The organizer of the competition is KTM Australia, 402 Hoxton Park Road Prestons NSW (hereinafter “KTM”). More information about KTM can be found at http://www.ktm.com.
Any natural person who is at least 18 years old is eligible to participate (“participants”). The directors and employees of the organizer, their families, as well as all persons who are in professional contact with this competition are excluded from participation. The acceptance of these conditions of participation arises by publishing an image under the suggested article/ post.
For the participation, no purchase of goods / services of the organizer is required apart from a valid Facebook & Instagram account and Internet access. By participating in the competition, the participants confirm that they accept these terms and conditions.
Competition Duration: Thursday, April 2nd, 2020 to Thursday May 14th, 2020
PARTICIPATING RULES: Participants whose personal details are not true will be excluded from participation. Likewise, participants who attempt to manipulate or attempt to manipulate the participation process and / or the competition and / or otherwise violate the terms and conditions of participation will be excluded. Employees of the organizer, the subsidiaries and affiliated companies of the organizer as well as employees of companies participating in the competition as well as their relatives are excluded from participation in the competition. The exclusion can also be done retrospectively and any prize already given in this case can be reclaimed.
IMPLEMENTATION OF THE COMPETITION, PRIZE NOTIFICATION:
The successful participation in the competition requires to follow every weekly challenge rules (shared directly on the Instagram & Facebook post). The winner will be chosen randomly among the people who will have enter the challenges and tag the requested hashtag. The two weekly winners will be announced on Wednesday before the new challenge starts. All winners will be contacted through Instagram.
The winners will win one (1) KTM POWERWEAR T-SHIRT & one (1) KTM POWERWEAR HAT.
Provided the aforementioned conditions are met, the winner will be notified in writing, by e-mail or telephone. The prize will only be awarded if the winners accept them within three calendar days after KTM has sent the winning notification.
If there is no acceptance of the prize by the winner within this period, a new winner will be selected on the basis of the above-mentioned determining criteria.
PRIZE: one (1) KTM POWERWEAR T-SHIRT & one (1) KTM POWERWEAR HAT.
A cash payment or a prize exchange is not possible.
KTM is not responsible for possible national fiscal or other consequences by way of dues in connection with the receipt of the prize. Such dues or taxes concern only the relationship between the winner and his national fiscal- and tax authorities.
EARLY TERMINATION AND CHANGE OF THE COMPETITION: KTM reserves the right to terminate or modify the competition details at any time without notice, if for technical or other reasons a proper performance of the competition can’t be guaranteed, or the fairness of the competition appears to be impaired. Claims for the participants do not arise from this.
PERSONALITY RIGHTS FOR FILM AND PHOTO RECEIPTS: The participant agrees that his name will be published in the event of the prize draw. In addition, in the event of winning, the participant agrees that his photo will be published for the purposes of the competition, may be published by KTM or by a partner commissioned by KTM for advertising purposes.
In particular, this authorization includes the publication on the websites and the Facebook and Instagram profiles of KTM. This consent can be revoked in writing at any time. Such revocation applies to all future publications, but not to previous ones.
LIABILITY OF KTM: KTM is liable only for intent and gross negligence. This does not apply in the case of a negligent breach of a material contractual obligation. These are duties that are essential to the performance of the competition because they are the ones to enable them, and therefore the participant can trust in their fulfillment. In this case, the liability of KTM for ordinary negligence is limited to the typical and foreseeable damage. For damage resulting from injury to life, body or health, the limitation of liability does not apply.
USE OF THE DATA: The personal information of the participants will only be used for the purpose of the competition, as described in these conditions of participation. By participating in the competition, the participant grants the organizer the non-exclusive, territorially unrestricted right to reproduce the entries on the website and in the social media platforms of the organizer without remuneration even after the end of the competition.
Each participant hereby agrees with his participation that his personal data, such as Name and address, which he may transmit in connection with the participation in the competition, can be used for statistical and advertising purposes by the organizer. This consent can be revoked in writing at any time. Such revocation applies to all future publications, but not to previous ones.
The organizer accepts to carefully manage the data obtained in connection with the performance of the competition. is not liable for damage caused by errors, delays and/or interruptions in data transmission, technical errors, incorrect and/or incomplete content as well as virus-related loss or deletion of data.
Exclusion from the competition, early termination, liability: The organizer reserves the right to disqualify participants who manipulate the competition and / or violate the terms and conditions or good morals and / or otherwise improperly try to win the competition and disqualify the competition without notice, or withdraw their winnings without notice, and to reclaim them if necessary.
The organizer reserves the right to cancel or terminate the competition at any time without prior notice and without stating reasons. This applies in particular if proper implementation can’t be guaranteed for technical or legal reasons. In such a case the participants are not entitled to any claims against the organizer.
This Competition is not sponsored, endorsed or administered in any way by or in association with Facebook. The participant makes his information available to the organizer and Facebook assumes no liability for components of this competition. The Organizer accepts no liability to the winner for any loss or damage of any kind whatsoever arising out of or in connection with the Competition, data processing and the prize.
The entire contest is subject to Austrian law excluding the conflict of law provisions. Should one of these terms be or become wholly or partially invalid, so the validity of the remaining provisions shall remain unaffected thereof.
The right of legal recourse is excluded.