General terms of participation – “Futurehead’s Program” (“General Terms of Participation”)

I. Description of “Futurehead’s Program”

2. “Futurehead’s Program” is a talent development competition for children and teenagers under 18 years of age (“Competition”), organised by HEAD Sport GmbH, Wuhrkopfweg 1, 6921 Kennelbach, Austria (“HEAD”).
3. The Competition is public and HEAD will also issue public reports on it.

 

II. Registration and participation

1. With the exception of the persons named under Point IV, participation in the Competition is open to all children and teenagers who can snowboard, are under 18 years of age at the time of registration and have a basic level of English language skills (i.e. the Participant can follow simple conversations and instructions). For children under 16 (“Participating Child”), registration for the Competition may only be carried out by their legal representatives; teenagers between 16 and 18 (“Participating Teenager”) may register for the Competition themselves. In any case the declaration of consent form, which is provided on HEAD´s Website (either the version for below 16 years or the one for above 16 years), has to be signed and uploaded. No other applications will be considered.
   
   The legal representatives, who register on behalf of a Participating Child and the Participating Teenagers, are hereinafter collectively referred to as “Applicants”.
   
   The Participating Child and the Participating Teenager are subsequently collectively referred to as “Participants”.
2. The registration must be carried out as follows:
   1. The registration form must be completed via the website https://www.head.com/futureheads (“Website”) where the Applicant enters all necessary information;
   2. Explain in your own words using no more than 200 characters why the Participant is the next “Futurehead” (“Application Letter”); and
   3. Upload a video to show the Participant and his/her snowboarding talent (“Application Video”). The video must be in MOV, MPEG4, AVI, WMV or WebM format and must not exceed 100 MB.
      
      Whether or not the Participant uses HEAD products in the Application Video will NOT be considered in the selection of prospective “Futureheads Athletes”!
      
      The application documents mentioned under Point II, 1 a), b) and c) will hereafter be referred to as the “Application”.
3. The following people are excluded from participation in the Competition:
   1. The Participant may not have an exclusive sponsorship contract with another snowboarding outfitter.
   2. 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 Competition, are excluded from participation in the Competition.
4. Each Participant may submit one Application only. HEAD shall not accept any liability for errors in the submission of Applications. HEAD shall not accept any responsibility for Applications that are lost, are illegible, incomplete, damaged, or invalid in any other way.
5. The Applicant should upload the Application according to the instructions on the Website. Incomplete submission or submissions that do not match the intended format or these General Terms of Participation will not be considered.
6. The decisions of HEAD are binding in all aspects of the Competition. In the event of non-participation (also due to illness of the Participant), there shall be no right to claim reimbursement of any costs incurred (e.g. travel expenses) or for payment of a prize in cash. Cancellation of the Competition due to force majeure or due to official orders, for safety reasons, legal reasons or other reasons cannot be attributed to HEAD.
7. HEAD reserves the right to reject any Application at its discretion that contains obscene, offensive, unlawful or inappropriate content, that could infringe the rights of a third party or is not in conformity with the spirit of good sportsmanship of the Competition and its General Terms of Participation.

 

III.     Procedure of the Competition and selection of Futurehead’s Athletes

1. The Futurehead's Program is a continuous ongoing competition. Upon receipt all Applications that meet the requirements described in these General Terms of Participation will be sent to a panel of HEAD jury members for evaluation.
2. Selection of Futurehead’s athletes
   
   The panel of HEAD jury members meets at regular intervals to assess the Applications submitted to them and to select those Applications which, from their point of view, sufficiently achieve the following criteria (“Futurehead’s Athletes”):
   
   • Athletic talent of the Participant (20%)
   • Technical ability (20%)
   • Potential and development opportunities of the Participant (15%)
   • Existing activity of the Participant on social networks (15%)
   • Skills compared to peers (15%)
   • Personality, temperament and determination of the Participant (10%)
   • National ranking (5%)
   
   HEAD reserves the right, in its sole discretion, to determine the number of Participants based on the number or quality of incoming Applications. HEAD will not publish the individual ratings or provide specific information. HEAD’s decision is final. HEAD will inform the Applicants by email if the Participant they have registered has been selected as Futurehead’s Athlete. Furthermore, HEAD reserves the right to publish the name, nickname or social media name of the Futurehead’s Athletes based on the consent given by the Applicants and Participants (e.g. on HEAD’s websites, social media channels, print-media etc.).

 

IV. Prizes and reimbursement of costs

1. Futurehead’s athletes will
   1. receive a head-to-toe snowboarding outfit worth approximately EUR 1,200 and become part of “Futureheads” team for one year. In addition, HEAD hosts a Futurehead's training camp (“Camp”) once a year and will strive to enable all Futurehead Athletes to participate in the Camp. The decision whether or where and when the Futurehead’s Athletes will attend this Camp, however, is at the sole discretion of HEAD. 
2. HEAD will cover the following expenses:
   1. Return journey/flight to and from the Camp and the cost of accommodation for the duration of the stay in a reasonably priced accommodation category for the Futurehead’s Athlete, who has been selected to participate in the Camp and for one legal representative of the Futurehead’s Athlete, provided that the he/she has not exceeded 14 years of age by the start of the Camp.
   2. Costs of the Camp and three meals a day.
      
      All journeys/flights and accommodation will be selected and organised by HEAD. Any flight cancellations or delays, or the loss of travel documents will not be reimbursed by HEAD.
      
      All other costs and expenses that are not listed here, such as individual travel to the airport, taxes, fees or other personal expenses must be covered by Futurehead’s Athletes themselves.
      
      Futurehead’s Athletes cannot transfer their prize or substitute another person in their place.

3. HEAD will not release any information about participation in the Competition, promotion or ranking. Only the names and social media names of the Futurehead’s Athletes, their Application Letter and Application Video may be published.
   
   In case of contravention of the law or against good morals or if the General Terms of Participation are breached, the Applicant/Futurehead’s Athlete could risk being excluded from the Competition with immediate effect. This also applies if unauthorised means are used or attempts are made to increase the chances of winning through manipulation or to gain other unjustified advantages. If prizes were won by unfair means, they can be reclaimed retrospectively. In such a case, HEAD reserves the right to assert claims for damages. Recourse to legal action is excluded.
4. Participation in the Competition is free with the exception of those expenses and costs that are not covered by HEAD (see Point IV. 2) as well as those costs that are necessary in order to apply for the Competition (internet connection costs, costs for creating the Application Video etc.).
5. It is the responsibility of the Applicant to find out in advance and to clarify to what extent a potential athlete agreement is compatible with a sports scholarship or admission to a college, university or other institution and what effect it might have on the amateur status of the Participant. HEAD does not accept any liability in this respect.

 

V. Intellectual property rights

The Applicant and the Participating Child undertake not to be in violation of the rights of any third parties, in particular, any copyrights, personal rights, naming rights, rights to one’s own image or any other intellectual property rights.

In the Application, they may not use the works of third parties without permission, in particular, no music, drawings, brands or other image material.

If other third persons are recognisable in the Application Video, the Applicant must have previously acquired their consent to be filmed; in the case of minors, this consent must in addition be granted by their legal representatives.

 

VI. Image rights

The Applicant and the Participating Child agree that photographs and video recordings taken in the context of the Participant’s participation in the Competition may be produced, processed and used, in particular for the purposes of the Competition and the press and public relations work of HEAD and the organisers of the Competition. These photos and video recordings may also be published online (e.g. Internet, email), offline (e.g. print, recorded image) and in other media (e.g. television) for the purposes of advertising, communication and documentation of the Competition.

 

VII. Data protection

General information: The Applicants and Participants acknowledge that HEAD (Controller) will process the following personal data (first and last name, title, social media name, email address, address, nationality, telephone number, age, shoe size, measurements, Application Video, any application photos, Application Letters) and any additional personal data provided to HEAD by the Applicant or Participant in the course of the Competition for the purpose of conducting this Competition on the basis of the following legal grounds within the scope of the applicable data protection regulations: Fulfilment of the contract, any existing legal obligations and legitimate interests (to promote HEAD products and services).

Transmission: The personal data provided by the Applicant may be transmitted to third companies (e.g. parcel services for sending the prizes), other companies of the HEAD UK Group (details can be found at https://www.head.com/en-IC/about/locations/, e.g. for administrative purposes) and other contractual partners within and outside the EU/EEA in compliance with applicable data protection regulations.

Storage period: The personal data of the Participants and their applicants will be stored up to six months after refusal by HEAD, for Futurehead’s Athletes and their Applicants the data will be stored until the end of the business relationship with them or in all cases generally until the expiry of the guarantee, warranty, statute of limitations and legal retention periods (or beyond that) applicable to HEAD or until the end of any legal disputes for which the data is required as proof.

Individual rights: You have the right at all times to information, deletion, correction of personal data, revocation of your consent to data processing (if one has been granted), data transferability, objection to or complaint against the processing of your data with your competent data protection authority. Before submitting a complaint to the data protection authority, or if you have any questions about data protection, feel free to contact us: privacy@head.com.

For more information on data protection, please refer to our Data Protection Declaration.

 

VIII. Liability

1. HEAD does not assume any liability for technical disruptions within the scope of participation in the Competition and its implementation.
2. HEAD does not accept liability for damages that Participants or Futurehead’s Athletes may suffer when visiting the winter resort, provided that there is no gross negligence or intent involved; this applies in particular to the violation of road safety obligations.
3. Furthermore, HEAD does not accept liability for physical injuries that Participants or Futurehead’s Athletes may suffer in the context of the Competition, unless they are attributable to any fault on the part of HEAD, its legal representatives or agents.
4. If HEAD makes any changes to the implementation of the Competition or has to cancel said Competition for good cause, HEAD shall not be liable for compensation claims with respect to the Applicant or the Participant for wasted expenses of any kind (previous snowboarding training, acquisition of new snowboarding materials, travel expenses, application costs etc.).
5. The Participants undertake to make no legal claims or demands on HEAD, its legal representatives or agents that go beyond claims from legally required liability insurance.

 

IX. Guarantee of legal representatives

The Applicants hereby assure that the Participant is in good health and has trained sufficiently for the Competition. They also assure that the Participant has sufficient sports and health insurance coverage.

 

X. Place of jurisdiction and applicable law

1. These General Terms of Participation are exclusively subject to the laws of the Republic of Austria, provided this does not contravene any compulsory legislation.
2. Any legal issues that arise in connection with the performance of and participation in this Competition will exclusively be dealt with by the relevant courts in the place of jurisdiction of the HEAD headquarters.
3. If any clauses of these General Terms of Participation should prove wholly or partially invalid, the validity of the remaining clauses will not be affected.

 

March 2021