TERMS AND CONDITIONS AND DATA PROTECTION INFORMATION FOR HEAD SPEED RACKET CONTEST (the “promotion”)
This promotion is organised by Head Sport GmbH (“HEAD”), whose registered office is located at Wuhrkopfweg 1, 6921 Kennelbach, Austria.
This promotion is free of charge and is only subject to the present Terms & Conditions and to all applicable laws and regulations.
By entering and participating in this promotion, participants agree to be bound by these Terms & Conditions and represent that they satisfy all of the eligibility requirements below. If participants do not agree to these Terms & Conditions, they may not participate in the promotion.
§ 1 ELIGIBILITY
1.1 Participants acknowledge that they are 18 years of age (or over the age of majority for their jurisdiction, but at least over 16 years) or older at the time of participation, they have read and agreed to these Terms & Conditions.
1.2 Please note that HEAD is not liable in case participants are not legally allowed to take part in the promotion due to national or local laws.
1.3 HEAD employees and their families, and the employees and families of partners of HEAD, who are involved with the design, organisation and implementation of this promotion, are excluded from participation in this promotion. Also Italian and Canadian residents are not allowed to participate in this promotion due to local restrictions.
§ 2 PROMOTION PERIOD
This promotion starts on December 6, 2021, 16:00 CET and ends on December 8, 2021, 23:59 CET. Entries received thereafter will not be considered.
§ 3 RULES OF THE GAME AND OF PARTICIPATION
3.1 The participation in the promotion is only possible on Instagram, therefore an Instagram account is required. Participants may only take part in the promotion from a single Instagram profile. Even if they make more than one comment on the post, they will only be given a single participation in this promotion. The promotion is not linked to Instagram and is not sponsored, endorsed or administered by, or associated in any way to Instagram. The use of Instagram is subject to Instagram´s terms and conditions. HEAD disclaims any liability should participants fail to comply with Instagram´s terms and conditions.
3.2 In order to participate in the promotion, participants need to follow the Instagram account @Headtennis_official unless they have already done so. Furthermore, participants need to comment on the post provided on the @Headtennis_official Instagram channel marked ”giveaway” (“Post”) during the promotion period. Participants also have to tag one tennis friends to be considered for the prize. Other comments are allowed but will not endorse a valid entry. Participants also need to like the post provided in order to participate. Only by following the described procedure, participants will be eligible to enter the competitive phase of the promotion.
3.3 Head takes no responsibility for the actions of the participants in the giveaway process. Especially if other accounts get mentioned (tagged), Head takes no responsibility for the compliance of third parties. No comments or opinions whose content is considered inappropriate, offensive, insulting or discriminatory, or that could violate the rights of third parties, will be allowed. If it becomes evident that any of the participants have not met the requirements of these terms and conditions, or that the data provided for participation is not valid, the participation is considered null and void and the participant will automatically be excluded from the promotion, losing all rights to the prize(s) on offer in the promotion. Head reserves the right to determine an alternate winner based on a second selection by chance.
§ 4 THE SELECTION PROCESS
4.1 Entries close at 23:59 CET on December 8, 2021, and the winners will be selected by chance from the pool of all correct entries on December 9, 2021.
4.2 The winners will be informed on Instagram via direct messaging (“Instagram Direct”) within the next two weeks, so participants need to make sure that their Instagram account is open to the public. Any information required for HEAD to conduct this promotion (e.g. delivery address of winner) shall be also provided via direct message on Instagram.
4.3 If participants are drawn as winners, @Headtennis_official will send a private message to the winners. Winners should answer by sending HEAD his/her full name, e-mail address, phone number and the shipping address he/she wishes the prize to be delivered to. The contact details that he/she provides will be only used to notify the participant and deliver the prizes, so please make sure they are correct.
4.4 HEAD 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 promotion, whether the entry is lost, not submitted, wrongly processed or does not win.
§ 5 THE PRIZES
5.1 There are 2 prizes to win. The prizes of the promotion consist of three products: one HEAD Gravity, Speed, Radical or Extreme racket, one pair of Sprint Pro 3.0 shoes or Revolt Pro 3.5 shoes or one Gravity RPet Bag, Extreme Nite backpack, and one Tour XT ball can, 3 sets of Lynx Tour string, one Prime Tour overgrip or one Pro Player Cap.
5.2 All prizes will be delivered either via postal service to the respective shipping address HEAD receives from the winners of the promotion. The delivery costs for the prizes will be borne by HEAD.
5.3 HEAD reserves the right to replace any or all prizes with prizes of a similar value.
5.5 No cash alternatives will be provided and prizes are not exchangeable, non-transferable and non-refundable.
5.6 In case the winner does not claim his/her prize by December 23, 2021, 23:59 CET, he/she will have forfeited the prize and HEAD reserves the right to determine an alternate winner based on a second selection by chance.
5.7 The promotion will be run at HEADs sole discretion. HEAD’s decision in relation to all matters in connection with the promotion is final, and no correspondence will be entered into.
5.8. The recourse of the courts is excluded.
§ 6 COLLECTION OF INFORMATION & DATA PROTECTION
6.1 HEAD („Controller“) hereby provides notice that all personal data mentioned under §§ 3 and 4 of these Terms and Conditions will be collected and processed by HEAD solely for the purpose of organizing and conducting the promotion (e.g. to contact the winner, deliver the prize).
6.2 The personal data might also be transmitted to third parties involved in the performance of our contract (e.g. carrier for delivery of mail, other members of the Head UK Group for administrative purposes – for details please see https://www.head.com/en-IC/about/locations/) inside and outside of the EU/EEA for the purposes mentioned above in accordance with applicable data protection laws. If the personal data is processed in a country that does not have a recognized level of data protection such as the European Union, HEAD will use contractual or other recognized means to ensure that the personal data is properly protected.
6.3 Personal data will solely be processed for the performance of the promotion and therefore for the purpose of contractual performance. HEAD will delete personal data of the winners after 7 years after the end of the promotion or if applicable until the expiry of the guarantee, warranty, limitation and statutory retention periods valid for HEAD and/or beyond this until the ending of any legal disputes in which the data are required as evidence.
6.4 Participants have the right to information over their personal data stored, deletion and correction of the data saved concerning that person, withdraw their consent to processing of their personal data, if any such consent was given and data portability. Participants also have the right to object to the processing of their personal data. To exercise any of those rights participants may send an inquiry to privacy@head.com indicating which right they are referring to. To ensure that personal data is not shared with any unauthorized third party, please enclose with the request details that allow us to clearly identify inquirer as an individual. Furthermore participants have the right to lodge a complaint with the competent supervisory authority.
§ 7 LIABILITY AND WARRANTY
7.1. Participants are herewith informed that for the prizes (rackets, shoes, bags, strings, overgrips, balls, cap) the same warranty and operational provisions will be applicable as for products sold by retailers. However, HEAD shall not be liable for anything additionally.
7.2. Due to the technical particularities and properties of the Internet or World Wide Web, it is not possible to exclude technical glitches altogether. HEAD assumes no liability and guarantee for permanent availability and/or trouble-free function of Instagram. In particular, this implies that no legal liability is assumed for any damage that might ensue from technical malfunctioning in connection with the accessibility and availability of Instagram. HEAD assumes no legal liability for indirect or consequential damages, nor for profit or data lost, for whatever reason. In the case, that in spite of the regulations stated above, it should happen that HEAD is legally liable, his liability is in any case restricted to damages resulting from willful or culpable negligence. Liability for damage resulting from non-culpable negligence is excluded in any case.
§ 8. PLACE OF JURISDICTION AND APPLICABLE LAW
8.1 These Terms and Conditions are exclusively subject to the laws of the Republic of Austria, provided this does not contravene any compulsory legislation.
8.2 Any legal issues that arise in connection with the performance of and participation in this promotion will exclusively be dealt with by the relevant courts in the place of jurisdiction of the HEAD headquarters, provided this does not contravene any compulsory legislation. HEAD may however also elect to apply to the courts of the residence of participant.
8.3 If any clauses of these Terms and Conditions should prove wholly or partially invalid, the validity of the remaining clauses will not be affected.