1.PROMOTOR/ORGANIZER
The competition called “8.6 rock you” is being organized by Bavaria N.V., a private limited liability company incorporated under the laws of the Netherlands, having its principal office at Lieshout (the Netherlands) and office address at De Stater 1, NL-5737 RV Lieshout, the Netherlands (hereinafter: ‘Bavaria’).
2.COMPETITION
The Competition consists of an online game and a prize draw on the www.86rockyou.com website (hereinafter: the ‘Competition’).
Participating in the Competition implies acceptance of these Competition Rules.
3.PERIOD
Participating in the Competition is possible by entering between November 1st 2010 to January 31st 2011.
4.AUTHORIZATION TO PARTICIPATE
Participation in the prize draw is reserved solely to legal residents of Canada (Quebec residents are excluded), France, Spain and the Netherlands who are eighteen (18) years or older as of the participation date. In case of dispute, proof of identity may be requested. The prize draw is not open to staff and employees of Bavaria and/or affiliated companies or their immediate family members.
No purchase is necessary to participate in the Competition and no costs are being charged by Bavaria.
5.PARTICIPATION IN THE COMPETITION
To participate in the Competition, the participant:
(1) must visit the website www.86rockyou.com (hereinafter: the ‘Website’);
(2) must fill out the forms declaring age and country of origin of the participant;
(3) must obtain a 8.6 brand logo available from:
• any of the brand products: 8.6 Original, 8.6 Red and 8.6 Gold by Bavaria;
• press announcements relating to the Competition;
• the mini web site dedicated to the operation, www.86rockyou.com, by downloading and printing;
(4) must click the "Click to Play" link;
(5) after enabling the use of the webcam, the participant must present the 8.6 brand logo to the webcam in the area provided for on the Website. Once the 8.6 brand logo is recognized by the system, the message "Detection OK" appears on the screen.
If the participant does not have access to a webcam, he/she can participate directly in the Competition by clicking the link "If you don’t have a webcam, click here";
(6) will be invited to participate in an interactive animated game called "Rock You" where he/she plays a guitar with the 8.6 brand logo. The aim of the Rock You game is to catch as many notes as possible falling on the guitar neck with help of the 8.6 brand logo.
Playing the Rock You game is not a compulsory condition for participation in the prize draw. If the participant wishes, he/she may directly access the prize draw participation form by clicking the "Finish Game" link;
(7) is invited to click the "Participate The Draw" link (at the end of the Rock You game or after clicking the "Finish Game" link);
(8) must fill in all the mandatory fields on the form that appears on the screen:
• Last Name;
• First Name;
• Email address;
(9) must, after having opened the Competition Rules using the "Competition Rules" link,:
(a) check the box "I have read and understood the Competition Rules and I accept the Competition Rules"; and
(b) check the box “I explicitly agree that Bavaria N.V. may collect, use and process my personal data in accordance with article 10 of the Competition Rules and may provide its affiliated companies belonging to the European Bavaria group of companies with my personal data”
and then validate the form by clicking the "DONE" button.
After completion of step 8 mentioned above, the participation in the Competition is registered. The participant then receives an email confirmation at the address indicated on the form.
6.INVALID PARTICIPATIONS
Participations for which contact details prove to have been entered incorrectly or prove to be wrong will be considered invalid.
More generally, any participation in the present game which presents an anomaly (e.g. wrong age, incomplete or incorrect form, attempt to fraud or cheat) will be rejected.
7.PRIZES
Participants can win the following prizes:
• One 15 day roundtrip to the United States for two people including a 4 stage itinerary through the most mythical cities in the history of rock music (New York City, New Orleans, Los Angeles, Seattle), including air transport from and to the international airport closest to the winner’s registered place of residence, transport while on location, accommodation including breakfast and cancellation insurance. All other expenses not specified herein are the responsibility of the winner (e.g. resort taxes, food and beverage, travel insurance and personal expenses), the total market value of which varies between € 3,000.00 and € 6,000.00;
• 2 Gibson “Les Paul Studio” guitars, each worth € 819.00 (retail value VAT inclusive);
• 4 Schott jackets, each worth €560.00 (retail value VAT inclusive).
Further details of the prizes can be found on the Website.
8.DRAW AND NOTIFICATION OF THE WINNERS
All entries will be entered into the prize draw and seven (7) winners will be selected at random. Furthermore, for every prize two (2) runner- up winners will be selected at random. Winners will be drawn from all valid entries received from all applicable countries. The Competition will run from November 1st 2010 to January 31st 2011. The prize draw will take place on March 1st 2011 in a neutral and impartial manner and will be executed under the control of a Dutch notary (P. Broekmans, notary in Eindhoven, Notariskantoor Broekmans - Mahatma Gandhilaan 4- 5653 ML EINDHOVEN- THE NETHERLANDS). The winners will be notified by email before March 15th 2011.
After being notified the winner has to confirm/provide his/her full contact details and other information requested by email within 30 days. The winner will then be informed of the details of how to benefit from his/her prize.
Any potential winner who:
(a) cannot be contacted within 14 days following the date of first attempted notification; and/or
(b) does not confirm/provide his/her full contact details by email within 30 days after the date of first attempted notification;
will forfeit her/his prize and the prize will be awarded to an alternative winner from the runner-up prize winners.
The winners of the Gibson electric guitars and the Schott jackets will receive their price within eight (8) weeks after the prize draw.
The winner of the trip to the United States will receive the necessary documents and information (e.g. transport tickets and hotel reservations) within eight (8) weeks after the prize draw.
The 15 days roundtrip to the United States for two people including a 4 stage itinerary through the most mythical cities in the history of rock music (New York City, New Orleans, Los Angeles, Seattle) only comprises: air transport from and to the international airport closest to the winner’s registered place of residence, transport while on location, accommodation including breakfast and cancellation insurance. All other expenses not specified herein are the responsibility of the winner (e.g. resort taxes, food and beverage, travel insurance and personal expenses).
Furthermore, the winner of trip to the United States shall be responsible for getting all the administrative documents required for the travel and that he will have to respect the general conditions of the tour operator who will be in charge of the travel.
9.NO RIGHT OF COMPLAINT
Prizes offered within the framework of the Competition cannot, under any circumstances, be exchanged for any other prize and cannot be subject to any complaint or dispute. Bavaria reserves the right to substitute the prizes with other prizes of equal or higher value in case of unavailability of one or more prizes, without entitling participants to any right of complain.
10.PRIVACY, PERSONALITY AND IMAGE RIGHTS
When visiting the website and participating in the game, personal data may be collected by Bavaria, either directly (where the visitor or participant is asked to provide his/her personal data) or indirectly.
The visitors of the Website and participants explicitly agree that the following personal data may be collected, processed, used and disclosed by Bavaria N.V. and Bavaria N.V. may provide these personal data to its affiliated companies belonging to the European Bavaria group of companies :
• concerning a visitor when he/she visits the website:
o Date of birth (day, month, year);
o country of residence;
• concerning a participant when he/she participates in the Competition:
o first and last name;
o email;
o images of the participants (if he/she plays the game by using a webcam).
• from a participant if he/she wins the Competition:
o address of domicile;
o country of domicile.
The abovementioned personal data will be used for the performance of the Competition and will be provided to third parties (e.g. the tour operator who will be in charge of the travel) if this is necessary to benefit from prizes.
By accepting his/her prize, each winner expressly authorizes Bavaria N.V. and its affiliated companies belonging to the European Bavaria group of companies, to determine, use, publish and exploit all or any of the personal information provided on the entry form and with the entry, including his or her surname and first names and webcam images, for advertising, commercial, marketing or promotional purposes directly relating to the Competition and/or Bavaria using any existing or future media. Such use of personal data will not give rise to any rights of a winner other than the prize won.
Furthermore, each participant expressly authorizes Bavaria N.V. and its affiliated companies belonging to the European Bavaria group of companies, to determine, use, publish and exploit his/her webcam images, for advertising, commercial, marketing or promotional purposes relating to the Competition and/or Bavaria using any existing or future media. Such use of personal data will not give rise to any rights of a participant.
Furthermore, personal data may be collected and analyzed in connection with the use of the website, such as IP address, domain name, the number of hits, the pages visited, previous/subsequent sites visited and length of user session. This information may be collected by using cookies. The use of cookies can be allowed or prevented by changing the settings of the browser.
To review, or to request rectification or removal of the personal data collected, or to raise any questions or complaints, please send an e-mail to contact@bavaria86.com or write to: ROCK YOU GAME - BAVARIA BREWERY- 5737 ZG Lieshout - The Netherlands.
11.CHANGE OR CANCELLATION OF THE COMPETITION
Bavaria reserves the right, if circumstances require it, to shorten, lengthen, change, stop, put forward or cancel the Competition. Bavaria cannot be held liable for any damages suffered by participants as a result thereof.
Bavaria reserves the right to stop or suspend the Competition in case of fraud or in any other case when, for any reason, the computer system allocates prizes which were not provided for in these Competition Rules. In that case, the messages informing the participants of winning will be considered null and void. By no means will the number of prizes exceed the number provided for in these Competition Rules.
12.LIMITATION OF LIABILITY
Bavaria is not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Competition; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, the internet network or hardware, software, scripts or data; (3) unauthorized human intervention in any part of the entry process of the Competition; (4) technical or human error which may occur in the administration of the Competition or the processing of entries; (5) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from a person’s participation in the Competition or receipt or use of any prize.
More specifically, Bavaria is not responsible for any material or immaterial damage caused to the participants, to their computing equipment and to the data stored in it, and of the consequences which could disturb their personal, professional or commercial activity.
Moreover, Bavaria cannot be held responsible if participants are unable to connect to the Website or unable to compete because of any technical fault or any problem linked to network traffic density, even if this is due to an error on the part of Bavaria or third parties acting on its behalf.
Bavaria shall not be liable for any and all damage, including but not limited to physical and material damage, incurred during or as a consequence of the use or consummation of any of the prizes.
If for any reason a participant’s participation is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, the participant’s sole remedy is another participation in the Competition.
13.GOVERNING LAW
These Competition Rules, the Competition and all matters arising from or connected with it, are solely governed by the laws of the Netherlands.
14.ADDITIONAL TERMS FOR PARTICIPANTS RESIDING IN THE NETHERLANDS
These Competion Rules are in accordance with the Dutch Code of Conduct regarding Promotional Games of Chance (Gedragscode Promotionele Kansspelen).
15.ADDITIONAL TERMS FOR PARTICIPANTS RESIDING IN FRANCE
Free participation: Telecommunication and access expenses corresponding to the time of connection to the Website have been evaluated at a lump sum of € 0.24 per entry for a 5 minute connection.
These expenses shall be reimbursed to any entrant who requests it (with a maximum of 5 refunds per household), provided that a valid proof of the corresponding expenses is provided with such request. This written request shall include the following details:
o participant's last name, first name and address;
o date, time and duration of the participant's connection to the Website;
o a copy of the detailed invoice from the telephone company and/or the internet service provider to which the participant is subscribed, showing the time and date of the connections and the disconnections to the site;
o the participant's bank account details.
Requests must be sent in writing by the participant to ROCK YOU GAME - BAVARIA BREWERY- 5737 ZG Lieshout - The Netherlands within fifteen (15) days after the prize draw. The stamps used for the reimbursement request at the normal rate may also be reimbursed upon written request to the same address within the same deadline.
16.ADDITIONAL TERMS FOR PARTICIPANTS RESIDING IN FRANCE AND CANADA
Availability Competition Rules: These Competition Rules and further information regarding the Competition are freely available on the Website and upon written request at the following address ROCK YOU GAME - BAVARIA BREWERY- 5737 ZG Lieshout - The Netherlands. Postage expenses at the normal rate will be reimbursed upon request made at the same address.
