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Terms and Conditions for the "100,000 Fans Celebration Contest" ARTICLE 1 THE ORGANIZING COMPANY AND A PRESENTATION OF THE COMPETITION SCOTT Sports SA (hereafter referred to as SCOTT), a private company, the head office of which is located at 17, Rue du Crochet – CH- 1762 Givisiez, Switzerland, acting through its legal representatives, domiciled in this capacity at the said registered office has decided to organise a competition entitled "100,000 Fans Celebration Contest" (hereafter referred to as the "Game") from October 30th, 2012 to November 12th, 2012 at 8:00am CET via Email. Contest overview is explained on the SCOTT Sports webpage: http://www.scott-sports.com/global/en/news/bike/100000_Fans_Celebration/, (hereafter "the Website"). ARTICLE 2 TAKING PART AND ACCEPTANCE OF THE RULES By taking part in the Competition, the participant (hereinafter referred to as “the Competitor”) accepts unreservedly the present Rules and the principle of the Competition. Anyone breaching one or more of the articles of the present Rules shall be deprived of the possibility of taking part in the Competition and also of any prize that he or she might otherwise have won. The Game, which entails no obligation to make a purchase, is open to any person, with the exception of those persons having a legal link with SCOTT and their families. The participants should be above 18 years old. Any form of participation in the Competition other than those expressly defined by the present Rules is excluded and shall not be taken into consideration by SCOTT. ARTICLE 3 ACCESS TO THE RULES OF THE COMPETITION Every Competitor has access to the Rules of the Competition from the Website making it possible to take part in the Competition. ARTICLE 4 HOW THE COMPETITION WORKS SCOTT will provide a printable PDF depicting a graphic that writes “I Ride on SCOTT” (hereafter referred to as The Sign). Contestants are asked to download the PDF and print it from this link: http://assets.scottsports.com.s3.amazonaws.com/docs/I-ride-on-scott.pdf. The PDF is designed to be printed on either an A4 or an 8.5inch x 11inch paper. SCOTT Sports judges will consider entries that do not use The Sign, or that use a larger or smaller version of the Sign. Once the contestant has downloaded and printed The Sign, contestants are asked to take a photo of themselves with The Sign and email it to 100k@scott-sports.com. Contestants are required to provide the following information in the body of the email when submitting their photograph. 1.
Full Name
2.
Year of Birth
3.
Address
4.
Do you want to be subscribed to the SCOTT newsletter? (Yes or No)
All images sent by email to 100k@scott-sports.com will be considered entries for 100,000 Fans Campaign but contestants who do not provide the necessary information in the body of the email may not be considered to win the personalized SCOTT sticker (more information on the details of both of these scenarios below). By sending SCOTT an email with an image attached to 100k@scott-sports.com, participants agree to these Terms and Conditions of the Game. All photos sent to 100k@scott-sports.com will be considered for use in one, or both, of the following scenarios: 100,000 Fans Campaign After the contest is closed on November 12 th, 2012, SCOTT will select a number of photos to be used in its 100,000 Fans Campaign. These selected participants are not considered winners of the contest and will not receive any prize. The number of photos and specific photos that SCOTT selects is entirely up to the SCOTT marketing department. All images received by email to the account 100k@scott-sports.com immediately become the property of SCOTT upon receipt. The participant accepts expressly and free of charge that his or her surname, forenames, and photograph may be published by SCOTT. To this end, the participant authorises in advance and without any financial consideration in return, SCOTT to use, reproduce, and represent his or her name, address, and photograph for the purposes of promoting the Competition or the business of SCOTT on any communications media. This option may not constitute an obligation incumbent on SCOTT. Winners of the 50 Personalized SCOTT Stickers After the contest is closed on November 12 th, 2012 SCOTT will also select 50 entries to win a personalized SCOTT sticker. This selection is in no way related to the selection made for the 100,000 Fans Campaign. SCOTT will design the sicker using the name that contestant provided in the body of the email when submitting his or her photo for the
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Game. Each winner will receive 5 identical copies of the personalized sticker by mail to the address that the contestant provided in the body of the email. SCOTT Sports is not responsible for any wrong information provided by the contestant and is not required to create new stickers or re-send the stickers to a different address, for any reason. The 50 winners may or may not be included in the 100,000 Entries Campaign described in the paragraph that precedes this one. ARTICLE 5 DETERMINING THE PHOTOS USED IN THE 100,000 FANS CAMPAIGN AND THE WINNERS OF THE 50 PERSONALIZED SCOTT STICKERS SCOTT marketing department (hereafter referred to as the Judges) will choose the images that will be used in the 100,000 Fans Campaign and the 50 winners 50 of the personalized SCOTT stickers. The Judges are entitled to use their own opinion when selecting their preferred entries and may not be held liable for any disagreement with their choice, for any reason. There will be fifty (50) winners of the personalized SCOTT stickers. These winners may or may not be the same photographs as the ones selected for the 100,000 Fans Campaign. A competitor may enter multiple times. Once a Winner has been identified, SCOTT Sports SA shall contact the Winner as quickly as possible by email and will send the personalized SCOTT stickers by mail to the address provided in the same email that had the winning photo attached. SCOTT will not consider entries that have not provided a valid mailing address. Competitors are fully liable for the validity of the information that they give at the time of their entry, in particular of their full name, email addresses and mailing addresses. The prize shall be made available as quickly as possible after the results have been given and the Winner has been declared. Under no circumstances may SCOTT Sports be held liable for delays in making prizes available or for impossibility for Winners to claim enjoyment of their prizes because of circumstances beyond the control of the judges and/or of SCOTT Sports SA. In particular SCOTT Sports SA may under no circumstances be held liable in the event of the prizes being lost and/or damaged by the postal authorities or by any other similar third party service provider, and, more generally, if the Winners do not receive their prizes. In the event that the prizes cannot be sent by post, the conditions under which they may be collected shall be specified to the Winners by any means at the convenience SCOTT. ARTICLE 6 RIGHT TO NAME The participant accepts expressly and free of charge that his or her surname, forenames, and photograph may be published by SCOTT. To this end, the participant authorises in advance and without any financial consideration in return, SCOTT to use, reproduce, and represent his or her name, address, and photograph for the purposes of promoting the Competition or the business of SCOTT on any communications media. This option may not constitute an obligation incumbent on SCOTT. ARTICLE 7 NAMED DATA AND INFORMATION The Winner recognises and accepts that any named data he or she might have disclosed to SCOTT in order to take part in the Competition may be passed on to the Judges in order for them to know who’s entry they are looking at and to know who was the winner. ARTICLE 8 PRIZE Fifty (50) Grand Prize Winner will receive a personalized SCOTT sticker, designed by SCOTT employees. The sticker will depict the name provided by the participant in the email that was sent along with his or her entry. The prize will be sent to the email address provided by the participant in the email that was sent along with his or her entry. The prize shall be sent to the Winners alone by SCOTT Sports SA alone. The prize shall be accepted as announced. Since the prize is under the full responsibility of SCOTT Sports SA and its partners, the judges may not be held liable for any failure in the prize or in awarding thereof. The judges decline any responsibility relating to the prize having a defect or having caused damage. The prize may not be exchanged, taken back, or be the subject of any financial consideration or financial equivalent. It is specified that neither the Judges nor SCOTT shall provide any additional service as regards cover or guarantee, assistance, taking up of rights to enjoyment, or making the prizes available, the awarding of the prizes merely consisting in giving the prizes as described. Therefore, unless otherwise expressly stipulated in the description of the prizes, all ancillary expenses relating to the awarding of the prizes or general expenses related to taking possession of the prizes – in particular travel expenses, eating expenses, accommodation expenses, etc., shall remain borne by the Winners. No cover or reimbursement shall be due in this regard.
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In any event, the terms on which the prizes are made available shall be as notified by SCOTT. SCOTT Sports SA reserves the possibility of replacing the prize by a prize of equivalent value, without it being possible for any claim to be lodged in this regard. SCOTT and the judges expressly declines any responsibility for any incidents or harm of any type that might arise due to enjoyment of the prize and/or due to use thereof and this is recognised expressly by the Winners. The Winners therefore waive the right to any claim and any recourse against the judges and/or SCOTT or any one of the companies of the groups to which they belong as regards the prizes, in particular the quality thereof or any consequence arising from taking possession of a prize. Only one prize may be awarded to a Competitor (having the same details) throughout the Competition, including any periods of renewal thereof. ARTICLE 9 RESPONSIBILITIES AND RESERVATIONS Responsibilities: SCOTT may not be declared responsible for any total or partial malfunctions of the Internet that might or might not have given rise to failures in administration, security, input, integrity, or management of the Competition. In particular, they may not be declared responsible for any error, omission, imperfection, interruption, deletion, transmission delay, failure of communication and connection circuits, destruction, damage, or technical failure of the fixed or mobile terminal of the Competitor, or for any other problem relating to telecommunications networks, to on-line mobile terminals and computers, or to servers or access providers. SCOTT Sports SA reserves the right to exclude from taking part in the present Competition any person disturbing the progress of the Competition. It reserves the right to take legal action against anyone who has cheated, defrauded, manipulated or disturbed the operations described in the present Rules or who has attempted to do so. A winner who has cheated shall automatically forfeit any right to obtain any prize. By participating in this competition, all participants automatically acknowledge that their participation implies a fair attitude, meaning the participants will respect the competition’s rules and other participants’ rights; they commit not to use any proceeding or try to use any proceeding which is not strictly in line with the competition’s rules; if it is discovered that a winner has cheated, his right to obtain any prize shall automatically be withdrawn; SCOTT Sports reserves the right to exclude any person who does not strictly respect the competition’s rules or who disturbs in any way the competition; SCOTT Sports reserves the right to take legal action against anyone who has cheated, defrauded, manipulated or disturbed the competition or who has attempted to do so; SCOTT Sports reserves the right to cancel the competition if it discovers serious cases of apparent fraud; SCOTT Sports reserves the right to determine the definition of cheating in this game. SCOTT Sports SA reserves the right, in particular for compelling reasons and/or for reasons of force majeure, to shorten, extend, or cancel the present Competition in part or in full if circumstances so require. It may not be held liable in such a case. Prior notice of such changes may however be given by any suitable means. In the event of force majeure, of unforeseeable circumstances, or of exceptional circumstances (fire, flood, natural disaster, ill-intended intrusion into the computer system, strike, calling into question of the financial and technical equilibrium of the Competition, etc.), and even if such circumstances are its own responsibility (subject to it having acted in good faith), SCOTT Sports SA may terminate the Competition in full or in part. The present Competition shall be cancelled in the event of winding-up of SCOTT, or in the event of force majeure, without the Competitors or the Winner being entitled to claim any compensation in that regard. The Rules may be altered at any time by SCOTT, in compliance with the principles set forth above in this respect. Checks and Reservations: Any information disclosed by the Competitors and by the Winner, in particular their details, shall be considered as null and void and shall not be taken into consideration if it includes an anomaly. Any cases not provided for by the Rules shall be settled as a last resort by SCOTT. Neither SCOTT nor the Judges may be held liable for harm of any type (personal, physical, material, financial, or other harm) arising during the course of participation of a Competitor in the Competition. ARTICLE 10 APPLICABLE LAW The present Rules are governed by Swiss Law. In order to be taken into account, any dispute or objection relating to the Competition shall be made at the latest thirty (30) days as from the closure of the disputed Competition Session, in writing only and sent to the following address: SCOTT SPORTS Online Marketing 17, Rue du Crochet CH- 1762 Givisiez Switzerland SCOTT Sports SA shall decide on any matter relating to application of the present Rules or not settled by them. Except for cases of fraud by the Competitors and in issuing of the prize that is under the sole responsibility of SCOTT Sports SA, any dispute that might arise during performance of the present Rules shall be settled preferably out of court between SCOTT Sports SA and the Competitor.
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Any dispute that might arise on interpreting the present Rules shall be referred expressly to Swiss Law and to the sovereign judgement of SCOTT Sports SA, and, as a last resort, to the judgement of the competent Courts of the jurisdiction of the Fribourg Appeals Court.