redeemed for cash.
11. X-raid will notify the winner(s) of the Prize Draw by contacting them via Facebook or Twitter or e-mail. Following receipt of such notification from X-raid, if a winner of the Main Prize Draw accepts the Main Prize awarded to them, they will receive the Main Prizes (in this case, confirmation of prize agenda, and prize specifics) within ten (10) days of having communicated such acceptance to X-raid. If the Main Prizes are declined or unclaimed by a winner of the Prize Draw or if the winner cannot be contacted from the details supplied within five (5) days of first attempting to notify the winner, the Main Prizes will be forfeited. In such circumstances, X-raid reserves the right to award the Main Prizes to another participant, selected in accordance with these Terms. Such winner will be notified by X-raid in the same manner prescribed above. Neither X-raid nor any Affiliate of X-raid shall have any liability to a winner in the event that a winner is unable to take up his Main Prize.
12. Neither X-raid nor any of its Affiliates will be liable if the Main Prizes or any parts of the Main Prizes do not reach the Main Prize winners for reasons beyond the control of X-raid and/or its Affiliates or if the Main Prizes or any part of the Main Prizes is damaged or destroyed during delivery.
13. Main Prize winners may be required as a condition of winning and redeeming a prize, to submit a liability release and/or publicity release and/or any other applicable forms required by X-raid, its Affiliates and/or any other authority. Failure to do so may result in the disqualification and forfeiture of the stated prize.
14. If, for any reason, the internet-based entry to the Prize Draw is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of X-raid which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Prize Draw, X-raid reserves the right, at its discretion, to cancel, terminate, modify or suspend the Prize Draw.
15. Neither X-raid nor any Affiliate of X-raid has any control over communications networks and shall not be responsible for entries lost in transmission, or received late due to high online traffic levels, for technical malfunction or otherwise.
16. X-raid reserves the right to screen the winner(s),
17. X-raid may withhold the Main Prizes if it considers in its absolute discretion that: the participant does not meet the eligibility criteria; is in breach of the Terms; or has acted contrary to the requirement of good faith.
18. Nothing in these Terms shall be construed as limiting or excluding X-raid’s liability for fraud, death or personal injury caused by X-raid’s negligence, or any other liability to the extent the same may not be excluded as a matter of law.
19. Subject to clause 19, participation in the Prize Draw and subsequent use of the Main Prizes by the winners of the Main Prizes, is at the participant’s OWN RISK. The winners must follow any safety instructions given to them by any third party, X-raid or its Affiliates while using any Main Prizes awarded to them in the Prize Draw. Subject to clause 19, neither X-raid nor any of its Affiliates, directors, or employees will be liable for any direct, indirect, special, consequential or other costs, expenses (including legal expenses), losses or damages whatsoever of any kind arising out of or in connection with, (a) access to or use of the website or any information contained in it; (b) the Prize Draw, including, without limitation, any loss arising out of the participant not being eligible to enter or able to enter due to any technical malfunction or communication failure; or (c) the Main Prize, including, without limitation, in relation to the use or ownership of the Main Prize.
20. Use of Main Prizes provided by any third party shall be governed by the terms and conditions of any separate agreement with that third party. Subject to clause 19, X-raid and its Affiliates assume no liability whatsoever in relation to any third party provided Main Prizes, even if X-raid or its Affiliates have been advised of the possibility of such damages or can anticipate such damages. Third party provided Main Prizes must be used in accordance with all applicable safety standards and may be subject to height and weight restrictions.
21. Subject to clause 19, X-raid does not accept responsibility for the acts and omissions of third parties.
22. X-raid may, at its sole discretion and at any time, suspend or disqualify a participant, reject any application, amend the Terms or any of them, cancel the Prize Draw (either in whole or for residents of a specific country or territory) substitute the Prizes and/or withdraw the Prizes, by reason of any event of force majeure. Participants agree that no liability shall attach to X-raid or any Affiliate of X-raid as a result of an event of force majeure and that the exercise of such discretion by X-raid shall not result in any compensation being payable or paid to any participant or other person. In these Terms, the expression “event of force majeure” shall mean any event affecting the performance of the Prize Draw or any provision of these Terms arising from or attributable to acts, events, omissions or accidents which are beyond the reasonable control of X-raid and/or its Affiliates, including without limitation, any abnormally inclement weather, flood, lightning, storm, explosion, earthquake, subsidence, structural damage, epidemic or other natural physical disaster, failure or shortage of power supplies, war, military operations, riot, crowd disorder, strike, lockouts or other industrial action, terrorist action, civil commotion, by reason of any legislation, regulation, ruling or omissions (including failure to grant any necessary permissions) of any relevant government, court or any competent national or international authority.
23. Details of the name, county and country of the winner of the Prize Draw will be available for a four (4) week period after the 7th of July 2016. For such details send a self-addressed stamped envelope to: X-raid GmbH, Adam-Opel-Strasse 4, 65468 Trebur-Astheim Germany has agreed to be appointed as promoter during this four-week period. Proof of entry is not automatically proof of receipt by X-raid. Spammers of any X-raid owned or branded website will be disqualified.
24. In the event that a participant wishes to complain they should contact X-raid by email at: firstname.lastname@example.org
25. Any tax which a participant may be required to pay under the laws of any relevant jurisdiction on any Main Prizes awarded pursuant to the Prize Draw shall be the responsibility of that participant.
26. All trade marks, text, images, and logos relating to X-raid or third parties involved in this Prize Draw and used in relation to it, are the exclusive property of X-raid or those third parties and participation in the Prize Draw does not confer any rights to a participant in or over or grant any right to use these.
27. If any of these Terms are determined to be illegal, invalid or otherwise unenforceable, then the remaining terms and conditions shall continue in full force and effect.
28. These Terms and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with German law without regard to its conflict of laws principles. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Disputes arising out of or in connection with either the Prize Draw or these Terms shall be subject to the exclusive jurisdiction of the courts in Darmstadt, Germany to the extent legally possible.