REGULATION ARTICLE 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
The representatives are 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.
Anyone that works with and/or is an employment relationship with the promoter may not enter the competition. Anyone involved in organising and running the competition is also forbidden from entering.
Duration of the competition
From 11 June to 15 July 2018.
The prize draw and final announcement of winners will be made by 31 July 2018.
Promoted products - Aim of the competition
The brand promoted is Salewa.
This competition is held for the purpose of increasing the promoted brand's visibility.
Entry methods
This competition consists of two parts independent of one another: a photo contest and an advergame, both of which can be accessed via the getvertical.salewa.com website.
Users may enter both parts of the competition.
When users access the website for the first time, they will be able to register by entering their personal details and a password into the registration form. These details must be used when subsequently accessing the website. Alternatively, users may select which of the 2 parts of the competition they wish to enter and register once they have entered.
PART 1 - PHOTO CONTEST
In order to participate in the photo contest, the user must:
Log into the salewa.com website.
Go to the section related to the part 1 photo contest;
Upload a photograph in the style of #puremountain (the uploaded photograph must be in JPEG format and be no larger than 5MB. The uploaded photograph must also depict the entrant. It may also depict third parties provided that the entrant has acquired the consent of the said third parties to the use of their image. The entrant assumes responsibility for the veracity of the details provided when uploading the photograph).
Describe, in a short caption of no more than 250 characters, the meaning of “#Salewagetvertical”. The user has the option to indicate the altitude and exact location at which the photograph was taken;
Select the experience that the user would like to win (the panel of judges will not be required to consider this preference when selecting the winners).
Log in or register if the user has not already done so;
Confirm entry in the competition.
The photographs and their accompanying captions will be made visible in the competition gallery within 48 hours of their being uploaded, subject to approval by the moderators. They may be voted for until the closing date of this competition. Every voter, once registered and logged in, may vote up to 10 times per day with a limit of one vote per day for each photograph. Voters 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 one photograph only, although it will be possible to replace the photograph that was originally uploaded with another over the duration of the competition period. Any votes won by the first photograph will be cancelled and the replacement photograph will start from zero votes.
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 150 photographs in the rankings will be judged by the panel of judges, which will decide on the winners as set out 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 replace an uploaded photograph with another, although the user will lose any votes accumulated by the first photograph.
Voting limits
Each voting user, once logged into the site, may vote on up to 10 photographs per day (with a day being understood as lasting from 00:00:01 to 23:59:59 on the same date). Any votes not made over the course of a day will not be carried over and added to those for the next day, and will therefore be lost. On the following day, the user will have a maximum of 10 votes.
PART 2 – ADVERGAME + INSTANT WIN
To participate in the advergame, the user must first register/log in to the getvertical.salewa.com website and then:
Go to the dedicated section containing the "Hold on" advergame, the theme of which is mountain climbing;
Play level 1 of the advergame.
Regardless of whether the user completes level 1, the user will be asked to complete an initial registration or to log in. After that, the user will be able to play level 2 of the advergame.
Once the user has completed the game, he or she will be entered into the random draw for the prizes on offer in part 2.
If the user is a winner, he or she will be asked to:
confirm the email address that was given when initially registering in the first phase of participation;
complete a form providing any missing information– first name, last name, gender, date of birth, preferred mountain activity – and accept the competition rules.
Confirm the information entered.
If the user fails to complete level 2 or is not a winner in the Instant Win stage of the advergame, he or she will be given the opportunity to gain an "extra life" by completing one of the following activities:
Completing the issued form with the his or her personal details– first name, last name, gender, date of birth, preferred mountain activity – and accepting the competition rules.
Signing up for the Salewa newsletter (this option will only be available to users who are not already registered);
Sharing his or her own experience of the game on Facebook.
The user will gain an extra life for each of the options listed above.
Once the user has an extra life, he or she will once again be able to take part in the random draw for the prizes on offer via the Instant Win format.
In the event that the entrant completes the levels successfully before losing all of his or her lives, the lives may not be carried over or used on subsequent days.
Once the user has used up all his or her lives, they will be invited to return to the getvertical.salewa.com website the next day to be able to play the advergame again.
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
Appropriate and approved photographs will be arranged in descending order in the 'Photowall' section of the website, based on the number of votes obtained. The first 150 photographs in the rankings will be judged by the panel of judges. In the event that two or more photographs obtain the same number of votes, they will given the same ranking, meaning that more than 150 photographs may be judged.
A panel of judges appointed by the promoter will judge the first 150 photographs in the rankings created at the close of voting according to the following criteria:
Artistic value, originality of subject and relevance to the "#Salewagetvertical" theme, where #Salewagetvertical 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 these activities will be judged positively;
Relevance and emotions triggered by the comment accompanying the photograph;
Quality of the photo.
Besides the aforementioned criteria, the panel of judges will also take into account the number of votes received by each photo.
Twenty winners will be selected, made up of ten entrants expressing a preference on their entries for the Climbing Experience in San Martino di Castrozza, and of ten other entrants expressing a preference for the Alpine Mountaineering Experience in Ötztal on their entries.
Each winner – of those who selected the Climbing Experience – will receive the prize on offer of:
1 Alpine Climbing Experience for one person in San Martino di Castrozza
1 Salewa outfit comprising Ortles Hybrid 2 Prl Jkt, Agner Dst Engineered Pnt, Agner Cordura 2 Pl Fz Hdy, Puez Graphic Dry S/S Tee, Apex Climb 25 Bp, Ms Firetail 3 Gtx;
Each winner – of those who selected the Alpine Mountaineering Experience – will receive the prize on offer of:
1 Alpine Mountaineering Experience for one person in Ötztal
1 Salewa outfit, comprising Ortles Hybrid 2 Prl Jkt, Ortles 2 Dst Pnt, Agner Cordura 2 Pl Fz Hdy, Puez Graphic Dry S/S Tee, Peuterey 30 Bp, Ms Raven 2 Gtx.
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 he or she deems it appropriate, request a review of the rankings.
PART 2 – ADVERGAME + INSTANT WIN
The system will identify 26 random, instant winners, from among all the entries received during the entire period. These winners will be randomly awarded one of the prizes on offer for this entry method.
The files containing the details of each winner identified using this instant win format 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 the date given in paragraph 4.
Each entrant may be awarded more than one prize.
N.B. For the purpose of awarding the prizes, the promoter will ask winners for a copy of their identity cards or valid documents and, if the details entered when registering via the online form do not correspond with those on the document provided, the prize will not be awarded.
The promoter reserves the right to request identity documents from 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). 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 the event that the prize cannot be awarded to any of the winners.
Prizes not awarded to winners will be awarded to the runners-up in order of their ranking or in the order that they are drawn.
Prizes to be won
PRIZE
Quantity
Unit value excluding VAT (where applicable)
Total value
Excluding VAT (where applicable)
PHOTO CONTEST
“Alpine Climbing” Experience
in San Martino di Castrozza + OUTFIT
10
€ 1,996.00
€ 19,960.00
“Alpine Mountaineering” Experience
in Ötztal + OUTFIT
10
€ 1,391.00
€ 13,910.00
INSTANT WIN
RAVEN 2 GORE-TEX® MEN'S SHOES
1
€ 229.50
€ 229.50
RAVEN 2 GORE-TEX® WOMEN'S SHOES
1
€ 229.50
€ 229.50
ORTLES HYBRID 2 PRIMALOFT® MEN'S JACKET
1
€ 188.52
€ 188.52
ORTLES HYBRID 2 PRIMALOFT® WOMEN'S JACKET
1
€ 188.52
€ 188.52
APEX CLIMB 25L BACKPACK
1
€ 98.36
€ 98.36
AGNER LIGHT DURASTRETCH ENGINEERED SOFTSHELL WOMEN'S PANT
1
€ 98.36
€ 98.36
AGNER DURASTRETCH ENGINEERED SOFTSHELL MEN'S JACKET
1
€ 163.93
€ 163.93
AGNER DURASTRETCH ENGINEERED SOFTSHELL WOMEN'S JACKET
1
€ 163.93
€ 163.93
PUEZ CAMOU FLAT CAP
1
€ 24.59
€ 24.59
ORTLES WOOL BEANIE
1
€ 28.68
€ 28.68
PEDROC UV PROTECTION SPEED VISOR
1
€ 36.88
€ 36.88
FANES UV PROTECTION MESH CAP
1
€ 24.59
€ 24.59
ICONO HEADBAND
1
€ 16.39
€ 16.39
PEDROC DRY LITE HEADBAND
1
€ 16.39
€ 16.39
ICONO FLUO HEADBAND
1
€ 16.39
€ 16.39
PUEZ WOOL HEADBAND
1
€ 20.49
€ 20.49
ORTLES 2 GORE® WINDSTOPPER® HEADBAND
1
€ 20.49
€ 20.49
ICONO MERINO NECKTUBE
1
€ 28.68
€ 28.68
AGNER WOOL HEADBAND
1
€ 20.49
€ 20.49
MTN TRAINER 28L BACKPACK
1
€ 122.95
€ 122.95
ALP TRAINER 25L BACKPACK
1
€ 106.55
€ 106.55
MTN TRAINER 25L BACKPACK
1
€ 106.55
€ 106.55
MTN TRAINER 22L WOMEN'S BACKPACK
1
€ 98.36
€ 98.36
PEUTEREY 30L BACKPACK
1
€ 122.95
€ 122.95
ULTRA TRAIN 18L BACKPACK
1
€ 81.96
€ 81.96
WILDFIRE MEN'S SHOES
1
€ 122.95
€ 122.95
TOTAL
€ 36,246.95
The total prize money is € 36,246.95 (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
Alpine Climbing Experience 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/shelter
3 days of guiding
welcome dinner
dinner at shelter
dinner at base camp/shelter
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.
Alpine Mountaineering Experience 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/shelter
3 days of guiding
welcome dinner
dinner at shelter
dinner at base camp/shelter
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 30/08/2018 to 02/09/2018. The Ötztal experience is available from 02/08/2018 to 5/08/2018. The dates and programmes detailed above may be subject to change due to the weather conditions or for organisational reasons. In any case, 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 Experiences 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.
Notification and delivery of prizes
The winners selected by the competition judges will be informed via email, telephone, or text message.
Base camp winners must confirm their acceptance of the prize in writing, following the instructions included in the email, within three days from the notification date and must confirm their identity by sending a copy of their identity document. If winners fail to confirm their acceptance by the deadline, they will be deemed to be unreachable and the prize will be awarded 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.
Instant win winners will be informed via video message at the time of winning and will receive the notification via email, using the email address entered during registration.
Failure to award the prizes or 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 Alpine Experiences 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 Alpine Experience;
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 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 or illicit 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, and 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 commercial and/or industrial use and intellectual property of any natural or legal person;
- that they 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, entrants 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 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 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 the getvertical.salewa.com website, on salewa.com 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 the getvertical.salewa.com website.
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 that they may 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
Information to be provided under Article 13, European Regulation no. 679/2016 ("GDPR")
Personal data spontaneously provided will be processed, mainly electronically and with statistical analysis tools, by SALEWA-OBERALP SPA, with registered offices at Via Waltraud-Gebert-Deeg 4, 39100 Bolzano (BZ) (data controller) for the completion of all phases related to the competition entitled "GET VERTICAL". Furthermore, this data will be processed in order to comply with administrative and other regulations that are mandatory under Italian law or by virtue of EU decisions and kept for the time imposed by these disciplines. The requested data is mandatory for the aforementioned purposes. Non-conferment of the data in question will make it impossible to meet prize event administrative activities and compliance with the law. Personal data will be made available to the officer for consumer protection and public confidence competent for the territory as necessary for the purposes of the competition.
Subject to explicit consent, the details of the winners will be published on communication media, such as the internet and informative and promotional material – digital and paper.
Furthermore, subject to explicit consent, the data will be processed by the owner for contacts with promotional and marketing purposes (such as: sending newsletters, promotions on products and services, discount coupons, surveys and market research). These promotional contacts will be carried out by email.
Vice versa, if consent has been given to promotional contacts (marketing), the data will be stored in our archives as long as it is deemed that there continues to be interest in the consumer products or following the interested party's exercising of its rights of objection to data processing for marketing purposes. Likewise, in this event, after the retention period, the data will be anonymized in order to produce statistics and the identification data will be destroyed and deleted from our archives.
The data will be processed for the purposes 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).
Those authorised to process data are sales and marketing representatives, call-centre representatives, and IT system and data security operators.
Pursuant to articles 15-21, GDPR, writing to the data controller at the aforementioned postal address or to the email privacy @oberalp.com, interested parties may exercise the rights of consultation, modification, deletion and erasure, limitation of data processing or oppose their processing for legitimate reasons or for informational and promotional purposes. In the event of revocation of the consent given, which may be presented at any time, it is understood that this does not affect the lawfulness of the processing based on previously expressed consent or on alternative mechanisms to the consent permitted by law. It is also hereby stated that the interested party has the right to complain to the supervisory authority in order to exercise its rights. The interested party may request a complete and updated list of data processors by writing to the postal address indicated above or sending an email to privacy @oberalp.com.
Finally, the interested party has the right to request data portability, i.e. to receive in a format that is structured, commonly in use and readable by common electronic devices, its data in order to pass it on directly to another subject, and independent data controller, so that the data can be treated within the limits set by the interested party.
Somma Lombardo, 7 June 2018
