ART. 11 OF THE PRESIDENTIAL DECREE OF 26 OCTOBER 2001, NO. 430
"GET VERTICAL" COMPETITION RULES
The promoter
The promoter is SALEWA-OBERALP SPA, with registered offices at Via Waltraud-Gebert-Deeg, 4, 39100 Bolzano (BZ). VAT no. 00122250210.
Representatives
Playground srl, with registered offices at Via Mazzini 3/c – 20063 Cernusco Sul Naviglio (MI), and fiscal code 05469810963, and Promosfera srl with registered offices at Via Giusti 65/A, Somma Lombardo (VA), and fiscal code and VAT no. 02250050024.
Target entrants
The competition's target entrants are all adult end users.
Anybody with a collaboration and/or employment relationship with the promoter may not enter the competition. Anybody involved in organising and running the competition is also forbidden from entering.
Duration of the competition
From 16 October to 30 November 2017.
The winner will be announced by 31 December 2017.
Promoted products - Aim of the competition
The brand being promoted is Salewa.
This competition is being held for the purpose of increasing the promoted brand's visibility.
Entry methods
This competition is divided into two promotional parts, which may both be entered between 16 October and 30 November 2017, on the HYPERLINK "http://getvertical.salewa.com" http://getvertical.salewa.com website.
Users may enter both parts of the competition, provided that they comply with the limits on the number of entries and that they register/log in to their account prior to entering.
When first accessing the site, users will be asked to register by entering their personal details and a password into the online registration form. These details must be used when subsequently accessing the site.
Once the registration process has been completed and the user has logged in, they can access the two parts of the competition as described below.
PART 1 - PHOTO CONTEST
To enter this competition, users must log in to the dedicated section of the HYPERLINK "http://getvertical.salewa.com" http://getvertical.salewa.com website between 16 October and 30 November 2017, upload an amateur photograph on the theme of “pure mountain”, add a caption, complete a test, indicate their level of experience in the mountains, and state which of the two experiences they would like to win (the judging panel will not be required to consider this choice when selecting the winners).
The photograph on the theme of "ski mountaineering" must have been taken in the high mountains and must depict the competition entrant. The photograph must be in JPG format and must depict the entrant. It may also depict third parties provided that the entrant has acquired the consent of said third parties to the use of their image. The entrant assumes responsibility for the veracity of the details provided when uploading the photo.
After having uploaded the photograph, the user must indicate the location in which the photograph was taken and the altitude at which it was taken and, in addition, must add a caption of no more than 200 characters that explains the meaning of "pure mountain" to the entrant.
To complete their entry, the user must answer three technical multiple-choice questions on the theme of ski mountaineering and, to do so, will have a maximum of 60 seconds for each question. If they do not manage to answer all of the questions within the time limit, the participant may still enter the competition but will be penalised by the judging panel. When selecting the winners, the judges will take into account whether entrants completed the test within the time limit and answered the questions correctly.
The photographs and their captions will be made visible in the competition gallery within 24 hours of them being uploaded, subject to approval by the moderators, and may be voted on from 16 October to 30 November 2017. Every voter, subject to first registering and logging in, may vote up to 10 times per day with a limit of one vote per day for each photograph and may, if they wish, invite their friends to register and enter the competition. Doing so will not invalidate the entrant's results.
Each user may enter the competition with only one photograph, although it will be possible to substitute the photograph that was originally uploaded with another during the period that the competition runs for. Any votes won by the first photograph will be cancelled and the substitute photograph will start from zero votes. The entrant may only answer the yes/no questions when uploading the first photograph.
At the end of the voting period, the photographs will be arranged in descending order based on the number of votes obtained and the first 50 photographs in the rankings will be judged by the judging panel, which will decide on the winners as detailed in point 7.
Entry limits
It will only be possible to enter one photograph into this part of the competition. The user may decide to substitute a photograph that was initially uploaded by somebody else, although they will lose any votes won by the first photograph.
Voting limits
Each voting user, subject to logging in to the site, may vote on up to 10 photographs per day (with a day being understood to run from 00:00:01 to 23:59:59 on the same date). Any votes not made during a day will not be carried over and added to those for the next day, and will therefore be lost. The next day the user will have a maximum of 10 votes.
PART 2 - ADVERGAME + INSTANT WIN
To enter this part of the competition, users must log in to the dedicated section of the HYPERLINK "http://getvertical.salewa.com" http://getvertical.salewa.com website between 16 October and 30 November 2017 and play the advergame "Skip the Crack" on the theme of ski mountaineering. In particular, the user, after having selected one of the two avatars, must climb the mountain, avoiding the obstacles that they encounter during the climb and the descent (rocks and crevices). The game is composed of two levels and, to complete them, the user will initially have three lives. During their journey the user may lose lives if they come into contact with the obstacles and may acquire more lives if they manage to collect the jackets along the way. The game will end once all of the available lives have been lost or once both levels have been completed. In the event that the entrant completes the levels successfully before losing all of their lives, the lives may not be carried over or used on subsequent days.
At the end of the game, the random, instant software will be activated and the user will find out immediately if they have won one of the prizes on offer in this part of the competition.
Subsequently, the user will be given the possibility of acquiring an extra play (consisting of one game with three lives) and, more precisely, one for each of the actions indicated below:
Signing up to the Salewa newsletter;
after signing up to the newsletter, inviting 5 friends to register for the competition: the user must enter 5 email addresses; these addresses will be sent an email invitation containing a link to register for the competition.
For each invited friend who signs up for the competition via the link in the email, the friend who sent the invite will receive one extra play.
At the end of each game, the user will find out immediately if they have won one of the prizes on offer.
Entry limits
Each user will be able to play one new game with three lives each day.
Method for awarding prizes
PART 1 - PHOTO CONTEST
The photographs will be arranged in descending order based on the number of votes obtained and those in the first 50 in the rankings will be judged by the judging panel. In the event that two or more photographs obtain the same number of votes, they will given the same ranking, meaning that more than 50 photographs could be judged.
A judging panel appointed by the promoter will judge the first 50 photographs in the rankings according to the following criteria:
1 - Artistic value, originality of the subject and relevance to the "Pure Mountain" theme, where "Pure Mountain" is understood to mean an authentic relationship with the mountain. In this case, photos that depict sports activities that are immersed in nature at high altitude and that immortalise the intensity of the sports activity will be judged positively;
2 - Quality of the photo.
Besides the aforementioned criteria, the judging panel will also consider the number of votes received by each photo and the number of correct answers on the test, prioritising entrants who answered all three questions correctly.
Twenty winners will be selected, composed of 10 who, when entering, stated that they were of intermediate level in the mountains, and 10 who, when entering, stated that they were of advanced level. The former will win the advanced level Ski Mountaineering Experience and the latter will win the expert level Ski Mountaineering Experience.
The top prizes are:
one expert level Ski Mountaineering Experience for one person in San Martino di Castrozza and one Salewa outfit composed of an Antelao Cordura® Powertex Shell Jacket, Antelao Cordura® Powertex Shell Pant, two Puez Tirolwool® Celliant® Gilets, Icono Merino Necktube, Puez Wool Beanie, Couloir 32 Backpack, Vert Helmet;
one advanced level Ski Mountaineering Experience for one person in Ötztal and one Salewa outfit composed of a Sesvenna Gore® Windstopper® Jacket, Sesvenna Freak Durastretch Pant, two Puez Tirolwool® Celliant® Gilets, Icono Merino Necktube, Puez Wool Beanie, Couloir 32 Backpack, Vert Helmet.
Each winner will be awarded one Ski Mountaineering Experience and one complete outfit.
The above will take place in the presence of a notary or the promoter's or their representative's regional consumer protection officer (Art. 9 of the Presidential Decree of 26 October 2001, no. 430), who will ensure that the choices made comply with the judging criteria indicated and who may, if they deem it appropriate, request a review of the rankings.
PART 2 - ADVERGAME + INSTANT WIN
The system will identify, from among the entries during the entire period, 251 random, instant winners, of whom:
250 will win one promo code each, worth €10;
one will win one promo code worth €500.
The files containing the details of each winner identified using this instant win method will be submitted to the regional consumer protection and public trust officer (Art. 9 of the Presidential Decree of 26 October 2001, no. 430) by 31 December 2017.
Each entrant may be awarded more than one prize.
N.B. For the purpose of awarding the prizes, the promoter will ask the winners for a copy of their identity card or a valid document and, if the details entered when registering via the online form do not correspond to the document provided, the prize will not be awarded.
The promoter reserves the right to request the identity documents of both entrants and voters in order to perform the necessary identity checks on each user and guarantee the compliance of the competition.
The winner may not challenge the prize awarded or request the corresponding value in cash or the exchange/substitution for any reason. Nevertheless, in the event that the promoter is not able to deliver the prize won, it reserves the right to substitute the prizes announced with prizes of an equal or higher value (circ 28/03/2002, point 9.6). The winners may not claim any compensation following any damage arising from the acceptance and/or use of the prize.
Runners-up
Twenty runners-up will be identified for the first part of the competition in case the prize cannot be awarded to any of the winners.
Prizes not awarded to the winners will be awarded to the runners-up in order of their ranking or in the order they are drawn.
Prizes to be won
PRIZE
Quantity
Unit value
excluding VAT (where applicable)
Total
excluding VAT (where applicable)
"Ski Mountaineering" Experience, expert level,
in San Martino di Castrozza
1
€4,098.40
€4,098.40
"Ski Mountaineering" Experience,
advanced level, in Ötztal
1
€4,098.40
€4,098.40
Antelao Cordura® Powertex Shell Jacket
10
€327.87
€3,278.70
Antelao Cordura® Powertex Shell Pant
10
€286.88
€2,868.80
Sesvenna Gore® Windstopper® Jacket
10
€245.90
€2,459.00
Sesvenna Freak Durastretch Pant
10
€163.93
€1639.30
2 Puez Tirolwool® Celliant® Gilets
20
€122.95
€2,459.00
Icono Merino Necktube
20
€28.69
€573.80
Puez Wool Beanie
20
€20.49
€409.80
Couloir 32 Backpack
20
€122.95
€2,459.00
Vert Helmet
20
131.15
€2,623.00
€500 promo code
1
€500.00
€500.00
€10 promo code
250
€10.00
€2,500.00
Total prize money
€ 29,967.20
The total prize money is €29,967.20 (excluding VAT where applicable).
The value of the prize is understood to be the value of the retail prices at the time of writing of these rules.
Nature of the prize
Ski Mountaineering Experience, expert level, for one person in San Martino di Castrozza
The prize includes:
1 night in a hotel (minimum 3 stars)
1 night in a tent
1 night at base camp / in a refuge
3 days of guiding
ski pass and bus pass (where necessary)
welcome dinner
dinner at the refuge
dinner at base camp / the refuge
ski mountaineering experience.
The prize does not include:
travel from the winner's place of residence to San Martino di Castrozza and back;
everything not expressly indicated in the "the prize includes" section.
Ski Mountaineering Experience, advanced level, for one person in Ötztal
The prize includes:
1 night in a hotel (minimum 3 stars)
1 night in a tent
1 night at base camp / in a refuge
3 days of guiding
welcome dinner
dinner at the refuge
dinner at base camp / the refuge
ski mountaineering experience.
The prize does not include:
travel from the winner's place of residence to Ötztal and back;
everything not expressly indicated in the "the prize includes" section.
NB: The San Martino di Castrozza experience is available from 08.03.2018 to 11.03.2018. The Ötztal experience is available from 15.03.2018 to 18.03.2018. The dates and programmes detailed above may be subject to change due to the weather conditions or for organisational reasons. At any rate, the dates established by the promoter on which the prize is available may not be changed.
The promoter will not be liable for any damages arising from the acceptance and use of the prize, as well as the participation in the planned excursions.
The ski Mountaineering Experience may not be transferred to third parties.
The promoter will verify, wherever possible, that the person appearing in the photograph that is uploaded and entered in the competition is the same person as the winner. If this is not the case, the prize will not be awarded.
Promo code
The prize consists of a code that entitles the bearer to a discount equal to the amount won (€10 or €500) and valid towards an order placed on https://www.salewa.com. The code must be entered before payment, in the "voucher code" space on the shopping cart page, and the discount will be applied to the total amount spent, before shipping costs. The code may be used only once. The code is valid on purchases equal to or above the value of the code itself. The code must be used before 31.12.2017.
Change will not be given and under no circumstances may the code be converted into cash.
Promo codes may not be refunded in cash, resold, or transferred to another account. HYPERLINK "http://salewa.com" Salewa.com is not responsible for the loss, theft, destruction or unauthorised use of promo codes.
Notification and delivery of prizes
The winners selected by the competition judges will be informed via email, telephone, or text message.
The winners of the base camp must confirm their acceptance of the prize in writing, following the instructions included in the email, within seven days from the notification date and must confirm their identity by sending a copy of their ID document. Should they fail to confirm their acceptance by the deadline, they will be deemed to be unreachable and the prize will go to the runners-up (in order of classification). The runners-up must respect the same acceptance deadline.
The winners must accept the prize that they have won in its entirety, that is, both the experience and the outfit. The winner may not accept the prize partially, for example by only accepting the outfit; in this case the prize will be awarded in its entirety to the first runner-up available.
In the case of the acceptance and subsequent failure to attend for causes that are not the fault of the promoter, the prize will be deemed to have been awarded. The winner may not make any further claims.
The winners of the instant win will be informed of their win via video message at the time of winning and will receive the notification via email, using the email address entered during registration.
The failure to award the prizes or the failure on the part of the winner and runner-up to accept the prizes will forfeit their entitlement to the prize, which will instead be donated to charity.
The prizes awarded to the winners may not be subject to commercial or advertising exchanges.
The prizes will be awarded in compliance with Presidential Decree no. 430/2001, Article 1, Paragraph 3, as follows:
The Ski Mountaineering Experience must be used within the period indicated by the promoter. Instructions will be sent via email;
The outfits will be given to the winners during the Ski Mountaineering Experience;
The promo codes will be sent via email to the address indicated by the winner.
The organiser may not be held liable for any errors in the communication of the email address on the part of the winner.
Authorisations, declarations and guarantees concerning the content
By sending the content, the entrant authorises the promoter to publish it on its own website or on other media and to make the content and related details available for the public to use (where the promoter deems it appropriate), including after the final deadline for this competition.
The promoter reserves the full right to block out any content containing graphics or images that may be deemed to be offensive and an outrage to public decency (vulgar language, violent images, illegal activities, etc.) and that in any way violate the rights of third parties by presenting defamatory content, invading privacy or breaching any copyright.
By submitting their content, entrants waive all rights to said content (rights that will be granted to the promoter) and may not claim compensation for any future use of the content. The content must be free from copyright and will not be returned.
By submitting the content, entrants assume responsibility for the content itself, agree to enter the competition, declare and guarantee:
- that the content depicts the competition entrant themselves;
- that the content submitted is original and that said content does not violate any copyright and/or related rights and/or trademarks / industrial secrets / image rights or any other right to the commercial and/or industrial use and intellectual property of any natural or legal person;
- that it will fully indemnify the promoter and its successors and hold them harmless against each and any harmful consequence, cost or damages imposed on the promoter or its successors as a result of a breach of this declaration and guarantee. In particular, the entrant will defend and hold the promoter completely harmless against damages (including costs) that the latter is required to pay to third parties following:
a lawsuit or injunction based on the fact that the mere possession or use of the content by the promoter violates or has violated copyright, a registered trademark, a patent, know-how, invention and image rights, or any other exclusive third-party right;
any harmful consequence as a result of publishing content deemed to be offensive or an outrage to public decency (vulgar language, violent images, illegal activities, etc.).
- that they are aware and accept that the images contained in the entry uploaded for the purpose of taking part in the competition will be used and circulated on the HYPERLINK "http://getvertical.salewa.com" http://getvertical.salewa.com website and that they understand that the aforementioned entries will, therefore, be indiscriminately accessible to the public;
- that, prior to submitting the photo entry to the HYPERLINK "http://getvertical.salewa.com" http://getvertical.salewa.com website, they have obtained the authorisation of the subjects depicted for information concerning them and for their image to be acquired and published.
Free entry
The competition is free to enter.
Competition advertising and rules
The promoter will advertise the competition through HYPERLINK "http://getvertical.salewa.com" http://getvertical.salewa.com, on salewa.it and through digital advertising media such as, but not limited to, social media, newsletters, and displays.
The advert will comply with the provisions of these rules. The full rules will be available for entrants to view on HYPERLINK "http://getvertical.salewa.com" http://getvertical.salewa.com.
Territory
The competition will be valid throughout Italy and in the Republic of San Marino.
Guarantees and compliance
The names of competition entrants will be collected online using IT software for which an affidavit will be drawn up attesting to the correct functioning of the software.
In compliance with the requirements of Presidential Decree 430/2001, Art. 7, a bank guarantee equal to the total prize money will be provided.
This competition is being run in accordance with the Presidential Decree of 26 October 2001, no. 430, and according to the instructions indicated in the Circular of 28 March no. 1/AMTC issued by the Ministry of Economic Development.
Entering this competition implies the entrant's full and unconditional acceptance of the rules and clauses contained in these rules with no limitation whatsoever, including the indicated value of the prizes.
Users who, in the opinion of the promoter or third parties appointed by the promoter, participate using means and tools that are able to evade the random nature of the competition, or in any case are deemed to be suspicious, fraudulent, or in breach of the normal course of events, will be excluded from entering and may not benefit from any prizes they win. Votes obtained through the use of software or temporary or non-existent emails, or that are deemed to be suspicious, fraudulent, or in breach of the rules of the competition, if identified or considered to be as such by the means and knowledge available to the in-house software managing the competition, will be cancelled and the entry's ranking will be updated on the basis of the votes that have not been cancelled.
Therefore, the Promoter, or third parties appointed by the promoter, reserves the right to act against all entrants and in the manner it deems to be most appropriate (which includes, where necessary, requesting identity documents) and in accordance with the applicable laws.
If, following checks, it is found that votes obtained fraudulently have benefited a particular entrant, independently of the ranking generated after said votes are removed, the promoter reserves the right to disqualify that entrant.
In addition, the promoter reserves the right to disqualify any entrant who has obtained votes with illegal incentives.
14.1 Location of the server
The competition database will be hosted on a server located in Italy, based in Rome.
Electronic and telematic tools
The promoter may not be held liable for any access problem, hindrance, malfunction or difficulty concerning the technical tools, computer, telephone line, cables, electronics, software and hardware, transmission and connection, internet link, accessibility to the online game, or the mobile or fixed telephone network that could prevent a user from entering the competition.
Similarly it may not be held liable for problems caused by settings on the user's computer that could affect the user's performance when playing the game.
Withholding tax
The promoter does not intend to exercise the right to recover withholding tax as stipulated in Art. 30 of Presidential Decree no. 600 of 29/09/73 and will pay the consequent taxes.
Nominated charity
Prizes that are not claimed or awarded, unlike those that are refused, will be donated to the Associazione Onlus Amici della Guinea Bissau, with registered offices at Via Maino, 2 – Busto Arsizio (VA).
Data protection
Notice pursuant to Art. 13 of Legislative Decree 196/03 - Personal data protection code.
The personal data collected will be processed mainly electronically and directly by SALEWA-OBERALP SPA, with registered offices at Via Waltraud-Gebert-Deeg 4, 39100 Bolzano (BZ) (data controller) for operations related to participation in the competition and, with the consent of the user, for promotional purposes.
The failure to provide the data requested in the compulsory fields will prevent the user from entering the competition.
The data will be processed for the purpose of the competition by Playground srl, with registered offices at Via Mazzini 3/c – 20063 Cernusco Sul Naviglio (MI) and Promosfera srl with registered offices at Via Giusti 65/A, 21019 Somma Lombardo (VA). For the purpose of the competition, the data will also be sent to the official responsible for consumer protection and public trust for the draw, identification of the winners, and awarding of prizes to these winners.
Those responsible for processing the data are the organisers of the promotion, customer services representatives, and IT system and data security operators.
The promoter reserves the right to publish the names of the winners on the www.salewa.com website without prejudice to the winner's ability to communicate their intention to remain anonymous.
In accordance with Art. 7 of Legislative Decree 196/2003, users may exercise their rights, including the right to view, amend and delete their data or oppose its use for legitimate reasons, by writing to the data controller at the address indicated above. Likewise, it is possible to request a list of the data controllers.
Bolzano, 29.09.2017
Ober Alp SpA
The Promoter
Promosfera srl
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