UTMB Contest Rules| BUFF®
OFFICIAL RULES
Prize promotion: WIN A TRIP FOR 2 TO DACIA UTMB® MONT BLANC
Organizer: This Prize promotion is organized by ORIGINAL BUFF, SA with address to calle Francia, 16, 08700 Igualada ( Barcelona), Spain.
This Prize Promotion is not endorsed, sponsored, administered by, or associated with Instagram. Instagram is no responsible for anything that may happen to participants who participate in the Prize promotion.
This Prize promotion promotes BUFF® products.
1. Eligibility
The Prize Promotion is free to enter. No purchase is necessary to enter this prize promotion.
The Prize Promotion is open to individuals who are legal residents of Canada, Quebec, United States, Spain, Germany, United Kingdom, France, Belgium, Netherlands, Poland, Ireland, Norway, Sweden of legal age in the province or territory or state of residence at the time of entry.
The Prize Promotion is not open to employees of ORIGINAL BUFF, SA, Buff Canada and Buff Inc or its subsidiaries or affiliates, as well as the immediate family (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such employees, representatives and agents and anyone otherwise connected with the operation or fulfillment of the prize promotion, are not eligible to participate in the Promotion. Any illegible entries will be held void. VOID WHERE PROHIBITED
BY PARTICIPATING IN THIS PRIZE PROMOTION, PARTICIPANTS ACKNOWLEDGE COMPLIANCE WITH, AND AGREE TO BE BOUND BY, THESE PRIZE PROMOTION RULES. PARTICIPANTS who do not comply with one or more of the PRIZE PROMOTION RULES are subject to disqualification by the Organizer, at the Organizer’s sole discretion.
2. Entry Period
The prize promotion period will run from 27th of March 2024 (from 0.01 am) to the 30th of April 2024 (until 11.59 p.m), based on each participant’s local time zone.
Only entries received within the Entry Period will be taken into account.
3. How to enter
Having an Instagram account and access the internet is needed.
To enter the prize promotion, eligible entrants must during the entry period:
1. Follow @buffofficial or @utmbmontblanc on Instagram.
2. Tag the person you want to bring to Dacia UTMB Mont-Blanc with you in the comments.
3. Fill out the entry form to which directs a link posted on @buffofficial @utmbmontblanc where participants are asked to enter their email and full name, Instagram handle, to enter, accept these official Rules and Privacy policy and opt in to receive marketing communications from the Organizer regarding BUFF® products, events and news. Once registered, participants may unsubscribe from receiving marketing communications at any time without losing their status as a participant in the prize promotion.
4. Only one entry is allowed per natural person. If a participant submits multiple entries, only the first entry received by the Organizer will be taken into account.
4. The Prize
The total number of winners awarded in the prize promotion is 1 (one).
The Prize of the promotion is one (1) trip to Dacia UTMB Mont-Blanc Chamonix, France, for two (2) people, with a total approximate maximum commercial value of € 5,300. The Prize includes:
• Accommodation: up to 7 nights at winner’s option, including hotel accommodation (double occupancy room) (Approximate commercial value 2.700 euros*
• Transportation to and from Chamonix
• The transport round trip flight (economy class) [approximate commercial value 2.000 euros, including Tax./round trip flight/person]
• 2 tickets to follow the main races including start and finish lines.
• 1 BIB for the winner if winner meets the UTMB WS requirements. (Approximate value up to 398€)
• Gift package featuring UTMB® goodies (Approximate value up to 200€ )
• *Winner is responsible for covering their own food expenses
Any difference between stated value and actual value will not be awarded.
Prize Conditions:
a. Winner's guest must be of legal age or older, unless the winner is the parent or legal guardian of the guest. Winner and their guest will be responsible for all travel documents and identification acceptable to airlines, security and governmental agencies.
b. Winner and guest must travel on same itinerary. Flight departure from the nearest airport to the winner’s place of residence. Flight return from the nearest airport to Chamonix (France). Travel arrangements to and from the winner’s residence to the airport of departure do not form part of the Prize and are the responsibility of the winner.
c. Actual value of air tickets will depend on airfare fluctuations and point of departure. Flights are subject to the fare rules and General Conditions of Carriage of the relevant carrier. Air tickets are available on the regular scheduled services of each airline and are subject to seasonal embargos and availability at the time of booking. The Organizer is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner.
d. The winner is responsible for the payment of any applicable airline excess baggage fees or other fees, taxes and surcharges and for any expenses not specified in the description of the prize. Travel insurance is highly recommended to protect against the additional costs incurred in the event of unforeseen circumstances. The winner shall be requested to, and agrees to, enter into an affidavit in the form provided to him/her by the Organizer by which the winner confirms formal acceptance of the prize and acknowledges that the winner is liable for any expenses not specified in the description and for all (if any) taxes and surcharges that may be levied on the prize.
e. The winner and winner’s guest must be available between 25th August to 1st of September 2024 to travel. Travel must be completed by 2nd of September 2024 In the event that the winner is unable to travel during the stipulated period then such winner forfeits the entire Prize with no further compensation or further liability of the Organizer.
f. Any extension to the duration of the Prize is at the winner’s sole expense and subject to availability at the time of booking. Prize travel will be booked by the Organizer for the winner for fixed dates. Once flights and accommodation are booked, dates may not be amended.
g. Unless otherwise specified all other expenses are the responsibility of the winner (and their guest) including but not limited to food expenses, spending money, transport to the airport from their residence, incidentals, alcohol, mini-bar, laundry, room service, telephone calls, gratuities, services charges, travel insurance, passports, and all other ancillary costs. A credit card imprint or cash deposit may be required from the winner at time of accommodation check-in to cover incidental charges.
h. Winner and guest agrees to have their name announced on social media and to be used in marketing materials related to BUFF® and UTMB Group.
The prize is subject to change without notice. The prize is personal, non-exchangeable, non-transferable and non-refundable. No cash alternative is available.
In the event of conflict with the laws and regulations of a country, such as tax regulations or other restrictions beyond the Organizer's control, the prize may be undeliverable to the winner. In this case, the organizer may offer an alternative prize of equal or higher monetary value.
To the extent not prohibited under applicable mandatory law, all taxes which may be payable as a consequence of receiving the Prize are the sole responsibility of the winner.
The Organizer will give notifications to tax authorities and pay any taxes that it is obliged to pay, if applicable, in accordance with applicable mandatory law. IF TAXES ARE APPLICABLE TO THE PRIZE, IT IS THE RESPONSIBILITY OF THE WINNER TO PAY TO THE APPROPRIATE AUTHORITIES. DELIVERY OF THE PRIZE TO THE WINNER IS SUBJECT TO THE EXPRESS REQUIREMENT THAT THE WINNER SUBMITS TO PROMOTER ALL DOCUMENTATION REQUESTED BY PROMOTER TO PERMIT COMPLIANCE WITH ALL APPLICABLE STATE, FEDERAL, LOCAL AND FOREIGN (INCLUDING PROVINCIAL) TAX REPORTING AND WITHHOLDING REQUIREMENTS. The winner is responsible for ensuring that the tax documentation submitted to Organizer complies with all applicable tax laws and requirements. If a winner fails to provide the documentation or submits incomplete documentation, the prize may be forfeited and the Organizer may, in its sole discretion, select an alternate winner or declare the Prize Unclaimed.
Unless otherwise provided under applicable mandatory law or expressly stated in writing in connection with the distribution of the prize, the prize is awarded on an "as is" basis and Organizer, nor any of its affiliates, makes any representations or warranties of any nature with respect to the prize.
5. Odds of Winning
The odds of winning depend on the number of eligible entries received before the Prize Promotion End Date.
6. Submission Rules
All comments by participants to the post referring to the Prize Promotion, if any, must follow Buff® use of social media Policy and not contain any material that:
1. Violates or infringes another person’s copyright, trademark or any other intellectual property rights, or privacy, personality, or any other right.
2. Contains any material that promotes bigotry, racism, hatred, or harm against any group or individual on the basis of race, sex, gender, political beliefs, religion, nationality, sexual orientation or age.
3. Contains or displays any commercial/corporate advertising other than that of BUFF® for headwear products, including, but not limited to, corporate logos, brand names, trademarks, slogans, political or religious statements.
4. Contains indecent, violent, or unsafe behavior or situations, profanities, or obscenities, including but not limited to nudity or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous or libelous.
5. Disparages any persons or organizations.
6. Includes threats to any person, place, business, or group.
7. Refers, depicts or in any way reflects negatively upon the Organizer, its affiliates, its brand or anyone involved in the operation and administration of this Prize Promotion.
All entries must be completed within the entry period and are subject to verification by the Organizer, in its sole discretion. Entries are received when Organizer’s server records the entry information (form submitted). Limit of one entry per person.
Organizer accepts no responsibility for entries not successfully completed due to a technical fault technical malfunction, computer hardware or software failure, satellite, network or server failure of any kind.
Any attempt or suspected attempt to use robotic, automatic, programmed, or otherwise illicit means to enter the Prize promotion, or any other methods not authorized by these Prize promotion Rules, for example, but not limited to, creating multiple Instagram accounts, identities, or registrations, all in the Organizer’s sole discretion, shall be deemed as tampering and may disqualify you from entering, participating and/or winning a prize.
Entries that contain false or incomplete information are void. Entries that are late, lost, stolen, illegible, contain false information, are damaged, misdirected, mutilated, garbled or incomplete, altered or otherwise irregular or that do not conform with or satisfy any or all of the conditions of the Prize promotion Rules are void.
No correspondence will be entered into except with Winner Entrant.
7. Winner Determination
A winner will be chosen by random draw performed by a computer process that produces verifiably random results on May 6th, 2024 ("Draw Date").
The winner will be notified by email and Instagram message ( using the details provided at the entry) by May 7th 2024 by the Organizer.
The winner may be required to prove eligibility and to receive and claim the Prize. The winner shall authorize all checks regarding its identity and domicile.
If a winner does not respond to the Promoter within 4 business days of being notified by the Promoter, and provides all needed information to provide and accept the prize, then the winner’s prize will be forfeited and the Promoter will be entitled to select another winner in accordance with the process described above or to end the prize promotion with no winner, at Organizer’s sole discretion.
If a winner is found to be disqualified after the prize is awarded, the award might be revoked, and the entrant requested to return the prize. In such case, the Promoter will be entitled to select another winner in accordance with the process described above or to end the prize promotion with no winner at the Organizer’s sole discretion.
Before being declared a winner, Selected Entrant will be required to: (i) sign and return the Organizer’s Declaration of Eligibility and Liability/Publicity Release form (” Winner Release”); and (ii) comply with all other official Rules, all in the sole discretion of Organizer.
A signed copy of the Organizer’s Winner Release must be received by the Organizer no later than 48 (forty-eight) hours after being sent. Organizer is not responsible for the failure for any reason whatsoever of a Selected Entrant, as applicable, to receive notification or for the Organizer to receive a Selected Entrant’s response.
Winner will be announced to the public by May 20th , 2024 via Instagram and/or email newsletter.
The Winner represents and warrants to collaborate with Organizer to administer the Prize. Should the winner not be able to travel on the given dates, the selected winner undertakes to notify Organizer within two (2) weeks of the Prize Notification, allowing Organizer to select another winner from the participant entries, at Organizer’s sole discretion and according the same procedure as described above.
The organizer’s decision regarding any aspect of the prize promotion is final and binding and no correspondence will be entered into about it. No correspondence or notification will be sent to non-winning participants.
8. Publicity and Entrant Information
With the exception of any other personal information of entrant which is subject to applicable privacy laws and the terms of Organizer’s privacy policy, with any participation in the Prize promotion, entrants, consent to the use worldwide and for unlimited period of time of the entrant’s name, any part or whole comments and image or other likeness, Instagram handle, whether on videotape or via photograph, for the administration of the Prize promotion or any publicity of BUFF® products and their respective affiliate companies, and official distributors and retailers of BUFF® products and any publicity of UTMB carried out by the Organizer or UTMB Group, without further notice or compensation including, but not limited to, on @buffofficial and @utmbmontblanc Instagram Account
Winner and Winner’s guest may be posted on @buffofficial Instagram account and@ utmbmontblanc and in any other Organizer’s social and UTMB media channels, website o other supports that Organizer and/or UTMB deem appropriate ( web, blog, etc…) to be used in marketing materials related to BUFF® and/or UTMB worldwide and for unlimited period of time.
Winner and winner’s guest consent to the Organizer and its affiliates and UTMB using their Instagram user name, likeness and name in any media for an unlimited period of time and worldwide without remuneration or compensation for the purpose of promoting this Prize promotion and its outcome and/or promoting BUFF® products and UTMB.
The Organizer may provide personal information of the winner and the winner’s guest to the Advertising Standards Authority on request.
9. Release And Indemnification
By participating in this Prize Promotion, participants agree to:
(i) To indemnify and hold harmless the Organizer, and each of Organizer's parent company and affiliates, UTMB and all parties involved in the operation and administration of this Prize Promotion and each of their respective owners, officers, directors, shareholders, employees and agents, successors and assigns, from and against any and all claims, demands, damages, losses, costs, liabilities, deficiencies, causes of action, suits, actions, proceedings, judgments, settlements, interest, awards, penalties, fines or expenses of any kind whatsoever, including reasonable legal fees, disbursements and charges that result from, are based upon, arise out of or relate to entry into the Prize competition or any breach by a participant of these terms and conditions, including without limitation, any third-party claim, suit, action or proceeding that participant's entry infringes or misappropriates such thirty-party's copyrights, trademarks, confidential information, trade secrets or any intellectual property rights, or privacy or personality rights.
(ii) To fully and forever release and discharge the Organizer and each of Organizer's parent company and affiliates, UTMB, licensees, and all parties involved in the operation and administration of this Prize promotion and each of their respective owners, directors, officers, shareholders, employees and agents, successors and assigns (the "Released Parties") from and against any and all claims, demands, damages, losses, costs, liabilities, deficiencies, causes of action, suits, actions, proceedings, judgments, settlements, interest, awards, penalties, fines or expenses of any kind whatsoever, including reasonable legal fees, disbursements and charges which participant or participant’s heirs, representatives, executors, administrators, or any other person's action on participant’s behalf or on behalf of participant’s estate, have or may have by reason of:
(a)Organizer’s exercise of any rights granted by the participant under these official rules
(b)Claims based on violation of any law or third-party right, including but not limited to, infringement of any intellectual property right, copyright or trademark, or violation of any privacy or personality rights.
The Organizer is not responsible for: (i) incorrect or inaccurate entry information that may affect a person’s ability to participate in the Prize promotion or be awarded a prize, including but not limited to human error, technical malfunctions, lost or delayed entries for any reason, mail failures, omission, or any combination thereof, and entries that fail to fully comply with these Prize promotion Rules; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) lost, incomplete, delayed, mutilated or misdirected entries or Winner Releases; (iv) injury or damage to entrants’ computers or to any other individual’s computer related to or resulting from participating in, or downloading any material regarding the Prize promotion or accepting a prize; (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Prize promotion or receipt or use or misuse of any prize, including any related travel and the use of entries by Organizer; (vi) the security or privacy of information transmitted via computer networks or for breaches of privacy due to interference by third-party computer hackers or otherwise; or (vii) late, lost, misdirected or unsuccessful efforts to notify a potential winner.
The winner and winner’s guest use the prize at their own risk. Insofar as is permitted by law, the Organizer, its affiliates, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or the winner’s guest or accept any liability for any loss, damage, personal injury or death occurring as a result of receipt, acceptance, possession or use and/misuse of the Prize, except where it is caused by the negligence of the Organizer, its agents or distributors or that of their employees. Winner and winner’s guest statutory rights are not affected.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
10. Other Conditions
Within the limits imposed by law, the Organizer reserves the right to terminate or amend this Prize promotion at any time and in any way, without prior notice to entrants. Without limiting the foregoing, if, for any reason, the Prize promotion is not capable of running as originally planned for any reason, including Force Majeure, the Organizer reserves the right to cancel the Prize promotion.
11. Rule Amendment
Within the limits imposed by law, Organizer reserves the right, in its sole discretion, to change these Official Rules or cancel the Prize promotion at any time, or to modify, terminate, or suspend the Prize promotion should viruses, worms, bugs, unauthorized human intervention, or other causes beyond Organizer’s control corrupt or impair the administration, security, fairness, or proper play of the Prize promotion or submission of Entries.
Organizer is not responsible for any human or other error that may occur in the processing of the Entries, nor is it responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to, or alteration of, Entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any Web site.
The Organizer reserves the right of final judgment concerning items not expressly stated in these official rules. Entrants who do not consent to the Organizer's decisions may withdraw from the Prize promotion.
12. CHOICE OF LAW AND FORUM
13.1 For participants of Canada and Quebec:
THE PRIZE PROMOTION IS VOID WHERE PROHIBITED BY LAW and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Prize promotion shall be governed exclusively by the laws of Canada, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Prize promotion rules, rights and obligations between participants and Organizer, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Alberta Provincial Court.
13.2 For participants of United States:
THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SONOMA COUNTY, CALIFORNIA OR THE NORTHERN DISTRICT OF CALIFORNIA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN SONOMA COUNTY, CALIFORNIA OR THE NORTHERN DISTRICT OF CALIFORNIA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT, SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
13.3 For all other non-Canadian and non-United States participants:
These terms shall be governed by the laws of the country of the participant.
If you have a complaint relating to these Terms, we will attempt to resolve the complaint internally. Ultimately, any dispute shall be brought before the Court of first instance with jurisdiction over the place where you are a legal resident.
If a dispute, conflict or controversy arising out of, or in connection with this Promotion, cannot be resolved through negotiation between the parties, the European Commission provides a platform for online dispute settlement. This gives you the opportunity to settle disputes in connection with these Terms without first engaging a court. The platform can be found at http://ec.europa.eu/consumers/odr/ (http://ec.europa.eu/consumers/odr/)
The consumer can also submit the matter for resolution to a competent national dispute resolution body.
13. Use of Personal Information
By participating in the Prize promotion, each entrant, consents to the Organizer’s and/or third party service providers’,administrators’ and the UTMB Group’s collection, use, and disclosure of their name, email, or other electronic address, telephone number(s), town or city, province or territory of residence postal code, or mailing address, Instagram handle (Personal Information,) solely for the purpose of administering the Prize Promotion, including for prize fulfilment purposes, where applicable and for the advertising purposes as described in section 9. Publicity and Entrant Information.
This is the basic information on Data Protection:
CONTROLLER: ORIGINAL BUFF, SA, calle Francia, 16, 08700 Igualada, (Barcelona), Spain, buff@buff.com, phone +34 93 805 4861 and dpo@buff.com for all issues related to data protection.
PURPOSE: Administering the Prize promotion; sending marketing communications when the participant has given consent to receiving marketing communication; for advertising of BUFF® products and UTMB.
LAWFUL BASIS: the execution of this Prize promotion under the terms and conditions established and accepted by the participant. The consent given by the participant to receive marketing communications.
RECIPIENTS: Enterprises within the BUFF® group and UTMB Group ( UTMB Group SAS and IRONMAN FRANCE SARL). UTMB Group SAS has is address at 31 rue du Lyret 74400 Chamonix-Mont-Blanc, and IRONMAN France SARL, at 3407 West Dr. Martin Luther King Jr. Blvd., Suite 100, Tampa, FL 33607, Florida
Third party service providers As the travel agency to book the transport and accommodation to deliver the prize and the provider of the computer platform that provides verifiably random results for the selection of the winner.
It may include international transfers of data.
RIGHTS: You may exercise at any time your rights to access, rectify or delete your data, restrict processing, object to processing, the right to the portability of your data, and the right to revoke the consent given and other legal rights by sending an written request to the addresses as set forth above or by email to dpo@buff.com.
ADDITIONAL INFORMATION: You can read in detail our Privacy Policy here: UK Privacy Policy, US Privacy Policy and Canada Privacy Policy.
ENTRY IN THIS PRIZE PROMOTION CONSTITUTES ENTRANT ACCEPTANCE OF THESE TERMS AND CONDITIONS.