Participation terms and consent to data processing #myperfecttrail

1. About the #myperfecttrail photo contest

The following designated companies of the Bauerfeind Group – hereinafter referred to as “Bauerfeind” –, are organizers and will be giving away one trip to the 2018 AJC Peachtree Road Race in Atlanta, including round-trip travel for the winner and an accompanying person of their choice, in each participating country (1st place/Grand Prize), and five pairs of Bauerfeind Compression Sleeves Lower Leg (2nd to 6th place). Bauerfeind will choose one additional winner from entries by Atlanta Track Club members to participate in the Grand Prize trip (see 14.1 for details).
The trip will be from July 1, 2018 – July 6, 2018.
Participating countries are USA, Germany and Canada.
How it works:
Upload a picture of your running trail (or a picture of you on your running trail) to the contest website (www.bauerfeind-sports.com/myperfecttrail) or to Instagram and add the campaign hashtag #myperfecttrail. In the post text, provide a brief description of why you particularly like this running trail and why it is perfect for helping you reach your goals. If you upload the picture on Instagram, you also need to link to the Bauerfeind Sports profile using @bauerfeindsports.
You’ll be in with the chance of winning one of the above prizes. A jury (hereinafter referred to as the “Bauerfeind jury”) (www.bauerfeind-sports.com/myperfecttrail) will choose the individual winners from all of the pictures submitted. The jury comprises marathon twins Anna and Lisa Hahner and the ultra and trail runner Frank Bauknecht. The Bauerfeind Jury will have sole discretion to choose winning entries based on the overall presentation of the images and descriptions submitted.
By uploading or posting the picture of your running trail (or a picture of you on your running trail), you accept the participation terms of the free “#myperfecttrail” competition.

2. Organizer

The competition is being run by the Bauerfeind Group, Triebeser Straße 16, 07937 Zeulenroda-Triebes. The Bauerfeind Group is represented for the purpose of the competition by its organizing subsidiaries Bauerfeind USA Inc. (USA), Bauerfeind AG (Germany) and its partner company Galien (Canada). These are the individual promoters. The travel agent is Team Feldmann GmbH + Co. KG, Clemensstraße 8, DE-60487 Frankfurt am Main. The general terms and conditions of the travel agent shall apply. Detailed information about the trip is listed under point 4, “Prizes”.

3. Participation

Participants must enter online via Instagram or the competition’s website www.bauerfeind-sports.com/myperfecttrail. You may choose one of the possibilities for participation and its participation terms, which will now be explained.
Participation via the website:
Register at www.bauerfeind-sports.com/myperfecttrail and upload a photo of your running trail (or a picture of you on your running trail). In the relevant text box, provide a brief description of why you particularly like this running trail and why it is perfect for helping and motivating you to reach your goals.
or
Participation via Instagram:
Post a photo of your running trail (or a picture of you on your running trail) to your own Instagram profile (www.instagram.com) and use the campaign hashtag #myperfecttrail. In the post text, provide a brief description of why you particularly like this running trail and why it is perfect for helping and motivating you to reach your goals. If you upload the picture on Instagram, you also need to link to the Bauerfeind Sports profile using @bauerfeindsports.
Please note that your Instagram profile must be public for you to participate in the competition.
Limit is one entry per person. Entering multiple times is not allowed. Every photo will only be taken into account once when the winners are decided. Participation is free and is not linked to purchasing decisions.

4. Prizes

The following prizes will be awarded among all entries for every participating country:
1st place / “Grand Prize”
The grand prize includes a round-trip flight (economy class) to Atlanta, USA – hereinafter referred to as “event venue”–, as well as a five nights’ accommodation including full board for the winner and an accompanying person of their choice. A hotel will be chosen by Bauerfeind. The prize includes the costs of the round-trip flight to the event venue and the transport costs in Atlanta.
The trip will be from July 1, 2018 – July 6, 2018.
The grand prize (approx. €3,127 for winners from USA/Canada, around €3,839 for winners from Germany) comprises specifically:

  • Outward and return flight (economy class) to Atlanta, USA for one person and an accompanying person of their choice.
  • Shuttle transport in Atlanta as well as from and to Atlanta Airport (transfer in Atlanta)
  • Five nights in a 5* hotel including full board
  • Accompanying event program incl. a starting authorization at the Peachtree Road Race 2018, for which details are decided upon availability.

It is possible to arrive earlier or leave later. Any additional costs incurred in so doing, as well as any other additional costs shall be borne by the winner. The cost of getting to/from the airport in the winner’s home country shall be borne by the winner and is not included in the prize.
Visa costs are not included in the prize. The winner must take care of any necessary formalities relating to traveling to the USA.

2nd–6th place – a pair of Compression Sleeves Lower Leg
The prizes (2nd-6th place) comprise a pair of Bauerfeind Compression Sleeves Lower Leg in the winner’s choice of size and color. The winner must therefore provide Bauerfeind with their size preference and a shipping address. The prize will be sent free of charge by post within the participating country after the winner has been chosen and after subsequent organizational work.
The winners will be chosen from all pictures submitted via one of the possibilities for participation above by the Bauerfeind jury after the submission deadline. The prize cannot be exchanged, paid out in cash, assigned to third parties in any way, or replaced in any other way. The prize can particularly not be exchanged for another material prize. The winner shall bear all costs that arise beyond the costs included in the prize.
Please note that persons aged under 21 are considered minors in the USA. Owing to this age restriction, it may be the case that younger participants will be denied access to public places, e.g. hotels and restaurants, in the absence of a parent or guardian.

5. Consent to the processing of personal data when participating through the website

Bauerfeind needs certain personal data from participants, such as their first name, last name, date of birth, place of residence and email address, in order to be able to run the competition. This data, which is submitted by participants as part of the competition, will only be stored, processed and used by Bauerfeind for the purposes of running the competition and will be deleted at the latest 90 days after the end of the competition.

Bauerfeind will not disclose any personal data to third parties other than persons or companies involved in running the competition or managing the website. These persons or companies will also not pass any data to third parties. They are subject to the rigorous statutory provisions of data protection law, the standards of the Bauerfeind Group and the provisions of this competition.
Participants can withdraw their consent for the future at any time. However, this also means they will no longer be eligible to win. The participants retain their statutory rights of information, modification and revocation.

Participants’ personal data will not be disclosed by Bauerfeind.
However, Bauerfeind reserves the right to disclose the names and home countries of the winners in press releases and general PR work. Bauerfeind is permitted to publicize the competition, the participants’ entries and the competition winners, as well as the winners’ event, for example, via press releases and social media, and to use and forward video entries for this purpose. It shall also be permitted, for example, for media representatives to take part in this event and to take photos, videos, and/or make audio recordings that are to be subsequently used in their media reports with reference to the name of the winners.

Bauerfeind will only send further information and news, e.g. the newsletter about the company and its products if the recipient has consented to this separately (double opt-in procedure).

6. Data protection notice for participating via Instagram

Bauerfeind needs certain personal data from the winner, such as their first name, last name, date of birth, place of residence and e-mail address, in order to be able to run the competition. This data, which is submitted by participants as part of the competition, will only be stored, processed, and used by Bauerfeind for the purposes of running the competition and will be deleted at the latest 90 days after the end of the competition. The data will not be disclosed to third parties.

7. Participating countries and the relevant responsible companies as organizers

7.1. USA
Bauerfeind USA Inc
1230 Peachtree St. NE
Suite 1000
Atlanta, GA 30309
United States of America

7.2. Germany
Bauerfeind AG
Triebeser Straße 16
07937 Zeulenroda-Triebes

7.3 Canada
Galien
2017 Rue Cunard
H7S 2N1
Laval, Quebec

8. Transfer of the rights of use for the photo of your running trail (or a picture of you on your running trail)

By uploading the picture of your running trail (or a picture of you on your running trail) at www.bauerfeind-sports.com/myperfecttrail or www.instagram.com, you transfer the non-exclusive rights of the photo you uploaded of your running trail (or picture of you on your running trail) to Bauerfeind. The images will be used as part of the competition and related media activities.
The participant must ensure that their picture does not infringe any third-party rights. In this respect, the participant indemnifies Bauerfeind against liability.

9. Participants and eligibility

Any person who is over the age of majority in their home country can take part in the “#myperfecttrail” competition. Minors may not enter. Eligible participants are citizens residing in the USA, Germany or Canada for the duration of the competition, or who are citizens of these countries. In Germany, and Canada, participants must be aged 18 or over to be eligible for the main prize. For the United States, entrants eligible to win the main prize must be aged 21 or over due to the age of majority in the USA.

Please note that persons aged under 21 are considered minors in the USA. Owing to this age restriction, it may be the case that younger participants will be denied access to public places, e.g. hotels and restaurants, in the absence of a parent or guardian.

Employees of Bauerfeind AG, their families, or anyone else connected to the competition or its organization in any way may not enter the competition.
Only the person who submitted the photo via one of the possibilities listed above is eligible for the grand prize. All participants are eligible for the giveaway prizes.
If Bauerfeind determines that a winner is not eligible, the prize will be given to the next winning entry. The next entry will be chosen by Bauerfeind jury.

10. Period of participation and participation deadline

From July 1, 2017 (10:00 a.m. CET) up to and including August 30, 2017, (11:59 p.m. CET)

11. Informing the winners

Once the winners have been chosen, Bauerfeind will send them the information about the prize and further details about receiving the prize electronically from October 2, 2017 onwards.
All winners will be disclosed on the website after the competition has ended. The participants will be immediately informed via email or via the network’s comment feature. The winner must contact myperfecttrail@bauerfeind.com and confirm acceptance of the prize within five working days (Saturday is considered a working day) of being informed. If a winner does not get in touch during this time, they shall forfeit their prize and another winner may be chosen from all participants. The new winner will be chosen by the Bauerfeind jury. Bauerfeind is not obligated to make any further contact.
By taking part via the possibilities for participation listed above, the participants agree with this form of notification of the prize.

12. Instagram indemnified by participants

This competition is not connected to Facebook Inc., Facebook Ireland Ltd., or Instagram LLC. It is not sponsored, supported, or organized by Instagram in any way. Therefore, by participating in this competition, the participant declares that they indemnify Instagram against any claims relating to this competition.

13. Other

The competition shall be governed by the law of the Federal Republic of Germany. The prize may not be replaced. Bauerfeind further reserves the right to suspend or discontinue the competition at any time without prior notice. The organizer’s decision is final. Persons who take advantage of prohibited
means or in other ways seek advantage by means of manipulation shall be excluded. In such cases, prizes may also subsequently be denied or reclaimed. Entry via competition services, such as participating via automated competition robots or any other form of manipulation is not permitted and will lead to the participant being excluded.
Pictures that contravene the platforms’ policies, German law, copyright, ethical and moral principles, or any third-party rights shall be removed upon discovery without prior notice, excluding the participant from the competition.
Bauerfeind claims no responsibility for any statements that are connected to the visual contributions and can thereby be seen on www.bauerfeind-sports.com/myperfecttrail.
Bauerfeind strives to act lawfully and ethically at all times and will remove any submissions that contain offensive, unethical, immoral, obscene, or politically inappropriate contents, or any copyright-infringing and/or impermissible content or subject matter, after discovering and checking any such submissions. Submissions that contravene the applicable laws of the participating countries, copyright or any third-party rights shall be removed upon discovery without prior notice. Participants responsible for such submissions shall be excluded from the competition.
Bauerfeind reserves the right to make changes to the travel dates if circumstances for which Bauerfeind is not responsible arise that mean the core component of the main prize cannot be delivered.
We ask participants and third parties to inform us if they know of any appropriate representations or statements so we can carry out an appropriate investigation.
If participants have any questions or need any further information about the competition, they can email myperfecttrail@bauerfeind.com.

14. Special provisions and additions for participants from the participating countries USA and Canada

14.1. Special provisions for participants from the USA
In the event of conflict with the rules set out above, these provisions shall prevail. (a) Prizes: Bauerfeind USA will award two grand prizes. One from a pool of nation-wide entries (see (b) Eligibility below) and one from a pool of Atlanta Track Club member entries. The nation-wide winner will be chosen by the Bauerfeind Jury. The Atlanta Track Club
winner will be chosen by the Atlanta Track Club president or his appointee. Each winner will have the option to bring a guest of their choosing from within the United States. The value of the two grand prices will be for the Atlanta Track Club winner with guest: approx. $2,452 and for the nationwide winner with guest (including airfare): approx. $3,652.
(1) Any taxes on prizes will be the responsibility of winners. No prize transfers, substitutions or cash equivalents are permitted, except in the sole discretion of and with the written consent of Sponsor. (b) Eligibility: Eligibility. The Promotion is open only to individuals who are legal residents in the 50 United States and the District of Columbia and who are 21 years of age or older at the time of entry. Entry is limited to and deemed made by the authorized email account holder. All entries are subject to verification and qualification by Sponsor. Employees and immediate family members and/or those living in the same household of employees of Sponsor, its subsidiaries, parent company, affiliates, and agencies, are not eligible to participate or win. Only bona fide, legitimate and good faith entries qualify.
(1) Atlanta Track Club members will need to upload their entries via the contest website (www.bauerfeind-sports.com/myperfecttrail) checking the box indicating membership, or via Instagram using both the hashtag #myperfecttrail and tagging @AtlantaTrackClub. These are the only 2 methods of entry for the Atlanta Track Club grand prize. (c) Determination of Winners: Sponsor’s webserver clock will be the official timekeeper for the time of receipt of online entries of video submissions and votes in this Promotion. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the particular entry will be disqualified in Sponsor’s discretion. The Sponsor shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or any of the equipment or programming associated with or used in the Promotion or by any technical or human error which may occur in the processing of entries in the Promotion. Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. (d) Affidavit of Eligibility: A winner of a Grand Prize will be required to return to Sponsor a properly signed Affidavit of Eligibility, Release of Sponsor Entities from Liability and Publicity Release. This must actually be received by Sponsor by an email copy within 5 days, and the original hard copy by U.S. Mail within 7 days, of the date of email communication of the winner notification or else the prize is forfeited and Sponsor will award it to an alternate winner, unless the time period is extended in writing by Sponsor in its discretion. (e) General: Sponsor is not responsible for any inability of the winner to accept or use a prize for any reason. By entering the Promotion and/or accepting a prize, entrant agrees to (a) these Official Rules and that all decisions of Sponsor with regard to interpretation of these Official Rules, verification, qualification, and otherwise related to the conduct and administration of the Promotion shall be final in all respects; and (b) to the use of the winner’s name and/or likeness and publicity for advertising and promotional purposes without compensation, where permitted by applicable law. Sponsor reserves the right to cancel or make changes to these rules by an authorized representative during the Promotion Period.
Sponsor is not responsible or liable for any printing, grammatical, mechanical or typographical errors in these Official Rules, the Website used for the Promotion or any other materials associated with this Promotion. If, for any reason, this Internet Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, hacking, technical failures or impairment, or any other causes which, in the discretion of Sponsor, corrupt, manipulate or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves, in its discretion, the right to modify, suspend or terminate this entire Promotion. In the event of such a termination, in the discretion of Sponsor, a random drawing for any unawarded prizes will be held from among all eligible entries received by the time of such termination, as provided for herein. The captions of these Official Rules are for convenience of reference only and shall not be deemed to alter, affect or limit the scope of any Section to which they refer. All entries shall become the property of Sponsor. Promotion void where prohibited by law. (f) General: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, Wi-Fi, computer, server, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at Sponsor’s Website or any combination thereof. Sponsor is not responsible for lost, delayed, misdirected, undelivered, robotic, macro, or any other forms of automatic entry, all of which will be disqualified and ineligible. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, fraudulent activity or other unfair practices, or by acting in a manner inconsistent with these Official Rules, or by any actions intending to abuse, threaten or harass other entrants or in violation of applicable law. Sponsor shall have the right to take appropriate administrative and/or legal action in any such instance, including reporting to authorities for criminal prosecution, as it deems necessary in its sole discretion. (g) General: Each entrant agrees not to upload, post or transmit any materials which contain any computer viruses, Easter eggs, worms, Trojan Horses or other harmful Internet component or programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Sponsor reserves the right to suspend or terminate any entry in the event that an entry becomes infected or is otherwise technically impaired. (h) Arbitration Only/No Class Arbitration/Waiver of Jury Trial/Choice of Law: As a condition of participating in this Promotion, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with this Promotion, or any prize obtained through the Promotion, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association as then in existence. This means you will not have the right to litigate a claim in court or have a jury trial. Further, you will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any dispute, claim or cause of action arbitrated hereunder. Arbitration will take place in Atlanta, Georgia,
at a location selected by Sponsor and the Arbitrator’s decision shall be final; (2) any and all resulting claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to seek recovery for, and entrant hereby waives all rights to claim, punitive, exemplary, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waives any and all rights to have damages multiplied or otherwise increased.
(i) Arbitration Only/No Class Arbitration/Waiver of Jury Trial/Choice of Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of an entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Georgia, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Georgia.
(j) Name of Winner: For the names of the prize winners, send a stamped, self-addressed envelope to Sponsor at Bauerfeind USA, Attention: Warren Colter, 1230 Peachtree Street NE, Suite 1000, Atlanta, Georgia 30309. Such a request must be received within one month of the close of the Promotion Period. Sponsor may elect to list the winners via a link to its Website.
(k) Privacy: By entering in the Promotion, you agree to Sponsor’s terms of service and privacy policy and also to the use of your information for Sponsor’s marketing purposes, subject to your election to unsubscribe to any marketing emails received from Sponsor. Sponsor will not sell your information to third parties.
(l) Sponsor: Bauerfeind USA, 1230 Peachtree Street NE, Suite 1000, Atlanta, Georgia 30309