Terms of participation and grant of rights

1.Organiser: 

The contest is organised and conducted by Oberalp S.pA., with its registered seat in 39100 Bolzano (BZ), Waltraud Gebert Deeg Street n. 4, VAT number 00122250210 (henceforth: the “Operator”).

2. Rules of the contest: 

In order to participate in the contest, the participant needs to have a minimum age of 18 years, needs to indicate a valid postal address and must legally reside in his/her country of residence. In order to participate in the contest, the participant is not required to purchase goods and/or services offered by the Operator. The participation is free of charge for the participant. Any person legally residing (place of residence) within the European Union or the rest of the world shall be entitled to take part in the contest, with the exception of persons residing in Italy or accessing the registration platform from Italian territory, who are all not allowed to participate in the contest. Participants in the promotion need to have an Internet connection and an e-mail address. The participant is not allowed to use multiple email addresses, i.e. to submit more than one entry, to increase his/her chances of winning. In case of violation of this prohibition, the Operator has the right to exclude the participant altogether from the contest. In addition, also in case of any other violation of these terms of participation by the participant or in case of an attempt of technical manipulation by the participant, the Operator may exclude the participant from the contest. In such a case, prizes can also be withdrawn and reclaimed subsequently. The participant himself is responsible for the correctness of the contact data provided. In the event of impossible or incorrect allocation of prizes due to incorrect data, the right to a prize shall lapse and the Operator reserves the right to award the prize to the runner-up. This promotion is unrelated to Facebook and Instagram and is not sponsored, supported or organized by Facebook in any way. The data provided by the participant will be collected and processed by the Operator. The data provided by the participant will only be used in accordance with the statement on the processing of personal data. Questions, suggestions and complaints should be directed exclusively to the Operator.

3. Execution of the contest: 

The contest is held on a weekly basis from December 2nd until December 29th (Week 1: 02.12 – 07.12; Week 2: 09.12 – 14.12; Week 3: 16.12 – 21.12; Week 4: 23.12 – 28.12). The entries that can be submitted for each week and category will be closed on each Saturday of the respective week (23:59:59). The winner photo will be selected, following the routine as described further below. For each week, the Operator will choose a different theme. In order to participate, the participant needs to submit his/her personal data and upload a picture made by himself/herself related or connected to the weekly theme chosen by the Operator (the “entry”) during the corresponding week. The picture shall have a maximum file size of 8 MB. Only pictures in .jpg-format can be uploaded. The entry submitted by the participant is only valid for the week it was submitted in and cannot be used for subsequent weeks. A participant is only allowed to submit one entry per week, but may participate each week. The Operator will make a pre-selection of all the entries submitted. The three best entries will be selected at the artistic discretion of the Operator, will be published as Stories on the Operator’s Instagram-profile and the users of Instagram will be granted the possibility to cast a vote for each entry. The entries which in a span of 24 hours (lifespan of Instagram stories) will have received the most votes, shall be considered the winners. The winners will be notified and contacted by the Operator via E-Mail within seven days after the weekly winners have been determined. The winner must confirm the prize subsequently via email. If no confirmation is received within 28 days or if the participant refuses the prize, the Operator will award the prize to the male or female runner-up of the corresponding week. The winners may be asked to provide to the Operator a valid identity document (e.g. ID card or passport) in order to prove their identity. Each participant receives a voucher worth € 25,00 for the online store of Dynafit (www.dynafit.com) which can only be redeemed at a minimum purchase prize of € 150,00.

4. Themes and prizes

  1. Week 1 – Category Speed: Main Prize: Ski Touring Boot Women/Men: TLT8 Expedition CR Boot Men; TLT 8 Expedition CR Boot Women
  2. Week 2 – Category Tour: Main Prize: Outfit Men: Radical GTX Jacket, Radical GTX Pant, Radical Beanie I Outfit Women: Radical GTX Jacket, Radical GTX Pant, Radical Beanie
  3. Week 3 – Category Free: Main Prize: Backpack Women: Free 30 W I Backpack Men: Free 32
  4. Week 4 – Category Race: Main Prize: Ski Women/Men: DNA Ski
The prizes are subject to availability, especially regarding sizes. Should the Operator not be able to make the prize available to the winner for reasons which are beyond the Operator’s control and influence or for any other justifiable reasons, the Operator shall supply an equivalent replacement. In such case, the winner(s) shall have no right to claim any indemnity or damage from the Operator in relation to the replacement of the prize and shall have no right to claim the consignment of the original prize.
The prize is neither exchangeable nor transferable. Cash payment is excluded. The winner shall be liable for any taxation regarding the prize.
The prize will only be delivered and sent within Europe. As soon as the prize has been handed over to the transport service provider, the risk of accidental deterioration and accidental loss passes on to the winner.
5. Exclusions:
Legal representatives, employees, dealers and commercial partners of the Operator as well as all persons involved in the creation and implementation of the contest and the family members of all aforementioned persons are excluded from participating in the contest.
6. Limitation of liability:
The Operator is not liable, except for cases of gross negligence or wilful intent on the side of the Operator, for technical or other problems, which are outside the sphere of its influence.
The Operator does not warrant, that the specific website created by the Operator for the execution of the contest will be constantly available and shall not be liable, except for cases of gross negligence or wilful intent on the side of the Operator, for any interruptions or crashed of the website caused by whatever reasons.
7. Publicity and advertisement:
The contest will be advertised on the Operator’s websites and on its social media accounts as well as through the Operator’s newsletters.
8. Grant of rights and warranties by the Participant:
By submitting an entry to the contest, the participant grants the Operator:
  1. Permission for his/her entry to be published on the Operator’s websites and social media accounts (instagram, facebook, twitter, youtube) owned by the Operator as well as the Yourfans Contest platform. The participant grants the Operator a non-exclusive, irrevocable, royalty-free, worldwide, perpetual licence (with a right to sub-license) to use, republish, edit and/or modify his/her entry in any/all media (including in electronic format, hard copy and in Operator’s publications) for purposes connected to the contest; and
  2. The right to use his/her name, e-mail address and address of residence for the sole purpose of identifying him/her as the author of his/her entry and/or as a winner of the contest.
To the extent permitted by law, the participant waives all rights, including moral rights in his/her entry. Notwithstanding the aforementioned waiver, in order to use entries as intended and advised in these terms of participation, the Operator may need to modify entries, including but not limited to resizing, cropping or colour adjustment as necessary, provided that the Operator shall endeavour in undertaking such modifications to maintain the integrity of the entry as originally created; and (ii) the Operator shall provide a photo credit for all entries.
The entry must be the participant’s own work, must not be copied, must not contain any third-party materials and/or content that the participant does not have permission to use, must not include any trademarks, and must not show inappropriate or dangerous behaviour, or otherwise be obscene, defamatory, distasteful, offensive, or in breach of any applicable law or regulation, or in breach of any confidentiality obligations owed by the participant to third parties. The participant warrants to own all copyright in his/her entry. If the Operator has reason to believe that the participant’s entry is not his/her own work, the Operator may exclude the participant form the competition.
The participant confirms and warrants that each individual whose image is featured in the entry has given consent for the use of his/her image in connection with this contest and in accordance with these terms of participation. Where an individual whose image is featured in an entry is aged less than 18 years, the participant confirms and warrants that the parent or guardian of that individual has given the consent for the use of the image for the purpose of this contest and in accordance with these terms of participation.
The participant shall be liable towards the Operator for any claims brought by any third party in relation to the copyright in the entry and/or the right to use the image of said third party and shall hold the Operator fully harmless.
9. Final provisions:
By participating in the contest, the participant fully accepts these terms of participation.
The contest shall be governed by the laws of Italy.
These terms of participation represent the entire and final regulations for the contest. Should individual provisions of these conditions of participation be or become invalid, the validity of the remaining terms of participation shall remain unaffected.

Statement on the Processing of Personal Data

(pursuant to Article 13 of Data Protection Regulation EU 2016/679 “GDPR” )

 

As Data Controller of Personal Data, in accordance with the Data Protection Regulation EU 2016/679 “GDPR” “, Ober Alp S.p.A., promoter, pursuant to DPR (Decree of the President of the Italian Republic) n. 430/2001, of the contest “Christmas Contest” (“Contest”), confirms that your personal data will be processed in accordance with the GDPR, which contains certain requirements regarding the processing of personal data, including ensuring that any processing of personal data is accurate, lawful and transparent. Your data will be processed in accordance with the GDPR and any confidentiality obligations as well as in compliance with your rights as a data subject.

 

1.     Purposes of processing

The personal data collected (henceforth referred to as Personal Data) will be processed for the following reasons:

  1. Compliance with national laws and regulations as well as European Union Law. Providing Personal Data for this purpose is mandatory and refusal to provide or providing incorrect or inaccurate Personal Data entails the impossibility of the data subject to take part in the contest. The corresponding processing does not require consent from the data subject. The processing is carried out on the basis of Art. 6, para. 1, letter c) GDPR
  2. Enforcement and implementation of contractual obligations, respectively implementing and executing the contest and the corresponding regulation as well as compliance with specific requests of the data subject and management of the relationship with the data subject. Personal Data will be used by the Controller to conduct the contest, including the publication of Personal Data on the Controller’s website or its social media accounts, to verify the identity of the data subject (also through verification of the e-mail address), in order to avoid fraud or abuse, as well as to contact the data subject for reasons related to the contest (e.g. managing the participation in the contest, notifying the data subject of possible winnings and managing the assignment and delivery of prizes; contacting the data subject in order to obtain further information – like a copy of his/her ID card to verify the data subject’s identity to prevent fraud or abuse); Providing Personal Data for this purpose is not mandatory, but refusal to provide or providing incorrect or inaccurate Personal Data may entail the impossibility to take part in the contest. The corresponding processing does not require consent of the data subject. The processing is carried out on the basis of Art. 6, para. 1, letter b) GDPR.
  3. Market surveys and statistical purposes. For these purposes, the data are processed exclusively in anonymous form, meaning that an identification of the person concerned is no longer possible.
  4. The Personal Data will also be processed, with the consent of the data subject (art. 6, par. 1, letter a) GDPR), for the following marketing purposes:
    1. sending the brand newsletter of the Oberalp Group (Salewa and Dynafit) and newsletters informing about sample sales events;
    2. sending periodic commercial communications regarding company products and services;
    3. promotional activities also related to the transmission of advertising and promotional material.

 The provision of Personal Data for the above-mentioned purposes is not mandatory and the refusal by the data subject to consent to the processing for this purpose will have no negative impact on the          participation at the contest. The data subject may revoke his/her consent at any time.

For the purposes of direct marketing, the data controller also processes and evaluates Personal Data regarding the data subject's purchase behaviour and the websites visited on the pages of the Oberalp Group in order to carry out a profiling of data subjects, which is used solely for sending personalised advertising material based on the interests of the data subject.

For the purposes of direct marketing, the Personal Date are disclosed, with the consent of the Data Subject (art. 6, para. 1, letter a) GDPR), also to Partners of Oberalp, as defined in para. 4.

 

2.     Duration of the processing

The Personal Data provided by the data subject will be processed until the end of the contest and subsequently for a period of 10 years. For the purposes indicated in article 1, letter d) and e), the Personal Data will be processed until consent is revoked and will be automatically cancelled if the data subject cancels the personal account or if the storage period permitted by law has expired. The Personal Data processed for the purposes of profiling, including data on purchase behaviour, are processed in accordance with the cancellation policy of the Oberalp Group, in any case only for the maximum time permitted by law.

3.     Method of processing

Personal Data are processed with the aid of manual, informatic, automated and telematics instruments, with a view to the above indicated purposes, and, in any case, in ways which guarantee the security and confidentiality of the data subject’s Personal Data. The Personal Data shall not be used for automated decision-making.

The data will always be processed in accordance with the principles set out in Art. 32 GDPR.

4.     Disclosure

Notwithstanding disclosure in compliance with legal requirements, Personal Data shall be disclosed or transferred exclusively to parties competent to provide the services necessary for a proper management of the relationship with the data subject, respectively participant in the contest, and in ways guaranteeing the protection of the rights of the data subject.

The personal data provided will be processed only by personnel expressly authorized by the controller and specifically by the following categories:

  • Group Administration,
  • Group IT,
  • Group Brand & Marketing,
  • Group Business Development,
  • Group Logistics,
  • Group Retail BU,
  • Group Distribution BU as well as by

The personal data provided may be disclosed to third parties solely for the purposes indicated in article 1, letters a) and b), and specifically to:

  • forwarding agents, carriers, delivery services, mailing providers, logistics firms;
  • consultants and professionals, in one-off disclosures or as part of a course of dealing;

The personal data provided by the data subject may be transferred within the Oberalp group, namely to Italian and foreign companies of the Oberalp group. Part of the Oberalp Group are: Ober Alp S.p.A, Oberalp Deutschland GmbH, Oberalp Austria GmbH, Salewa Sport AG, Salewa Polska, Salewa Czech and Slovakia SRO, Salewa France SARL, Salewa Iberica S.L. and Wild Country Ltd.

The personal data may be transferred and disclosed to public bodies, for example police or courts, only in cases permitted by law.

5.     Controller

The Controller for the processing of personal data is Ober Alp S.p.A. with offices at Waltraud Gebert Deeg Street, 39100 Bolzano (BZ), VAT number 00122250210, registered at the Company Register of Bolzano at n. 71005, tel. 0471.242.900, e-mail: privacy@oberalp.

6.     Data Protection Officer

The controller designed a data protection officer for the Oberalp Group. You can contact the data protection officer trough: email privacy@oberalp.com, tel. +39 0471.242.900.

7.     Rights of the data subject

The person concerned has the right to obtain from the Data Controller access, communication, rectification, integration, updating, cancellation and portability of personal data concerning him/her, as well as the right to exercise in general all the rights provided for in chapter III of the GDPR, as indicated below:

Chapter III (Art. 12 - 23) GDPR

  1. access to personal data (the data subject has the right to obtain information free of charge about the personal data held by the controller and processing of said personal data, as well as to obtain a copy in an accessible format);
  2. rectification of data (Oberalp will correct or supplement incorrect or inaccurate data, including which has become incorrect or inaccurate due to a non-carried out update,, on the basis of a notice received by the data subject in this regard);
  3. withdrawal of consent (if the processing is carried out on the basis of consent given by the data subject, the latter may withdraw consent at any time, without this, however, affecting the lawfulness of the processing provided before the withdrawal)
  4. erasure of data (right to be forgotten) (the data subject may request, for example, erasure when the data are no longer necessary for the purposes for which they were collected or processed or when they have been processed unlawfully, when they have to be deleted in order to fulfil a legal obligation, when the data subject has withdrawn consent and there is no other legal basis for the processing, or when the data subject objects to the processing);
  5. restriction of processing (the data subject may request this in certain cases: - where the accuracy of the data is contested, within the time necessary for verification; - where the lawfulness of processing is contested and the data subject opposes to erasure; - need to use the data for the data subject's rights of defence, while they are no longer useful for the purposes of processing; if there is opposition to processing, during the time the necessary verifications are carried out - the data will be stored in such a way as to be restored, but, in the meantime, they are not available for consultation by the controller except for the sole purpose to verify the validity of the data subject's request or its objections.
  6. objecting in whole or in part to the processing for legitimate interests (in certain circumstances the data subject may nevertheless object to the processing of his/her personal data, in particular, if the personal data are processed for purposes of direct marketing, the data subject has the right to object at any time to the processing, including profiling to the extent that it is related to such direct marketing. When personal data are processed for purposes of scientific or historical research or for statistical purposes, for reasons related to his particular situation, he has the right to object to the processing, unless the processing is necessary for the performance of a task carried out in the public interest;
  7. data portability (if the processing is based on consent or on a contract and is carried out by automated means, upon request of the data subject, the latter will receive in a structured format, commonly used and machine-readable, the personal data concerning him and may transmit them to another controller, without hindrance by the controller to whom he provided them and, if technically feasible, may obtain that such transmission is made directly by the latter).
  8. lodging a complaint with the supervisory authority (Garante per la protezione dei dati personali – Garante Privacy).

To exercise the rights indicated above, the person concerned may contact the controller by post or by e-mail at the addresses indicated.

This policy statement was last updated on 22/11/2019 and applies of your use of the website today but may be updated from time to time, for organizational reasons or because the law changes: we suggest you visit our websites regularly to see the latest version.

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