Allgemeine Geschäftsbedingungen für Verbraucherwettbewerbe
In diesem Wettbewerb gelten folgende allgemeine Geschäftsbedingungen:
- Wintec oder Wintec Saddles beziehen sich auf Hammersmith Nominees Pty Ltd T / als Saddlery Brands International (ABN 41 008 829 392), Postfach 153, Perth, WA 6858.
- Website bezieht sich auf diese Website, www.wintec ‐ saddles oder www.wintecsaddles mit Subdomain oder Verzeichniserweiterung, einschließlich, aber nicht beschränkt auf .com, .com.au, .co.uk, .us, .de.
- Tochterunternehmen beziehen sich auf direkte oder indirekte Mutterunternehmen, Tochterunternehmen, Sponsoren oder verbundene Marken und Unternehmen von Wintec Saddles und umfassen autorisierte Händler und Distributoren.
- Diese Allgemeinen Geschäftsbedingungen (die wir als „Allgemeine Geschäftsbedingungen“ bezeichnen) sind die allgemeinen Geschäftsbedingungen, die für alle von Wintec Saddles kontrollierten Wettbewerbe gelten.
- Wir bezeichnen alle diese Wettbewerbe in diesen Allgemeinen Geschäftsbedingungen als „Wettbewerbe“. Für Wettbewerbe gelten möglicherweise auch eigene Teilnahmebedingungen (z. B. Einzelheiten zur Teilnahme, zu den Eröffnungs- / Schließungsdaten und zu den möglichen Gewinnen von Preisen).
- Solche wettbewerbsspezifischen Geschäftsbedingungen werden über die entsprechenden Medien im Rahmen der Website oder der Printwerbung für den jeweiligen Wettbewerb zur Verfügung gestellt.
- In diesen Allgemeinen Geschäftsbedingungen bezeichnen wir diese wettbewerbsspezifischen Geschäftsbedingungen als „Spezifische Geschäftsbedingungen“. Sie sollten diese Allgemeinen Geschäftsbedingungen daher in Kombination mit den anwendbaren Besonderen Geschäftsbedingungen lesen. Wenn solche spezifischen Bedingungen im Widerspruch zu diesen allgemeinen Bedingungen stehen, haben die spezifischen Bedingungen Vorrang.
- Wir können diese Allgemeinen Geschäftsbedingungen jederzeit ändern. Sie sollten unsere Website regelmäßig auf Änderungen überprüfen, die ab dem Datum des Uploads gültig sind.
- Durch die Teilnahme an einem Wettbewerb erklären Sie sich damit einverstanden, dass Sie an diese Allgemeinen Geschäftsbedingungen und an alle anwendbaren Besonderen Geschäftsbedingungen gebunden sind.
Identity Of The Promoter Of The Competition
- The “promoter” of a Competition is the person who is legally responsible for operating it. Unless any Specific Terms tell you otherwise, the promoter of the Competitions will be Wintec Saddles (“the Promoter”).
- You can write to us at email@example.com if you have any concerns in relation to any of our Competitions, setting out clearly the name of the Competition and your issue.
Eligibility Rules For Our Competitions
- Certain Competitions may have additional eligibility requirements, such as location, valid passports, visas, driving licences, good physical health and so on. Any such additional eligibility requirements will be publicised to entrants in the relevant Competition.
- It will be our sole decision as to whether any eligibility requirement has or has not been met and we may require evidence or confirmation from entrants before awarding prizes.
- Employees of the Promoter and their immediate families may not enter any Competition: neither may the employees of any third party sponsors, prize providers or their immediate families.
Entry And Entry Methods
- Deficient entries: In all Competitions, we reserve the right to reject any entries that are inaudible, incomplete, incomprehensible, damaged or otherwise deficient. We also reserve the right to reject entries that are unlawful, indecent, racist, inflammatory, defamatory or which we consider to be otherwise harmful to the goodwill and reputation of Wintec Saddles. We accept no responsibility for any late, lost or misdirected entries including but not limited to texts, calls or emails not received due to technical disruptions, network congestion or any other reason. Proof of posting of any postal entry will not be proof of our receipt of that entry.
- Automated Entry: The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any Competition repeatedly is prohibited.
- Names: Entrants must enter Competitions using their legal name once only. We reserve the right to disqualify any entrant who uses multiple names and to require them to return any prize they may have won.
- Multiple Entries. Unless otherwise permitted pursuant to any Specific Terms, no person may enter any Competition more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
- Retrospective Effect. Where an entrant or prizewinner has been found to be in breach of any of the terms and conditions of a Competition and in particular where a person is in breach of the entry restrictions set out in rules 4.5 to 4.8 above, we may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has been awarded and/or actually provided to the entrant or prizewinner in question.
- We reserve in all cases the right to replace the stated prizes with prizes that we consider to be of broadly equivalent value. We offer no cash alternative for non‐cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, we reserve the right to award the prize to the prizewinner’s parent or guardian on behalf of the prizewinner.
- All prize winners will be notified that they have won a prize within twenty-eight (28) days of the closing date of the Competition via at least one of the following methods: by telephone; by email; in writing.
- Prizes will be despatched to the winners via the Prize Provider unless otherwise stated. We will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
- Prizes will only be delivered to an address within the specified country. Should a prize winner’s contact details change, it is their responsibility to notify us or the contact persons for the relevant Competition.
- We reserve the right to request proof of a prize winner’s identity in the form of a passport or driver’s license and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with proof of identity reasonably acceptable to us, we may withdraw the prize and select another prize winner.
- All prizes are subject to availability, non-transferable and non-exchangeable. Where prizes consist of entry tickets, attendance at events, travel or location based and similar time‐specific benefits, they must be taken on the dates specified by us. If a prize winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the winner. No cash will be awarded in lieu of that prize or part of it.
- Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
- We make no representation or warranty in relation to prizes provided and to the fullest extent permitted by law, we shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. We reserve the right to disqualify entrants from entering our Competitions or prize winners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
- All stated prize values are at the supplier’s recommended retail price in the local currency and are correct at the time of printing. We take no responsibility for any fluctuations in prize values. We award cash prizes in the form of a cheque in the name of the prize winner. Any other arrangement will be at our discretion.
- No additional, further or other costs or expenses are included in any prize unless stated. For example, the costs of transport to and from a venue or an event are not included and any accommodation prize includes basic room charge only.
- Third party suppliers of prizes may also often stipulate their own terms, conditions or restrictions and all prize winners agree to be bound by these. Subject to paragraph 19.2, Wintec Saddles shall have no liability in relation to any prize provided by a third party provider.
Location/travel Based Prizes
- Because of their complexity, we have certain special terms that apply to location or travel based prizes. These are set out in this paragraph 6 below. Where location or travel based prize includes a place for a travelling companion (i.e. a photoshoot for the prize winner plus guest) then these terms also apply to those persons.
- Unless otherwise stated, insurance is not provided as part of any prize. It will be each prize winner’s and (if applicable) their companion’s responsibility to take out at their own cost all relevant insurance (including but not limited to health and travel insurance, insurance for theft, loss, and damage to property) which may be required or prudent to be taken. All insurance, spending money and other expenses, unless otherwise stated, are costs for the prize winner and are not provided as part of any prize. Unless stated otherwise, prizes consist of the activity only.
- The prize winner and any travelling companions must have and maintain valid passports endorsed with all relevant visas and with expiry dates no less than six (6) months following the proposed dates of travel or such other duration as may be required by any relevant regulation. These passports, and their holders, must not be subject to any restrictions on their rights to travel to and from the applicable country or countries. Passport control and in‐country authorities may reserve the right to refuse entry to prize winners and/or their travelling companions. We shall not be responsible for ensuring your ability to travel to your travel or location based destination nor for any additional costs incurred should you be refused entry.
- Unless otherwise stated, all travel or location based prizes must be taken within six (6) months of the closing date of the relevant Competition or the prize will lapse. Travel or location based prizes are also usually subject to terms and conditions required by the provider which will apply to the prizewinner.
- It is the responsibility of the prize winner and any travelling companions (if applicable) to check any travel advisories issued by the Government and determine whether they wish to accept the risk of travelling to the travel or location based destination. We will not be responsible for any loss or damage suffered by any prize winner and their travelling companions (if applicable) arising out of their failure to follow any travel advisories issued by the Government.
- The prize winner and their travelling companions (if applicable) must comply with and are responsible for obtaining any inoculation and health regulations required by any travel or location based prize destination country.
- We will not be liable or responsible for any loss or damage suffered by any prize winner or their travelling companion (if applicable) should any prize winner or their travelling companion (if applicable) not redeem a travel or location based prize as a result of any Government travel warning or advisory applicable to the destination country and/or countries or for any other failure on their part to travel. In particular, we shall have no obligation to substitute any alternative prize, cash equivalent or other compensation where a prize winner and/or their travelling companion (if applicable) fail to redeem a travel or location based prize for any reason.
- Prize winners and their travelling companions must comply with the terms and limitations of airlines, other transport providers, and the venues involved in the provision of any travel or location based prize, including any insurance policy relating to the travel or location based prize. In particular, entrants must comply with all health and safety guidelines and instructions and all applicable legal and regulatory requirements.
- Where the prize for any of our Competitions involve the winner’s attendance at (or tickets to) an event, the prize winner acknowledges that we are not liable or responsible if any part of the event is cancelled, varied or rescheduled for any reason. If this means that the winner (and/or any accompanying guests) cannot attend the relevant event, we shall be under no obligation to provide any cash or alternative tickets.
- Entrants proposing to redeem prizes involving, or participating in any Competition where it involves, travel or physical challenges should notify us of any medical condition and we may at our absolute discretion require as a condition of entering the Competition or receiving the prize to: submit to a medical examination by a medical practitioner approved by us and obtain medical clearance to participate in the Competition and/or redeem the prize; and/or execute a legal document to exonerate us from liability in a form prescribed by us in order to participate further in the Competition and/or redeem the prize.
- Where prizes comprise or include “meet and greet” elements with celebrities, the prize may be subject to the availability of the celebrity in question and we will have no liability for any inability or failure of any prize winner to attend any “meet and greet” session offered on any date nor will we offer any alternative prize or cash alternative or compensation for such failure.
Publicity And Personal Information
- Should an entrant be required to submit a third party’s personal information as a part of entry into or participation in any Competition, each entrant must ensure that any other person whose details have been provided by the entrant to us has given or will give their consent for their details to be provided to us and to be contacted by us in relation to the relevant Competitions.
- It is a condition of your entry to our Competitions that we have the right to publicise, broadcast and communicate to the public the names, home towns, characters, likeness and voices of entrants to our Competitions for the running of the Competitions and matters incidental to the Competition.
- All entrants and particularly prize winners may be required by us to participate in photo, recording, video and/or film session(s). In this regard, you agree that we shall have the right to use all the resulting publicity materials in any medium (including, without limitation, the internet) and in any manner, we see fit, unless you advise us at the time of entering the Competition that you wish to retain your anonymity. If you elect for anonymity, we may not be able to include you in certain Competitions.
- Entrants also acknowledge that publicity materials featuring them may be provided to our third party prize providers for the purposes of promoting their association with the Competition and awarding the relevant prizes.
- No fees shall be payable to any entrant in relation to their entry in any Competition.
Photographs And Videos
Should any Competition require entrants to submit a photograph or video clip, as a part of entry into or participation and used in the Competition (collectively, “Photograph“):
- entrants warrant that they are the person in the Photograph or have prior approval from the person in the Photograph that it may be submitted as part of their entry;
- entrants agree that we have the right to publish and communicate to the public the Photographs in any media including, but not limited to, online, at all times without restriction or limitation throughout the world and not only for the purposes of the Competition;
- entrants acknowledge that we may edit the Photographs in our sole discretion;
- entrants agree that we have the right to use entrants’ names, likenesses and other personal information in conjunction with the Photographs;
- entrants agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their Photographs;
- entrants unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of the Photographs;
- and entrants aged under 18 shall have obtained the consent of a parent or a guardian(and will provide us with the contact details we need should we wish to verify this).
- Where any prize is awarded via a prize draw, prize winners will be chosen at random from all qualifying entries within twenty eight (28) days of the Competition closing date.
- If we become aware that the same person has been selected as a prize winner more than once, we will draw another name.
By entering our Competitions all entrants:
- assign to us all rights (including present and future copyright) in their entry and their publicity materials in all media (including, without limitation, the internet) and whether in existence now or created in the future;
- agree not to assert any moral rights in respect of their entry and the publicity materials (wherever and whenever such rights are recognised) against the Promoter, its assigns, licensees and successors in title;
- undertake to us that their entry is not in breach of any third party intellectual property rights and will not contain anything, which is defamatory, indecent, harassing or threatening and that they will indemnify us for any loss, damage or liability arising should this turn out not to be true. If relevant, we reserve the right, but not the obligation (and without limiting entrants’ warranty and indemnity as set out above), to screen, filter and/or monitor information provided by the entrant and to edit, refuse to distribute or remove the same;
- Confirm that they have the right, power and authority to grant the rights set out us the same.
For the avoidance of doubt, all rights in the name and title of the Competition and the format rights for the Competition are our sole property and we may exploit the same our absolute discretion.
- If any prize winner is a child or young person (i.e. under the age of 18) we may require that the terms and conditions applicable to the Competition (including these General Terms) be signed by the prize winner’s parent or legal guardian before the prize is awarded. Any such prize may at our discretion be awarded to the prize winner’s parent or legal guardian.
- Travel or location based prizes are not available to persons under the age of 18 without written consent from a parent or legal guardian and unless accompanied by a parent or legal guardian.
- Where entrants or prize winners are required by us to sign a release or other document before participating in a Competition and/or redeeming a prize and the entrant and/or prize winner is under the age of 18 years, such document must be signed by that person’s parent or legal guardian prior to their participation in the Competition and/or the prize being awarded.
Tampering and Other Matters
If for any reason any Competition is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of a Competition, we reserve the right to cancel, terminate, modify or suspend the Competition and/or any draw/s or judging related to the Competition and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
Leave for Participation
Obtaining time off work and/or study or related activities to participate in a Competition and/or take a prize will be the sole and absolute responsibility of each contestant.
Termination of Competition
The Promoter may vary the terms of or terminate, a Competition at any time at its absolute discretion without liability to any contestant or another person. The Promoter will not award the prize if the Competition is terminated.
- All our decisions relating to the Competition and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
- Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and if required by law, by an independent adjudicator.
- Where a Competition involves voting, the accuracy of the pooled results received and published by us will be deemed to be final and binding and no correspondence will be entered into.
Failure To Enforce Terms And Conditions
A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
Exclusion Of Liability
- Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties, and representations expressed or implied by law are hereby excluded.
- To the fullest extent permitted by law, we hereby exclude and shall not have any liability to any entrant or prize winner in connection with or arising out of any Competition howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph shall also apply in respect of any prize provided by a third-party provider.
- In the event that any provision of these General (or any Specific) Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
These General Terms (and any Specific Terms) shall be construed in accordance with and governed by the laws of Australia.