TERMS AND CONDITIONS

PROJECT “RED BULL FIT - TRAIN LIKE AN ATHLETE”

NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE CHANCES OF WINNING.

USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS PROMOTION. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.

This Promotion is run by RED BULL NEW ZEALAND LTD (Company Number 1179756) ("Sponsor" or "Red Bull") whose registered office is located at 27 Mackelvie St, Grey Lynn, Auckland as well as its affiliated companies.

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

For general questions arising out of these Terms & Conditions and/or related to this Promotion, please contact 09 378 5481.

By entering and participating in this Promotion, you agree to be bound by these Terms & Conditions and represent that you satisfy all of the eligibility requirements below.

1. ELIGIBILITY

   1. In order to enter this Promotion and be eligible to win a prize, you confirm that you ("Participant", “Entrant” or “you”) satisfy the following eligibility criteria:
   2. under the age of 16 or under the age of majority for your jurisdiction, you are participating to this 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 & Conditions on your behalf. In such a case, a written approval from both the Entrant and the Guardian is mandatory. Due to the fact that the participation is web and smartphone-based, Red Bull 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 the responsibility of Entrant.
   3. Persons under the age of 16 are not allowed to participate in this Promotion or transmit or otherwise submit personal information to Red Bull.
   4. You are not allowed to participate if your residence is outside New Zealand. Please note that Red Bull is not liable in case Participants are not legally allowed to take part in the Promotion due to national or local laws.
   5. You are not allowed to participate if you have ever had a spinal injury or you have a pre-existing heart condition, or any current injury that will prevent you from safely carrying out physical tasks and exercises.
   6. any or all of the described tasks; there is no legal right to participate in this Promotion whatsoever. Red Bull is not liable in case a Participant injures him-/herself while performing actions with regard to this Promotion.
   7. 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 enter or win any prizes in this Promotion.
   8. Multiple entries are allowed. Further, only natural persons and non-entrepreneurs are allowed to participate.
   9. Sponsor reserves the right to verify the email address provided to Sponsor 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.

2. PROMOTION PERIOD

   1. March 2018. There will be six separate prize draws across the promotional period, each draw being a different athlete workout, on a different date, in a different location. Entrants will need to submit their entry form for their preferred athlete workout via the www.redbullfit.co.nz microsite and answer two health screening questions, then each prize draw will be drawn the week prior to the activation.
      1. PRIZE DRAW ONE: 11:00am on Friday 16th February 2018
      2. PRIZE DRAW TWO: 11:00am on Monday 5th of March 2018
      3. PRIZE DRAW THREE: 11:00am on Friday 16th March 2018
      4. PRIZE DRAW FOUR: 11:00am on Friday 30th March 2018
      5. PRIZE DRAW FIVE: 11:00am on Friday 6th April 2018
   2. Entries received by Red Bull outside this Promotion Period will not be considered and will have no entitlement whatsoever pursuant to these Terms & Conditions.
   3. Prize winners will be determined by random selection, upon meeting the mandatory health related criteria set out in the entry form. If winners are deemed unfit for participation due to injury or pre-existing health condition such as a heart condition or spinal injury, they will be withdrawn. Red Bull is not liable in case a Participant does not disclose this information and injures him-/herself while performing actions with regard to this Promotion.

3. RULES OF THE GAME AND OF PARTICIPATION

   1. in, and provide their Full Name, Email, D.O.B, Mobile Phone, and truthfully answer two health related questions to enter. Due to the physical nature of this promotion, Red Bull will not accept entries where the entrant has confirmed that they have had a previous spinal injury or that they have a pre-existing heart condition.
   2. placed in a pool, where the winners will be selected by random draw by the web developers. Only by following the described procedure will Entrant be eligible to enter the competitive phase (“Competition”) of the Promotion.

4. THE SELECTION PROCESS

   1. Winners will be determined by random draw by the website developers.
   2. The winners will be notified by phone call or email from a Red Bull New Zealand Representative by 5:00pm on the day of the draw.
   3. Red Bull undertakes to use reasonable efforts to maintain adequate hardware and software service for the Promotion and 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; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter the Competition, whether the entry is lost, not submitted, wrongly processed or does not win.
   4. Red Bull also undertakes to ensure transparency and to log the selection process appropriately in order for the results to be verified.
   5. 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.
   6. If you are disqualified, Red Bull is under no obligation to publish this fact.
   7. The contact details you provide with your Competition entry will be used to notify you of any prizes; please make sure they are correct.

5. THE PRIZES

   1. enter as many times as they like. Once each prize draw is complete and the prize awarded, that particular athlete workout will be removed from the drop down list on the microsite, leaving only the remaining available prize dates for selection.
      1. PRIZE DRAW ONE: Drawn on Friday 16th February 2018, the first 10 drawn winners will be awarded the opportunity for them and a friend (2x spots) to join a group fitness session with Red Bull NZ athletes Alex Maloney & Molly Meech at Westhaven Marina, Auckland City, on Saturday February 24th 2018.
      2. PRIZE DRAW TWO: Drawn on Monday 5th of March, the first 10 drawn winners will be awarded the opportunity for them and a friend (2x spots) to join a group fitness session with Red Bull NZ athlete Kayla Cullen in Auckland City, on Saturday March 10th 2018.
      3. PRIZE DRAW THREE: Drawn on Friday 16th March, the first 10 drawn winners will be awarded the opportunity for them and a friend (2x spots) to join a group fitness session with Red Bull NZ athlete Kehu Butler in Mount Maunganui, on Saturday March 24th 2018.
      4. PRIZE DRAW FOUR: Drawn on Friday 30th March, the first 10 drawn winners will be awarded the opportunity for them and a friend (2x spots) to join a group fitness session with Red Bull NZ athlete Brook Macdonald in Auckland City, on Saturday April 7th 2018.
      5. PRIZE DRAW FIVE: Drawn on Friday 6th April, the first 10 drawn winners will be awarded the opportunity for them and a friend (2x spots) to join a group fitness session with Red Bull NZ athlete Braden Currie in Auckland City, on Saturday April 14th 2018.
   2. Red Bull reserves the right to change dates and locations of athlete workouts to another date in February or March 2018 if athlete becomes suddenly unavailable due to travel or competition commitments.
   3. Red Bull reserves the right to replace any or all prizes with prizes of a similar value.
   4. Please note that no travel or other costs will be reimbursed for the participation in the Promotion except for those expressly mentioned in these Terms & Conditions. Winners will be expected to organise their own travel arrangements to and from the locations where their particular prize activation will take place.
   5. 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.
   6. No cash alternatives will be provided and prizes are non-transferable and non-refundable.
   7. In case the winner does not claim his/her prize within 24 hours he/she will have forfeited the prize and Red Bull reserves the right to determine an alternate winner based on another automated selection from the www.redbullfit.co.nz microsite.
   8. The Promotion will be run at Sponsor’s sole discretion. Sponsor’s decision in relation to all matters in connection with the Promotion is final, and no correspondence will be entered into.

6. SPONSOR’S RIGHT TO CHANGE THE TERMS & CONDITIONS AND TO DISQUALIFY

   1. Sponsor reserves the right to change the Promotion rules and these Terms & Conditions from time to time and such changes will be available on www.redbullfit.co.nz.
   2. If in Sponsor’s opinion the Promotion is compromised by any event beyond Sponsor’s control, Sponsor reserves the right to modify, terminate, amend or extend the Promotion 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).
   3. At any time during the Promotion, Sponsor reserves the right in its sole discretion to disqualify and remove any Entrant for any failure to observe these Terms & Conditions (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 7 of these Terms and Conditions) or where applicable any other kind of illegal or inappropriate behavior. In the event that a winning Entrant is disqualified, the prize will be forfeited and/or may be awarded to another winner who will be selected at random from the microsite.

7. FAIR PLAY

   1. You hereby confirm that the personal data you enter in connection with the Promotion is accurate and up to date.
   2. You hereby warrant and represent that you personally performed and otherwise participated in the Promotion to meet the criteria set out under sections 3 and 4 of these Terms & Conditions associated with your entry or by your own creation of other materials such as user generated content as specified in these Terms & Conditions 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.
   3. You confirm and are responsible that your entry does not:
      • contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights;
      • contain brand names or trademarks, other than (i) those of Sponsor, which you have a limited license to use for the sole purpose of creating and uploading your entry, and/or (ii) those that you own, which you agree to license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis, or have license to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
      • contain copyrighted material not created by you, other than material that you have necessary rights, consents and permissions to use and sub-license to Sponsor on a royalty-free, irrevocable, perpetual, non-exclusive basis in connection with the entry;
      • contain material that is 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.
   4. In case of an infringement of sections 7.2 and/or 7.3 above, you shall defend and indemnify Sponsor against, claims of infringement based on intellectual property rights.

8. GRANT OF RIGHTS

   1. The Entrant hereby assigns and grants to the Sponsor including its parents, subsidiaries, affiliates and partners any and all rights, title and interest in and to all entries and materials submitted to Sponsor in connection with any Promotion, including your voice, image, photograph, statements, biographical information, performances, name and likeness and including any user generated content (collectively, "Entry Materials") under current and future law to the broadest extent possible according to applicable law. To the extent that rights are not assignable, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use. This includes in particular but is without any payment or notice to the Entrant. If a court or any other authority finds that the exclusive grant above is not fully effective for any reason, the Entrant hereby grants to the Sponsor the irrevocable, worldwide, perpetual, non-exclusive, transferable and unlimited rights (unlimited in terms of territory, time or purpose) to copy, distribute, transmit, publish, perform, display, make derivative works from, exploit, and otherwise use the Entry Materials in any known or yet unknown kind of use without any payment or notice to the Entrant. Entrant waives any and all moral rights (sometimes referred to as “droit moral” or similar terms) in the Entry Materials in favor of Sponsor. The conveyances and licenses in this section include in particular but are not limited to the following rights: the broadcasting right, the right of making available to the public (download/on-demand-rights), the film theatre right (cinematic/exhibition right), the video rights, the right of distribution and copying, the right of alteration and dubbing, the right of promotion, the merchandising right, the publishing right and the stage drama, radio drama and audio/talking book rights. Furthermore, the Sponsor acquires the right to make any alterations, intermissions, deletions, cuts or other modifications in and to the Entry Materials and the exclusive right to exploit such altered version in any matter. The Sponsor and its parents, subsidiaries, affiliates and partners shall be enabled to exploit the Entry Materials without any limitations and regardless of the medium via which the exploitation takes place. Sponsor is however not obliged to make use of these rights.
   2. Sponsor is further irrevocably entitled to assign the rights entirely or in part to any third parties and to grant any sublicenses respectively rights of exploitation and/or exploitation permissions or to exercise the rights in its own name or through third parties.
   3. The sole consideration for this comprehensive assignment and grant of rights shall be to get the chance to win a prize in the Promotion.
   4. Sponsor including its affiliated companies and partners may be required to request you to enter into a separate license agreement permitting Sponsor to use the Entry Materials for reasonable promotional, administrative or other purposes beyond the reasonable expectation of the Entrant.

9. COLLECTION OF INFORMATION & DATA PROTECTION

   1. In the following, the term “Personal Data” describes all data relating to you, such as your contact details, Competition responses and photographs. Sponsor reserves the rights to use and publish data pursuant to these Terms.
   2. You hereby confirm that the Personal Data you enter in connection with the Promotion is accurate and up to date.
   3. By accepting the Terms, you agree that Sponsor may process your Personal Data itself, within the Red Bull Group or through outside data processors who will process data on its behalf. Your Personal Data will be used for the following purposes:
      • to facilitate the consumer activation, e.g. to run the Competition and contact winners to award a prize;
      • to combine the information we receive from consumer activations with information from other sources, such as information you have previously given to us; information we have automatically collected about you (e.g. through cookies); and information we have received from other sources (e.g. social media). We may use this information and the combined information for learning more about your preferences as our customer, for enhancing your user experience on our Websites and for providing you with information, content and offerings tailored to your needs.
   4. In cases in which Sponsor transmits Personal Data to an outside data processor in connection with the Promotion, Sponsor will only transmit as much Personal Data as is necessary in order to fulfil its tasks set out under these Terms.
   5. Since Sponsor operates globally, this may mean Sponsor could transfer your Personal Data to other countries which may not provide the same level of data protection as your jurisdiction. By submitting information to us, you agree to the storing, processing and/or transfer of data within, to or from other countries, including countries outside of the European Economic Area or your local country.
   6. Sponsor, its affiliated companies and its mandated data processors shall process your Personal Data securely and take appropriate security measures to protect the Personal Data.
   7. Sponsor does not knowingly collect information from persons below the eligible entry age of the Promotion.
   8. Sponsor and its contractors may contact you via electronic messages, social media, phone or otherwise in relation to the Promotion.
   9. You may, under local applicable law, have the opportunity to request the amendment and/or the deletion of your Personal Data.
   10. At any time, you may, also under local applicable law, have the right to access information about the Personal Data the Sponsor holds about you and object to its processing.
   11. You can contact Sponsor with regard to a question, concern, request or complaint about our Privacy Policy or our handling of your information by email at privacy@redbull.com . Alternatively, you may call 09 378 4581 or email bex.gower@redbull.com

10. LIABILITY AND WARRANTY

    1. Sponsor is liable in accordance with statutory law (a) for damages arising as result of an injury to life and/or health; (b) in case of intent; (c) in case of gross negligence if the Entrant is a consumer according to applicable consumer protection law; and/or (d) in case Sponsor is in breach of the requirements of statutory regulations on product liability (if applicable).
    2. Without limiting the aforementioned, Sponsor is only liable for slight negligence in cases of a breach of a material contractual obligation hereunder. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases Sponsor shall not be liable for slight negligence.
    3. Sponsor 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.
    4. In no event shall Sponsor be responsible or liable for any failure or delay in the performance of its obligations under these Terms & Conditions 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.
    5. To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion.
    6. These Terms and Conditions will be governed by the laws of New Zealand and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.

Collection Statement

Red Bull New Zealand Limited (Company Number 1179756) (“Red Bull”) collects your personal information for the purposes of electronic marketing purposes in relation to the Red Bull Fit consumer promotion (“Purpose”). Your personal information will be retained by Red Bull in accordance with the Information Privacy Principles and the Privacy Act 1993. If you do not provide your personal information Red Bull will not be able to enter you into the promotion or contact you to provide information around the events. 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 at: https://policies.redbull.com/policies/RedBull.com_New_Zealand/201707250246/en/privacy.html or contact Red Bull via email at privacy@nz.redbull.com