Terms And Conditions - GASGAS Motorcycle Giveaway

These terms (the “Promotion Terms”) apply to your participation in sweepstakes, prize draws, promotions and/or competitions (the “Promotion”) of the PIERER Industrie AG Group. The organizer of the respective Promotion is the entity of the PIERER Industrie AG Group that is indicated when signing up for the Promotion (the “Promotion Organizer”).

• CONDITIONS OF PARTICIPATION

Any natural person who is at least 18 years old at the time of participation is eligible to participate (the "Promotion Participant(s)"). Excluded from participation are the directors and employees of the PIERER Industrie AG and related companies and their families. In addition, employees of other companies involved in the Promotion and their relatives are excluded. 

In order to participate in the Promotion, Promotion Participant will need to provide a marketing consent during the sign up process for the Promotion.

There is no legal right to participate in this Promotion. Promotion Organizer is not responsible in case a Promotion Participant is unable to participate in the Promotion for any reason. 

• IMPLEMENTATION AND FURTHER DETAILS OF THE PROMOTION / PRIZES

The Promotion Participant has to follow and comply with all requirements and instructions for participating in the Promotion as set out in detail in the respective Promotion landing page / website (the “Promotion Website”). During the Promotion, the Promotion Organizer may provide further instructions on the participation procedure on the Promotion Website. 

Also, all further details of the Promotion, such as timeline/duration of the Promotion, eligibility, winner selection process, etc.

Late, illegible, incomplete, defaced or corrupt entries of the Participant will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt.

No purchase or other consideration is necessary to participate in the Promotion, nor will a purchase or other consideration improve chances of winning.

Prizes: The winner of the Promotion will be notified in writing. The prize will only be awarded if the winner accepts the winning notification within three calendar days after the Promotion Organizer has sent the notification. If there is no acceptance of the prize by the winner within this period, a new winner will be selected on the basis of the above-mentioned determining criteria. A cash payment or a prize exchange is not possible. The Promotion Organizer is not responsible for possible national fiscal or other consequences by way of dues in connection with the receipt of the prize. Such dues or taxes concern only the relationship between the winner and his national fiscal- and tax authorities, thus the winner shall remain liable for all taxes (including interest and penalties) due and payable to competent tax authorities in respect of any prize monies payable. If the winner incurs any costs or other expenses because of receiving or using the prize, such costs or expenses shall be borne by the winner. 

• EARLY TERMINATION AND CHANGE OF THE PROMOTION

The Promotion Organizer reserves the right to terminate or modify the Promotion details at any time without notice, if for technical or other reasons a proper performance of the Promotion can’t be guaranteed, or the fairness of the Promotion appears to be impaired. Claims for the Promotion Participants do not arise from this.

• PARTICIPANT CONTENT:

If a Promotion requires the submission of pictures, videos, ideas or any other material by the Participant (the “Participant Content”) and/or the Promotion Participant otherwise submissions Participant Content in connection with the Promotion, the Participant shall follow the instructions provided on the Promotion Website for proper submission.

The Promotion Participant must own the copyright and all other applicable rights in the Participant Content. The Participant Content must be the Promotion Participant’s own work and must reflect the theme of the Promotion (if the case may be). The Participant Content must not: (a) be copied; (b) contain third party materials; (c) contain any content the Promotion Participant has no permission to use; (d) be offensive, distasteful, defamatory, dangerous, obscene, inappropriate; indecent, hateful, defamatory, slanderous or libelous (e) violate the rights of any third party, including but not limited to privacy, publicity or intellectual property; (f) contain brand names or trademarks, other than those of Promotion Organizer, for which the Promotion Participant has a limited right to use for the sole purpose of this Promotion; (g) reflect a political statement; (h) contain material that is unlawful, in violation or contrary to the law or regulations in any jurisdiction where the entry is created; and/or (i) infringe the terms of any social media platform provider (such as TikTok, Instagram, Facebook, Twitter/X or Snapchat). The Promotion Participant further warrants, that the Promotion Participant has not used prohibited aids, such as automatic robots, scripts, services or any other manipulation.

The Promotion Participant warrants and represents to have the express consent of any identifiable persons appearing in the Participant Content as to their name, likeness and other personal data being used in the way set out in these Promotion Terms, including Promotion Organizer’s right to use the Participant Content for the purpose set out below. Upon request, the Promotion Participant will obtain written consent of any such persons for Promotion Organizer. If any person appearing in the Participant Content is under the age of majority in the Promotion Participant’s state of residence, the written consent and signature of a parent or legal guardian is required. 

The Promotion Participant agrees that the Promotion Organizer (and/or a partner commissioned by the Promotion Organizer) is entitled to publish and use the Participant Content in all media for the purposes of and in connection with the Promotion. Further included is the authorization to use the Participant Content for advertising and other commercial purposes. In particular, this authorization includes the publication on the websites and Instagram profiles of the Promotion Organizer. This consent can be revoked in writing at any time. Such revocation applies to all future publications, but not to previous ones. 

Submitted Participant Content will not be returned.

• LIABILITY

Insofar as is permitted by law, the Promotion Organizer, its employees, agents or distributors will not in any circumstances be responsible or liable to compensate the prize winner or accept any liability for any loss, damage, personal injury or death occurring as a result of participation in the Promotion, as well as taking up the prize. Any limitation of liability shall be excluded for fraud, willful misconduct or gross negligence. Promotion Participant’s statutory rights are not affected.

The Promotion Organizer and the PIERER Industrie AG Group shall not be liable for: late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, delays or difficulties; errors in transmission; prize notification deliveries attempted but not received; any loss suffered by anyone who enters or attempts to enter and/or participate in the Promotion, whether the entry is lost, not submitted, wrongly processed or does not win.

The Promotion Organizer is not liable in case a Promotion Participant injures him/herself while performing actions with regard to this Promotion. The Promotion Participant represents that the Participant does not have any condition and is not affected by any circumstances that would prevent the Participant from safely participating in the Promotion or would pose a present risk to others in your doing so. The Promotion Participant also agrees that the Participant is not otherwise prohibited from participating in the Promotion for any reason.

The Promotion Organizer and the PIERER Industrie AG Group hereby exclude all liability for any loss of income, loss of profits, loss of goodwill, loss of data, loss of opportunity (in each case whether direct or indirect) and any indirect or consequential loss or damages incurred or suffered by the Promotion Participant in connection with the participation in the Promotion unless such loss arises from Promotion Organizer’s or the PIERER Industrie AG Group’s failure to respect its contractual and legal obligations, in which case the Promotion Organizer and the PIERER Industrie AG Group still limit its liability for the abovementioned situations to the extent allowed by applicable law.

In no event shall the Promotion Organizer and the PIERER Industrie AG Group be responsible or liable for any failure or delay in the performance of its obligations under these Promotion Terms arising out of or caused by, directly or indirectly, circumstances or forces beyond its reasonable control, including but not limited to strikes, work stoppages, accidents, or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services, when these circumstances constitute a force majeure as defined under applicable local law.

To the fullest extent permissible by law, no conditions, warranties or other terms apply to the Promotion and all prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of satisfactory quality or fitness for a particular purpose).

The Promotion Organizer excludes any responsibility and/or liability in case the participation/the award of a prize requires the approval of a guardian. This solely lies within the responsibility of the Promotion Participant.

• EXCLUSION OF WARRANTY

Notwithstanding the foregoing, in case of a gratuitousness of the prize, any warranty claims are excluded.

• USE OF THE DATA

The personal information of the Promotion Participants will only be used for the purpose of the Promotion, as described in the Privacy Policy.

• EXCLUSION FROM THE PROMOTION / DISQUALIFICATION / FINAL CLAUSES

Promotion Participants whose personal details are not true will be excluded from participation.

The Promotion Organizer reserves the right to exclude Promotion Participants or disqualify them without notice, if they attempt to manipulate the participation process and/or the Promotion and/or otherwise violate these Promotion Terms or good morals and/or otherwise improperly try to win the Promotion. If the conditions for exclusion and/or disqualification without notice are met, prizes may be subsequently disallowed, or prizes already paid out or delivered may be reclaimed. 

This Promotion is not sponsored, endorsed or administered in any way by or in association with Instagram or any other online platforms that may be used for the Promotion. The Promotion Participant makes his information available to the organizer and the respective platform assumes no liability for components of the Promotion. 

The entire Promotion and these Promotion Terms shall be governed and construed in accordance with the laws of the seat of the respective Promotion Organizer. 

Should one of these Promotion Terms be or become wholly or partially invalid, so the validity of the remaining provisions shall remain unaffected thereof.

The right of legal recourse is excluded regarding the drawing of the winners and there is no legal claim to the prize.