TERMS & CONDITIONS ONLINE COMPETITION
DESIGN YOUR DUKE CONTEST
The organizer of the competition is KTM Sportmotorcycle GmbH, Stallhofnerstraße 3, 5230 Mattighofen (hereinafter "KTM"). More information about KTM can be found at www.ktm.com. Any natural person who is living in Europe and is at least 18 years old is eligible to participate ("participants"). The directors of the organizer and their families are excluded from participation. For the participation, no purchase of goods / services of the organizer is required apart from a valid and an, at least for the duration of the contest, public Instagram account and Internet access. By participating in the competition, the participants confirm that they accept these terms and conditions.
Participants whose personal details are not true will be excluded from participation. Likewise, participants who attempt to manipulate or attempt to manipulate the participation process and / or the competition and / or otherwise violate the terms and conditions of participation will be excluded. The exclusion can also be done retrospectively and any prize already given in this case can be reclaimed.
IMPLEMENTATION OF THE COMPETITION, PRIZE NOTIFICATION
The successful participation in the competition and the chance to win requires posting a photo in your Instagram Feed as well as using the following hashtag: #DESIGNYOURDUKECONTEST. The competition will end on June 21st, 2022. The winner will be chosen by a KTM jury and Rok Bagoroš and will be announced on 21.07.2022. Provided the forementioned conditions are met, the winner will be notified in via direct message on Instagram form the profile @ktm_official. The prize will only be awarded if the winner accept the winning notification within three calendar days after KTM 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.
- 1 KTM DUKE 2022*,
- a sticker kit styled in the winning design and a hand-over of the bike and applying the sticker kit in the KTM Motohall, Mattighofen, AUSTRIA**
- and a 500€ voucher for KTM PowerParts
A cash payment or a prize exchange is not possible.
KTM 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.
EARLY TERMINATION AND CHANGE OF THE COMPETITION
KTM reserves the right to terminate or modify the competition details at any time without notice, if for technical or other reasons a proper performance of the competition can’t be guaranteed, or the fairness of the competition appears to be impaired. Claims for the participants do not arise from this.
PERSONALITY RIGHTS FOR FILM AND PHOTO RECEIPTS
The participant agrees that his design and feedpost will be published for the purposes of the competition, may be published by KTM or by a partner commissioned by KTM for advertising purposes. In particular, this authorization includes the publication on the websites and Instagram profiles of KTM. The winner agrees that his sticker kit will be produced by KTM and applied to the motorcycle at KTM Motohall, Mattighofen, AUSTRIA, this application will be done publicly with participation of a film photo crew. This consent can be revoked in writing at any time. Such revocation applies to all future publications, but not to previous ones.
LIABILITY OF KTM
KTM is liable only for intent and gross negligence. This does not apply in the case of a negligent breach of a material contractual obligation. These are duties that are essential to the performance of the competition because they are the ones to enable them, and therefore the participant can trust in their fulfillment. In this case, the liability of KTM for ordinary negligence is limited to the typical and foreseeable damage. For damage resulting from injury to life, body or health, the limitation of liability does not apply.
USE OF THE DATA
The personal information of the participants will only be used for the purpose of the competition, as described in these conditions of participation. The responsible party within the meaning of the GDPR is the organizer of the competition named above. By participating in the competition, the participant grants the organizer the non-exclusive, territorially unrestricted right to reproduce the entries on the website and in the social media platforms of the organizer without remuneration even after the end of the competition. This consent can be revoked in writing by e-mail to email@example.com at any time. Such revocation applies to all future publications, but not to previous ones. The organizer accepts to carefully manage the data obtained in connection with the performance of the competition. The processing and disclosure of the data is based on point (b) of Article 6(1) of the GDPR.
The organizer is not liable for damage caused by errors, delays and/or interruptions in data transmission, technical errors, incorrect and/or incomplete content as well as virus-related loss or deletion of data. Exclusion from the competition, early termination, liability: The organizer reserves the right to disqualify participants who manipulate the competition and / or violate the terms and conditions or good morals and / or otherwise improperly try to win the competition and disqualify the competition without notice, or withdraw their winnings without notice, and to reclaim them if necessary. This Competition is not sponsored, endorsed or administered in any way by or in association with Instagram. The participant makes his information available to the organizer and Instagram assumes no liability for components of this competition. The Organizer accepts no liability to the winner for any loss or damage of any kind whatsoever arising out of or in connection with the Competition, data processing and the prize. The entire contest is subject to Austrian law excluding the conflict of law provisions. Should one of these 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.
**KTM DUKE 125, 390, 890, 890R depending on the respective driving license
**travel, accommodation and delivery/transfer expanses have to be paid by the winner and will not be covered by KTM