FORTIS PARABOLIC FLIGHT COMPETITION - OFFICIAL RULES
TABLE OF CONTENTS
Competition Date and Times
Competition Entities
Eligibility
Entry Terms
How to Enter & Public Voting
Decision in an Event of a Tie
Competition Winner
Prizes
Notification of Competition Winners
Ownership of Entry/Grant of Rights
Rights of Publicity
Limitations of Liability
General Conditions
Personal Data
Choice of Law
© Peter Peter Team GmbH 2012
1. Competition Dates and Times:
Entry and Voting: September 1st, 2012 to March 31, 2013
Winner Clearance Period: April 1st, 2013 to April 23rd, 2013
Announcement: April 24th, 2013
Parabolic Flight: September 2013
All competition events are starting at 12:00:01 AM CET and are ending at 11:59:59 PM CET on dates noted.
Attention: All dates/times are CET (GMT+1) - Switzerland
2. Competition Entities:
FORTIS - Peter Peter Team GmbH, Turmuhrenhaus, DE-31157 Sarstedt, Germany
hereinafter referred to as “FORTIS”
3. Eligibility:
Participation in this competition is open to individuals who reached the age of 18 on the date of submission of an entry. FORTIS reserves the right to verify an individual’s eligibility to participate in the competition by requesting proof of identity and/or eligibility in a form acceptable to FORTIS (e.g. government issued photo identification). Failure to provide such proof to the satisfaction of FORTIS may result in disqualification.
Ineligibility:
The competition is not open to citizen or residents of countries where prohibited by law. Employees, directors, agents, representatives of FORTIS and their respective affiliated and subsidiary companies, any and all other companies associated with this competition are not eligible to enter or otherwise participate in this competition.
4. Entry Terms:
By entering the entrant declares that he or she has obtained all of the rights, licenses and permission in writing from any person who have may helped or participated in the creation of the entry. Also he declares that he or she follows these official competition rules and that his or her entry conforms to all mentioned requirements named above or below and also:
(1) Does not contain any use without written permission of the names, likenesses, photographs or other identifying elements, in whole or in part, of any other person other than the entrant, living or dead, except to cite sources used as part of the entry.
(2) Does not include trademarks, logos, emblems or copyrighted material not owned by entrant (including but not limited to company names, music, photographs, works of art or images published on or in websites, television, movies or other media) or otherwise infringe or violate the rights of any third party, e.g. copyrights, trademarks, patents, logos, contract and licensing rights, rights of publicity or privacy, moral rights or any other intellectual property rights.
(3) Is not subject to any third party agreement and no third party consents and/or licenses are required in connection herewith and that FORTIS will not be required to pay or incur any sums to any person or entity, e.g. any copyright collecting society or holder of copyrights, neighboring rights or moral rights or a person representing such and any person acting on their behalf as a result of use or exploitation of the idea, entry materials or rights therein.
(4) Does not defame, misrepresent or contain disparaging remarks or any other content which could affect the name, reputation or goodwill of FORTIS or any other individuals and/or entities.
(5) Does not contain pornographic or sexual content, hateful content of any kind (e.g. racism, sexism, etc.), content which promotes violence or harm to another living creature or any other offensive, obscene or inappropriate content.
(6) Does not include threats of any kind or that intimidate, harass or bully anyone.
(7) Does not violate any local, state, national or international law or post any content that would encourage or provide instructions for a criminal offense.
FORTIS reserves the right to disqualify any entrant who, in their sole discretion as determined by FORTIS or it’s representatives has violated the official rules of this competition or breached a representation or warranty at any time during the competition.
Entries that do not comply with these official rules as determined by FORTIS, in their sole discretion, will be disqualified from the competition and will not appear on the competition site.
Entrants are not responsible for any unauthorized use of entries by third parties.
FORTIS do not guarantee the posting of any entry.
5. How to Enter & Public Voting:
Every entry must be made using the “Enter”-Site on the competition website. For a successful entry in this competition all Entrees and their entries must be comply with these official rules and all rules and regulation made within.
Image entries must be picture files in following formats: .jpg, .gif, .pdf, .bmp, and must not be exceeding 3 MB. Pictures will additionally be published on www.flickr.com. Videos will additionally be published on www.youtube.com. The entrant herewith declares his approval.
Each entry will be reviewed by FORTIS according to these official rules prior to publication on the competition website.
Every voter will be allowed to participate in this competition once in 24 hours.
Every voter will be required to enter a valid e-mail address. These personal data will be stored and used by FORTIS for the validation of votes and for the drawing of the voting prize winner. The personal data will be used as described below in these official rules.
Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, e.g. offering prizes or other inducements to members of the public, as determined by FORTIS in their sole discretion. Use of these techniques or of script, macro or any automated system to vote or with the intent to impair or subvert the integrity of the voting process is prohibited and all such votes will be void and may lead to the disqualification of the applicable entry.
FORTIS decisions are final and binding in all matters relating to the competition (without prejudice of any claim that could be filed before court). All votes are subject to verification. FORTIS reserves the right in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to FORTIS) for any votes cast, to be considered valid for the purposes of this competition. Failure to provide such proof in a timely manner may result in disqualification of any votes that cannot be verified, in FORTIS’ sole and absolute discretion.
6. Decision in the Event of a Tie:
In the event of a tie, the winners will be drawn by FORTIS from all tied entries.
FORTIS’ decisions are final and binding in all matter related to the competition.
Designation as a winner is subject to verification of eligibility and proof of compliance with these official rules, maintaining compliance with these official rules and approval by FORTIS. If a winner is found not to be eligible or not in compliance with these official rules, such person will be disqualified and FORTIS may select an alternate entrant with the next highest amount of votes to be alternate winner based on the criteria even if the disqualified person’s name or entry may have been shown or announced online.
7. Competition Winner:
Depending on the number of eligible and qualified entries received by FORTIS, FORTIS reserves the right to either select fewer winners or select more than the number of winners disclosed in these official rules.
All entrants acknowledge and agree that FORTIS reserves the right to disqualify any entrant at any time, in their sole discretion on the basis of anything contained in or learned or obtained as a result of any submitted releases or any other forms requested by FORTIS that, in their sole opinion, would constitute a breach of these official rules.
8. Prizes:
Prizes: A seat in a parabolic flight and a FORTIS B-42 Official Cosmonauts Chronograph watch for the winner of the competition by voting, one FORTIS B-42 Official Cosmonauts Day/Date watch for a drawn winner of all voting participants (voters).
General Travel Conditions
Winners who reside outside of the country operating the parabolic flight will be required to depart from and return to an international airport in their respective country. Details will be provided. The expense of getting to the airport and returning home from the same airport is the responsibility of the winner.
Specific travel arrangements will be made by FORTIS. FORTIS retains sole discretion for the selection of departing airport, destination airport, airline carrier, flight times and destination hotel. Winners will be required to provide passport information approximately thirty (30) days prior to the trip for security clearance purposes. The date, time and location of the trip may be changed at the sole discretion of FORTIS and winners may be required to travel on fifteen (15) days or less notice. If a winner cannot travel during the travel dates that are selected by FORTIS, then that winner shall be deemed to have forfeited that portion of the prize and another Entrant shall be chosen by FORTIS to participate in the flight. FORTIS is not liable for any expenses incurred as a consequence of flight cancellation/delay. The winner is responsible for obtaining all required travel documents and any required insurance prior to travel. The winner is also responsible for all costs and expenses incurred in connection with obtaining all required travel documents as well as any insurance. The winner is solely responsible for determining and complying with all applicable international or domestic travel procedures and restrictions. The winner must comply with all hotel check-in requirements. Specifics of this travel package are subject to availability and remain solely at discretion of FORTIS. Complete terms and conditions of the trip will be furnished with notification. All costs and expenses associated with prize acceptance and use not specified herein as being provided, e.g. federal, state, local, county, provincial and other taxes, luggage fees, travel documents, insurance, meals, incidentals, in-room charges, telephone calls, beverages, gratuities and any other expenses not specified in these official rules are the sole responsibility of the winner.
If the winner is unable to participate in any portion of a trip and/or except a prize for any reason, no compensation or substitution will be provided in lieu thereof and FORTIS will have no further obligation to such winner. The place of the parabolic flight will be announced in time. The parabolic flight will presumably take place in France. Terms and Conditions apply and all participants may be required to attend a pre-flight seminar session. Complete terms and conditions will be disclosed to the winner at time of prize award.
General Health Conditions
Prior to the flight, the winner must pass a physical examination, operated by a flight surgeon.
The winner commits to fullfill this examination within the required amount of time. If he does not pass the examination, FORTIS can chose, define and call another person as the winner of the contest.
Furthermore, the flight surgeon in charge during the preparation and flight phase may exclude the winner for health reasons at his/her discretion.
General Prize Conditions
The prizes are not transferable, assignable or redeemable for cash except at FORTIS’ sole discretion. All tax liabilities and any other costs associated with prize acceptance and use are the sole responsibility of the competition winner. The winner must comply with all venue and activity rules and regulations. Failure to do so may result in forfeiture of such portion of prizes. All details of any prize not specified herein are at FORTIS sole discretion. FORTIS is not responsible for any issues, technical or otherwise, that may affect the successful parabolic flight. However, should situations arise beyond the control of FORTIS that prevent the successful completion of the flight, FORTIS reserves the right to award the remaining prizes as the limit of their liability.
9. Notification of Competition Winner:
The potential competition winners will be notified of their selection as winner via e-mail, phone or mail around April 24, 2013. If any documents sent to the potential winners by any means are returned as undeliverable, if FORTIS is unable to contact a potential winner within time noted in the correspondence or, if any potential winner fails to properly execute and return all documents described herein in the time noted, or if any such entrant is found not to be eligible or not in compliance with these official rules, he/she will be disqualified and a runner-up will be selected and be notified as an alternate winner for the category at issue. In the event that a potential winner is disqualified for any reason, FORTIS may award the prize to a runner-up for the category at issue even if the disqualified potential winner’s name or entry may have been shown or announced online or elsewhere.
10. Ownership of Entry/Grant of Rights:
The entrant will retain ownership to his/her entry subject. However, by entering the competition, and to the extent allowed by law, entrants grant FORTIS and their respective affiliates, licensees, promotional partners, developers, legal representatives, assigns and agents a perpetual (except in countries were otherwise regulated by law), worldwide, royalty-free, non-exclusive, unconditional and transferable license to alter, modify, use or reuse all entrant’s statements and materials submitted in connection with this competition in any and all ways, as well as all additional materials relating to the entrant and arising out of his/her participation in this competition in any and all media known, in any language, throughout the world and in any manner, for trade, advertising, promotional, commercial or any other purposes in connection with this competition without further review, notice, approval, consideration or compensation to entrant or any third party.
To the extent permitted by law, each entrant waives and releases FORTIS from any and all claims that each entrant may now or hereafter have in any jurisdiction based on “moral rights” or unfair competition with respect to FORTIS’ exploitation of entries without further notification or compensation to entrants of any kind. Each entrant consents to any act or omission by FORTIS that would otherwise infringe his/her moral rights in present and future rights of similar nature conferred by statute anywhere in the world whether occurring before or after this consent is given, and agrees not, unless there has been any use of an entry or any derivative works thereof in a manner contrary to these official rules, to instigate, support, maintain or authorize any action, claim or lawsuit against FORTIS or any other person in connection with this competition, on the grounds that any use of any entry or any derivative works thereof, infringe or violate any rights, including moral rights of any entrant and/or any participant therein. In the event that the waiver of moral rights as stipulated above is unenforceable or invalid, entrants thereby acknowledge and agree that FORTIS are authorized to exercise all moral rights to the entries, including but not limited to a right to publish, alter and adapt such entries and where applicable, also to join such entries with other work of mind and include such entries into a collective work or database. For the avoidance of doubt, the entrants agree to the publication and/or reproduction of their entries.
11. Rights of Publicity:
By entering the competition, except where prohibited by law, each entrant agrees that FORTIS shall have the right and permission to use and announce the name, picture, voice, background and biographical data, photograph, testimonial or other likeness and/or prize information or personal exposition (and/or any edited portion thereof) and/or any information contained in his/her entry for promotional, advertising, publicity and/or other purposes in relation to the competition in any and all media known, in any language, throughout the world, in perpetuity (except where otherwise regulated by law) and in any manner for trade, advertising, promotional, commercial or any other purposes in connection with this competition and the use of the entry without further notice, approval or compensation of or to the entrant.
Each winner will need to sign additional release documents issued by the party that operates the flight experience before they will be allowed to participate in the flight experience.
12. Limitations of Liability:
Except where prohibited by law and to the extent that the negative consequences described below are the foreseeable result of matters within FORTIS’ reasonable control are the direct consequence of negligence or default by any of them, FORTIS is not responsible for any incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the FORTIS or competition site, for the inability to upload or download any competition-related materials from the FORTIS or competition site or for late, lost, damaged, misdirected, delayed, garbled, incorrect inaccurate, stolen, damaged or incomplete entries or votes.
Each entrant accepts the conditions stated in these official competition rules, agrees to be bound by the decision of FORTIS, without prejudice of any claim that could be filed before court, warrants that he or she is eligible to participate in this competition and agrees except to the extent that any personal injury or death is caused by FORTIS intentional misconduct or gross negligence and to the maximum extent permitted by applicable law that FORTIS shall not be responsible for any claims, losses, liability and damages of any kind (including reasonable attorney’s fees and expenses, indirect or consequential loss) asserted against any of them, arising in connection with the use, acceptance or misuse of any entry material or while preparing for, participating in and/or traveling to or from any competition-related activity, including but without limitation, any injury, damage, death, loss or accident to person or property or from the respective entrant’s breach of any agreement or warranty associated with the competition, including these official rules. Any attempt to deliberately damage any website or undermine the legitimate operation of the competition is a violation of the law and, should such attempt be made, FORTIS reserves the right to seek damages or other remedies (including attorney’s fees) from any such person(s) responsible for any such attempt to the fullest extent permitted by law. Notwithstanding the review of any entry by FORTIS, each entrant understands and agrees to bear sole liability for the contents of his/her activity and agrees to reimburse FORTIS for any damages and/or costs incurred as a result of a third party’s claim or demand relating to the content of his/her entry.
The winners acknowledge and understand that in the course of participating in the parabolic flight, such winner may have the opportunity to engage in various activities which may be considered to be dangerous. Each prize winner fully appreciates and accepts the actual or potential legal liability and/or risk of death or injury that may result from participating in the Zero-G microgravity flight. He or she personally assumes all risks of injury and death, except where such injuries, losses or damages are the direct consequence of intentional misconduct, gross negligence or default by FORTIS, hereby releases FORTIS from any and all costs, injuries, losses or damages of any kind, including but without limitation, claims for any and all physical and/or mental injuries, infliction of emotional distress, damage or loss to any personal property, loss of income or any other tort or cause of action in connection therewith due in whole or in part, directly or indirectly, to prize winners participation in the prize. The prize winners will need to meet health requirements and sign additional release documents issued by the party that operates the flight experience before they will be allowed to participate in the flight experience. Participants must be in generally good health and without physical disabilities which would create a hazard either for the participant or other participants.
13. General Conditions:
FORTIS’ decisions are final and binding in all matters relating to this competition, including interpretation of these official rules (without prejudice of any claim that could be filed before court). In the event of discrepancy between these official rules and any other documents issued relating to this competition, the official rules take precedent. The potential winners may be contacted by e-mail, phone or mail.
FORTIS reserves the right, in its sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the competition or violating these official rules and voids all associated entries or votes.
FORTIS may cancel, modify or suspend the competition (or portion thereof) due to a force majeure event or any other event which gives FORTIS, to its sole discretion, the reason to do so. In the event of termination, FORTIS reserves the right, at its sole discretion, to determine the competition winners from among all non-suspect, eligible entries received up to time of such action.
Each entrant hereby acknowledges and agrees that the relationship between the entrant and FORTIS is not confidential, exclusive or other special relationship and that the entrant’s decision to submit an entry in connection with this competition does not place FORTIS in a position that is any different from the position held by members of the general public with regard to elements of the entry other than as set forth in these official rules.
14. Personal Data:
Personal information collected from entrants will include: name, age, e-mail, country of residence and language of entry (“Personal Information”). All personal information will be transferred to FORTIS. All personal information will be used by FORTIS in accordance with this official rules for the purpose of administering this competition.
Each entrant agrees to the use of his or her personal information for such purpose.
Personal information will be held in the respect of this competition. FORTIS will not sell, share or otherwise disclose personal information collected with any third parties, other than those parties necessary to fulfill the above purposes. Entrants have a right of access to, modification and withdrawal of their personal information. The Entrant may at any time withdraw his consent by sending an email to contests@fortis-watches.com. FORTIS will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with these official rules.
15. Choice of Law:
Unless the laws relevant for the domicile of the entrant provide otherwise, this competition is governed by German law and is subject to all applicable federal, state, and local laws. Except where prohibited by law, any and all legal actions or claims arising in connection with this competition must be brought in a court of competent jurisdiction in federal state of Lower Saxony, Germany.
In case any portion of this Official Rules are or become void, all other terms and conditions remain unchanged.
FORTIS reserves the right to change these official rules and all terms and regulation on any time without further notice.
