Terms and Official Rules
(last updated on May 1st, 2012)
These Terms and Official Rules (“Terms and Rules”) govern the relationship between Red Bull GmbH (“Red Bull”) and any user or other person who participates in the Red Bull Storm Chase event (“Event”) and therefore interacts with the Red Bull Storm Chase website (“Website”) and constitute a binding legal agreement between you and Red Bull. To participate in any way in RB Storm Chase, you must agree to these Terms and Rules. By using RedBullStormChase.com or browsing any Service or Content You agree to be bound by the following Terms and Rules. In these Terms and Rules, ‘We’ ‘Our’ and ‘Us’ refer to Red Bull. ‘You' and ‘Your’ refer to a user who interacts with the website.
1. What is Red Bull Storm Chase?
3 fat storms above 10 Beaufort, 10 windsurfers (“Sailor(s)”) and the entire planet as a stage. These are the breathtaking ingredients for Red Bull Storm Chase, the most challenging windsurfing contest of all time. And you can be part of it: From May 1st until May 31st you can suggest your favorite high-wind sailing spot(s) (“Destination”) as competition grounds and may win a prize. You can also register to take part – if You dare. Applications are welcome until June 28th. In early July a distinguished panel of experts will nominate the top 50 candidates from the submitted Sailors for the public voting stage. During a 2-weeks online voting period (July 2nd till July 15th), you can pick your favorite high wind wave specialists from the pro and amateur windsurfing scenes. The 10 athletes with the most votes will be the participants oft this fierce challenge against the elements. From August 1st until November 30th the Red Bull Storm Chase is on.
Man versus Man versus Nature. The contest format is simple: 10 Sailors compete in the first mission (Mission I). Six of them advance to mission number two (Mission II). In the final mission number 3 (Mission III) the top 4 Sailors will battle for the ultimate Storm Chaser’s crown and the prize money. To guarantee raging conditions, Red Bull Storm Chase 2012 will be mobile to the max, with a 4months holding period and just 48 hours to mobilize Sailors and global contest crew on-site before the storm strikes. The starting flag goes up when the winds exceed 10 Beaufort (54 knots / 100 kmh / 62 mph). Heavy weather skills, gear and full commitment to the event are required. When the storm calls there can be no excuses!
2. Who can participate in Red Bull Storm Chase?
You will only be eligible to participate in Red Bull Storm Chase (including but not limited to entering the competition) if:
- a) You are at least fourteen (14) years old (if You want to Register as a Sailor);
- b) You have a Facebook account (Just in case You do not maintain a Facebook account, You can also participate. Therefore please contact Us. You can do this by emailing Us at email@example.com;
- c) You are NOT an employee of Red Bull or any Red Bull affiliate; and
- d) You are NOT involved in the creation, administration or execution of Red Bull Storm Chase.
3. Destination Nomination
Between May 1, 2012 at 12:01 a.m. Central European Summer Time (CEST) (Time Zone UTC+2) and May 31, 2012 at 11:59 p.m. CEST we will ask You to provide Us with Your Destination suggestions.
6 Destinations decided on by Our Experts will be announced at http://www.redbullstormchase.com on or around July 16, 2012 (subject to change at Red Bull’s sole discretion). These Destinations will be monitored by Us during the Event. We will award one of the users who suggested one of the 3 Destinations each, which we will actually surf during the Event, with one of three cameras: GoPro HD Hero 2 Surf Edition. The winners will be drawn by Us after each Mission (I till III) completed during the Event. The total value of the prizes is EUR 3.141,-. The prizes are awarded "AS IS." Neither Red Bull nor Red Bull's Affiliates offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with the prizes. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Red Bull's sole discretion. The Prizes consist only of the item listed, is non-transferable, with no cash redemption or substitution except at Red Bull's sole discretion. Federal, state, provincial, and local taxes on the prize, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. The winner will be notified by available phone number or mail/email address 7 (seven) days after the corresponding Mission (I till III) finished (subject to change), as determined solely by Us. If a potential winner cannot be contacted, fails to claim the prize within fourteen (14) days or is disqualified, the prize will be awarded to a new winner. Red Bull’s decision will be final and binding in relation to all matters relating to decision and no correspondence will be entered into.
4. How to become a Sailor
The Red Bull Storm Chase call for entry period begins on May 1, 2012 at 12:01 a.m. CEST and ends on June 28, 2012 at 11:59 p.m. CEST (“Registration Period”).
During the Registration Period, go to http://www.redbullstormchase.com/#registration and follow the instructions to complete the entry form and upload Your photos, embed a video and suggest Your home spot/ favorite spot. As described at the entry page, entry will require that You register using a Facebook account and fill in an application form, upload at least one photo and embed a video from the YouTube or Vimeo Platform on the website that shows why You should become one of the Sailors and suggest Your favored destination. See below for Required Representations and Warranties for more information about requirements of photo and video entry. Failure to complete any step outlined in, or to follow any of, the Terms and Rules will result in disqualification of attempted entry. All entries along with the entrant’s Facebook account name will be publicly posted on http://www.redbullstormchase.com during the Registration Period, which will be at full discretion of Us. You can only apply once. We are not responsible for lost, late, misdirected entries or entries not received regardless of cause.
Entries may be submitted during the Registration Period. During Phase I, entries will be monitored upon receipt of entry through a secure web administration tool to assure basic compliance with these Terms and Rules. Between June 29 2012 and July 1, 2012 3 distinguished experts in windsurfing sports (“Experts”) will select the top 50 Sailors. The Experts’ decisions are final and binding in all respects. The top 50 Sailors will be announced with their profile at http://www.redbullstormchase.com on or around July 2, 2012 (subject to change at Red Bull’s sole discretion).
Voting for the Top 10 shall begin on the later of the announcement date of the top 50 Sailors or July 2 at 12:01 a.m. CEST, and voting will continue through July 15, 2012 at 11:59 p.m. CEST.
Online users will vote on entries to determine which Sailor will become one of the top 10 Sailors to participate in the Event. Online users may register to vote through their Facebook account, which will allow such users to vote a maximum of ten (10) different Sailors. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, We reserve the right to disqualify the entrant in Our sole discretion. If the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, We reserve the right to use another means to determine the top 10 Sailors i.e. ask Experts to decide. If it is discovered that attempts were made to by an individual to: (i) vote more than the ten times during the voting period; (ii) use (or attempt to use) multiple names, identities, email addresses and/or any automated, script, macro or robotic program(s) to submit votes; and/or (iii) engage in systematic voting from the same computer/IP address; then it may result in the disqualification, in the sole and absolute discretion of Us, of the votes, entry and/or entrant to which such votes relate. All votes are subject to verification. We reserve the right, in Our sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Us) from any voter to participate (i.e. vote) or for any votes entered, or purportedly entered, by such voter to be considered valid. Failure to provide such proof in a timely manner may result in disqualification of the applicable votes that cannot be verified to the satisfaction of Us, in Our sole and absolute discretion.
The Top 10 will be announced with their profile at http://www.redbullstormchase.com on or around July 16 2012 (subject to change at Red Bull’s sole discretion).
We also reserve the possibility for the Experts to nominate an additional 11th Sailor to take part in the competition. This can be anyone, also someone who has not applied and not taken part in the voting process. The nomination is solely based on the judgment and will of the Experts.
Potential Sailors for each Phase will be notified by available phone number or mail/email address on or around the following dates (each a “Notification Date”): (i) with respect to Phase I, July 2, 2012; and (ii) with respect to Phase II, July 16, 2012; and will be required to respond within five (5) days of notification, providing us with any signed document (such as a “Participant Disclaimer”) we may ask the Sailors to sign to participate. Guardians must sign in case of legal minority. If any Sailor fails to respond with required information, confirmation and/or signature of any documents asked for by Us, the Sailor will forfeit the opportunity to compete as a finalist and with respect to Phase I, select another Sailor for the top 50 Sailors or with respect to Phase II, the next highest scoring entry will be deemed a potential Sailor.
5. Required Representation and Warranties
We want you to send Us Your Content (e.g. text, photos, audio, video) for example to show Us, why you should become a Sailor, to suggest Destinations, and/or provide comments, however We need to ensure that the Content on Our Website is not illegal, offensive and respects the right of other people.
You therefore warrant that:
- a) You have and will continue to have, all necessary licenses, rights, consents and permissions necessary for the use by Red Bull of all Content you upload to or embed into the Website, including (without limitation) any intellectual property rights in any photos, drawings, films, images or music contained therein YOU AGREE TO ASSUME ALL LIABILITY AND HOLD RED BULL FULLY HARMLESS FROM ALL CLAIMS BY ANY THIRD PARTY IF YOUR CONTENT BREACHES THIRD PARTY RIGHTS.
- b) You will not upload viruses or other malicious code to the Website.
- c) You will not bully, intimidate, or harass any user or use the Website to do anything unlawful, misleading, malicious, or discriminatory.
- d) You will not upload and/or embed any Content that is threatening, discriminatory, offensive, and pornographic, incites violence, and contains nudity or graphic or gratuitous violence.
- e) You will not post Content or take any action on the Website that infringes or violates someone else's rights or otherwise violates the law.
We can immediately edit, refuse to post, remove or disable any Content or other information you upload if we believe that it violates these Terms and Rules or for any other reason whatsoever in our sole discretion.
6. Grant of rights
You own the Content you upload to or embed into the Website. However, by uploading and/or embedding any Content to the Website you hereby grant to Red Bull, its parents, subsidiaries and affiliated companies, and each of their respective agents, licensees, successors and assigns, a worldwide, unlimited, non-exclusive, royalty-free, irrevocable, transferable and perpetual right and license (including the right to sub-license to any third party) to use, reproduce, distribute, publish, prepare derivative works of, display, exhibit, digitize, synchronize, display, reproduce and otherwise exploit your Content for any purpose whatsoever by any and all means in any and all media (whether now known or hereafter devised) including, without limitation, for the purposes of Red Bull’s business and the businesses or our affiliates, licensees, assignees, parents, subsidiaries and their related companies and for advertising and publicizing us and our products and services and for use on the Website. Red Bull agrees however that any distribution of content in accordance with this paragraph shall only be undertaken by Red Bull free of charge. You agree that you shall not be entitled to any fees or additional consideration for use in accordance with this paragraph and waive all moral rights in your Content. At Our request and in Our sole discretion, Sailors may be required to execute an assignment and release transferring all rights of their photos and videos to Us, the form of such assignment to be determined by Us.
You grant to Red Bull the right (but not the obligation) to use your name, image, voice, biography, likeness and geographical location in connection with the broadcast, print, online or other use or publication of Content on the Website and otherwise in accordance with the paragraph above.
7. Publicity & Marketing
8. No Liability & Indemnification:
PARTICIPATION IN RED BULL STORM CHASE IS AT YOUR OWN RISK. EXCEPT AS OTHERWISE STATED BELOW, YOU ASSUME ANY AND ALL LIABILITY FOR ANY INJURY OR DAMAGE TO YOURSELF, THIRD PARTIES OR ANY PROPERTY, CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN RED BULL STORM CHASE. YOU AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS RED BULL AND ITS PARTNERS, AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES FROM ANY CLAIMS, LOSSES, AND DAMAGES ARISING OUT OF, OR RELATING TO, YOUR PARTICIPATION IN RED BULL STORM CHASE OR ANY RELATED ACTIVITIES AND THE ACCEPTANCE AND USE, MISUSE, OR POSSESSION OF ANY PRIZE AWARDED IN CONNECTION WITH RED BULL STORM CHASE. THE FOREGOING INCLUDES, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY PROPERTY LOSS OR DAMAGE, OR DEATH ARISING IN ANY WAY IN CONNECTION WITH THE EVENT (EXCEPT AS OTHERWISE STATED BELOW).
RED BULL SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, WASTED EXPENDITURE, REVENUE OR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME) LOSS OR DAMAGE WHATSOEVER HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN MISSION CONTROL.
RED BULL SHALL NOT BE LIABLE TO YOU IN ANY CIRCUMSTANCES (INCLUDING NEGLIGENCE) FOR ANY LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE (INCLUDING IN RELATION TO ANY VIRUSES OR OTHER SIMILAR COMPUTER RELATED DAMAGE).
THE WEBSITE IS PROVIDED TO YOU WITHOUT WARANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NO CONDITIONS, WARRANTIES OR OTHER TERMS APPLY TO THE SUPPLY BY RED BULL OF THE WEBSITE AND/OR RED BULL STORM CHASE INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING AVAILABILITY, SECURITY, USEFULNESS, FITNESS FOR PURPOSE, ACCURACY, RELIABILITY AND LACK OF ERRORS.
NOTHING HEREIN EXCLUDES RED BULL’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, FOR FRAUD OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER THE APPLICABLE LAW.
9. Other Terms:
Decisions of Red Bull on all matters are final. Red Bull shall not be responsible and shall have no liability for any expenses incurred by You in connection with Your participation in Red Bull Storm Chase.
Red Bull reserves the right to make changes to these Terms and Rules at any time and such changes will become effective upon notice via an online posting on the Website or other means of wide dissemination.
If any provision(s) of these Terms and Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
12. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with Austrian law. All disputes arising out of or in connection with these Terms, including any questions regarding its existence, validity or termination, shall exclusively be settled by the court responsible for commercial matters in Vienna’s First District in accordance with the law in force in Austria, without reference to its conflicts of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, shall be excluded.
NO AFFILIATION WITH FACEBOOK OR GOOGLE:
Red Bull Storm Chase is in no way sponsored, endorsed or administered by, or associated with, Facebook or Google. Any questions, comments or complaints regarding Red Bull Storm Chase should be directed to Us, not Facebook or Google.
© 2012 Red Bull GmbH