Terms and conditions of registration and use for the adidas Runners Online Profile

Transcription

1 Terms and conditions of registration and use for the adidas Runners Online Profile Please read these terms and conditions of use (Terms) carefully. The Terms contain important information. By creating your Online Profile, each participant (You) and/or (Your) declares to agree to the applicability of the Terms. Online profile 1. The Terms apply to the adidas Runners Online Profile (hereinafter referred to as Online Profile) of adidas. adidas Emerging Markets LLC domiciled at Easa Al Gurg Tower, Baniyas road, Deira, PO Box 32512, Dubai, UAE (hereinafter referred to as adidas) is responsible for the adidas Runners community. 2. The Online Profile created by You, is a closed personal profile and is not publicly visible. 3. With Your Online Profile You can register for upcoming runs and events. The Online Profile contains an activity log of Your participation in adidas Runners runs and events (for which You can earn points) and statistics regarding the distance You have run (in kilometres). 4. In Your Online Profile, You can earn points and reach specific levels by participating in runs and events and/or by participating in other activities as clarified on a case by case basis. In order to reach a level, it is necessary to achieve the number of points specified by adidas for the relevant level. adidas shall regularly provide information concerning the number of levels that are to be reached by You. Some levels (not all) are associated with a limited number of prizes, if this is the case, adidas will provide additional information and section prizes of these Terms shall apply. 5. The activity log contains the information on whether or not You have successfully registered for a run or an event. You can successfully register for an event up until 5 minutes before the start of the run or event. In case of registration less than 5 minutes before the start of the run or event, Your participation will not appear in your Online Profile and You will not earn the accompanied points. Registration as user 6. Registration for an Online Profile is open to all persons aged 18 years or older and resident in the United Arab Emirates. Persons under the age of 18 years are excluded from registration and participation. 7. In order to create an Online Profile, You must: 8. complete the registration form in full (either with (1) a personal Facebook profile, (2) your general adidas account, or a (3) new username and password; 9. Be present at Your welcome talk and activate Your profile by registering for an event. General rules of behaviour 10. You may not use Your Online Profiles for the expression of Your political or religious ideas. 11. adidas has the right at any time (in its sole discretion) to refuse and/or remove any entry that in its view is offensive, insulting, injurious, obscene, offending, vindictive, perverted, immoral, aggressive, sexually oriented, racist, derisive, slanderous, discriminatory, or in any other way not in line with good taste and decency, or which adidas deems in its sole discretion to be otherwise unacceptable. 12. Entries may not conflict with applicable law and regulations or with the rights of third parties, nor may they incite or encourage the use of pornography, obscenity, vulgarity, hatred, profanity, racism or gratuitous violence. 13. You may not upload, or otherwise distribute software viruses or other computer codes, programs or data designed to disrupt, destroy or limit the use of any software or other tools on the Website. 14. You cannot derive any rights of any kind from Your registration, and in particular You have no right to payment or other compensation for Your information or participation in the Online Profile or at the Runners events and runs.

2 15. adidas reserves the right to exclude You from using the Online Profile at any time and to delete Your information or entries from the Website, if these are not in line with the general rules of behaviour or are otherwise in conflict with these Terms or with applicable laws. Prizes 16. The Online Profile offers the exclusive opportunity to win prizes in the form of products from adidas or project partners. adidas will provide additional information on how to win prizes and details of the prizes on a case by case basis. 17. adidas shall notify winners by or through Facebook, within reasonable time. adidas shall inform the winner(s) on how to claim their prize. After receiving this information by or Facebook, the winner has (in principle) up to 14 days to confirm his/her prize, unless communicated otherwise by adidas. After that, the claim shall no longer be valid. 18. It is the responsibility of each winner to ensure that he/she can accept and make use of the prize. If a prize is sent to the winner by post or courier, adidas is not responsible or liable for any neglect or damage that occurs while the prize is in transit. 19. The winner accepts and declares that, as soon as he/she has received his/her prize, he/she is responsible for any further costs (including insurance) or taxes associated with the prize and must pay them him/herself. 20. The prize cannot be paid out in cash. 21. Each prize is personal and non-transferable. The winner declares that he/she shall not sell a prize or offer it for sale, or have it sold or offered for sale by a third party, and shall not offer it for any kind of commercial or advertising purposes (including a prize auction, such as on an online auction platform). 22. Each prize is indivisible and can be accepted only in the form in which it was offered. 23. adidas reserves the right to change or withdraw a prize. 24. Prizes which are not claimed for any reason shall remain the property of adidas. This also applies in the event that a prize is refused. 25. If a winner cannot be contacted or fails to come forward within a period of 14 days after notification of the prize, or is not able to claim the prize for any other reason, adidas reserves the right to select another winner. In this case, the original winner shall forfeit his/her prize. 26. The winner is responsible for all travel costs (including insurance) and other expenses (including accommodation, food and drink, and other charges), if these exceed the designated content of the prize. adidas shall not reimburse additional expenses of this kind. If this is required by the prize being offered, the winner must have a valid passport or personal ID card in order to travel and is responsible for bearing any costs associated with the acquisition of a travel document of this kind. In individual cases, it may also be necessary for the winner to ensure that he/she has the necessary travel visa and the associated documents. adidas shall not bear any costs associated with this. If it becomes apparent that a winner does not possess a valid travel document, adidas reserves the right to reclaim the prize or render it invalid and to select another winner instead. Limitation of liability 27. adidas is not responsible or liable for Your costs or expenses in connection with or relating to participating in the Online Profile. The costs of the use of internet are for Your account. 28. adidas is not responsible and exclude any liability for (i) network- (cable, internet or other relevant networks), computer hardware or software disruptions of whatever nature which might lead to a limited, delayed or lost entry, (ii) other problems or calamities, of whatever nature, that are connected with the functioning of the network (cable, internet or other network), the Website, computer hardware or software, and (iii) mistakes in the entering or processing of personal data. 29. adidas is not responsible or liable for any incompatibility between technologies used, in the broadest sense, during the use of the Online Profile and the hardware and software configuration used by You. 30. To the fullest extent allowed by applicable law, adidas and any agencies involved in the Online Profile are not responsible or liable for any loss, damages or injury caused by participation in the Online Profile. 31. Where a Prize is delivered to a winner by post, adidas is not liable for the acts or omissions of any courier or mail delivery. 32. adidas reserves the right to discontinue, amend or delete the Online Profile or the Website if it becomes apparent that, for whatever reason, it is not possible to operate as planned, or if it

3 becomes apparent that, because of legal provisions, the Online Profile or the Website can no longer be provided in the way that was envisaged. For this case, adidas excludes all liability and any claims for damages. 33. You take part in the respective adidas Runners runs and events at Your own risk and agree to accept the applicable waiver (which is part of the registration process). You confirm that You are in a good state of health, which enables You to participate in the events without any restrictions. Because the runs mostly take place on public roads, You are obliged to comply with the local traffic regulations. 34. Please note that adidas accepts no responsibility or liability of any kind before, during or after the events. adidas is liable only for damage caused by wilful misconduct or gross negligence, and in cases of simple negligence its liability is limited to foreseeable damage that is typical for the contract. The above limitations of liability do not apply in cases of injury to life, body or health. adidas is not responsible for force majeure or for the wilful misconduct or grossly negligent conduct of third parties, unless there is any legal provision to the contrary. Data protection 35. Your personal data shall be used exclusively for the purpose of Your participation in the Online Profile and will be stored only for as long as necessary for this purpose. The responsible authority for the data collected for the purpose of the Online Profile is adidas Emerging Markets LLC. If participants wish to exercise their right to receive information regarding their personal data that is being stored, they can write to the following address: dataprotection@adidasgroup.com. 36. If a participant has given his/her consent to be contacted for advertising and market/opinion research purposes, his/her data shall be processed by adidas Emerging Markets LLC. Further information on the data protection provided by adidas Emerging Markets LLC, can be found in the privacy policy on the website Exclusion of users 37. If You have submitted false or invalid information You may be excluded from using the Online Profile/Website at any time. 38. adidas reserves the right to exclude You from using the Online Profile at any time if, in adidas' view, You are in breach of these Terms, or if You hamper access to the Website or hinder the use of the Online Profile for other users in any other way. 39. adidas has the right to exclude You at any time on reasonable grounds, without You consequently being entitled to assert any claims against adidas. 40. No rights can be derived from the use of the Online Profile other than those set out in these Terms. Applicable law/disputes 41. If any clause of these Terms is or becomes void or unenforceable, this shall not affect the validity or the remaining clauses. Nevertheless, adidas is obliged to replace the void or unenforceable clause with another clause that comes as close as possible to the economic result of the unenforceable clause; the same applies in the event of an omission. 42. The Terms are governed by the laws of the United Arab Emirates. You herby agree to submit to the exclusive jurisdiction of the Courts of the Emirate of Dubai. 43. adidas reserves the right to amend the Terms at any time without consequently being liable with respect to users or third parties. An amended version of the Terms will be published on the Website. 44. adidas shall implement the Online Profile in accordance with the valid and applicable laws. Complaints or queries relating to the Terms can be submitted in writing to adidas at the 10 th Floor, Easa Al Gurg Tower number 1, Baniyas road, Deira, PO Box 32512, Dubai, UAE. Other provisions 45. By registering for an Online Profile, You declare that You give consent for image and sound recordings taken of You at community events and runs to be used by adidas for further communication purposes. 46. The Online Profile is not associated in any way with Facebook and is not sponsored, supported or organised by Facebook in any way. adidas indemnifies Facebook comprehensively against all

4 claims associated with the use of the Online Profile. The recipient of information provided by the user is not Facebook, but adidas. For any queries relating to the Online Profile, users can contact their competent host or the adidas at COMMUNITY CONCEPT CONSENT & RELEASE OF LIABILITY 1 Release, waiver and indemnity 1.1 I acknowledge that my participation, now or in the future, in any adidas running community event or activity organised by or on behalf of adidas at any location (Activities) involves certain risks. I accept and fully assume all such risks and the possibility of personal injury, death or loss of or damage to my property as a result of my participation in the Activities. 1.2 In consideration of adidas and its directors, officers, employees, agents, any member of the adidas Group and its representatives (Organisers) allowing me to participate in the Activities, I agree as follows: (a) to waive any and all claims, including those related to negligence, that I may have against the Organisers arising from participating in the Activities; (b) to the maximum extent permitted by law, the Organisers shall not be liable for any claims or actions of any kind whatsoever for damages or losses to persons and property which may be sustained in connection with my participation in the Activities; and (c) to defend, hold harmless and indemnify the Organisers from any and all claims and liability for any personal injury to me, any third party or for any property damage caused by me which results from my participation in the Activities; and (d) I am at least 18 years of age. 2 Rules of Participation I acknowledge and accept that my participation in the Activities is subject to my compliance with the following: (a) to listen and adhere to safety briefings and instructions before taking part in the Activities; (b) to not consume alcohol prior to or during the Activities; (c) to wear all protective clothing provided by or on behalf of the Organisers during the Activities; (d) to keep all equipment provided by or on behalf of the Organisers on-site and return the same after completing the Activities; and (e) to provide the Organiser with proof of age in a form as determined by the Organisers in their sole discretion. 3 Medical 3.1 Participation in the Activities is not recommended for those who are: infirm; suffering from a heart condition; pregnant (or who may be pregnant); or suffering from pre-existing injuries. 3.2 I declare to the best of my knowledge that I know of no reason why I should not participate in the Activities and that I am not presently suffering from (and have not suffered from) any disease or medical condition which may prevent me from participating in the Activities or which may be aggravated by my participation in the Activities. I acknowledge and agree that my participation in the Activities is granted on the understanding that I understand and accept the risks involved. I agree that I shall immediately inform medical personnel and the Organisers of any pain, discomfort, fatigue or any other symptoms that I may suffer before, during and after my participation in the Activities. I accept that I may be required to immediately cease or delay my participation in the Activities if so requested. I also consent to treatment in the event of an emergency and further agree to pay all costs associated with such medical care and to defend, indemnify and hold harmless the Organisers from any costs or claims arising from such medical care. 4 Publicity

5 4.1 I agree to allow (at no cost) the Organisers, and/or any third party acting on behalf of the Organisers, to use my name, image, photograph, video, voice recording, performance data and general location for publicity, news and/or any future promotions or advertising. I hereby consent to the photography, filming and/or recording by or on behalf of the Organisers of my participation in the Activities (individually or collectively known as the Images). 4.2 I hereby assign to the Organisers, all present and future copyright and all other rights, title and interest which I may hold in the Images. I agree to the use of the Images by the Organisers in any media format in its future promotional activities and agree that I will not make any claim for remuneration against the Organisers, its licensees or assignees in respect of the use of the Images. I hereby agree to waive any moral rights that I may have now or in the future so far as is legally possible, any broadly equivalent rights I may have in any territory of the world. 4.3 I also grant the Organisers (and the adidas Group), a perpetual and worldwide license to use all comments, feedback, ideas and information I may share with them for any purposes including, but not limited to, the manufacture, sale, distribution, advertisement and/or promotion of adidas products and the adidas brands (in any and all media). 5 General This agreement shall be binding upon me, my successors, representatives, heirs, executors, assignees, or transferees. If any of the terms and conditions of this agreement are found by a competent court or other competent body to be void or unenforceable, that term or condition shall be deemed to be deleted and the remaining terms and conditions shall remain in full force and effect. This agreement shall be governed by and interpreted in accordance with the laws of the United Arab Emirates, and I agree to the exclusive jurisdiction of the courts of the Emirate of Dubai. I (and the Guardian if signed below) confirm that I have read and understood this agreement prior to signing it, and I am aware that by signing this agreement I am waiving certain legal rights which I may otherwise have against the Organisers. ***END***