The Trailhero application and program is organised and conducted by Oberalp S.p.A., with its registered seat in 39100 Bolzano (BZ), Waltraud Gebert Deeg Street n. 4, VAT number 00122250210 (henceforth: the “Organiser”)
2.) Rules of the contest:
In order to apply for the Trailhero program, 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 apply for the Trailhero program, the participant is not required to purchase goods and/or services offered by the Organiser. The application is free of charge for the participant.
Only persons legally residing (place of residence) in Czech Republic, France, Germany, Hungary, Italy, Norway, Poland, Slovakia, Spain, Switzerland, USA shall be entitled to apply for the Trailhero program.
Participants need to have an Internet connection and an e-mail address and must be a registered user on the Dynafit.com website in order to submit their Trailhero application. The participant is not allowed to use multiple email addresses, i.e. to submit more than one application, to increase his/her chances of being chosen. In case of violation of this prohibition, the Organiser has the right to exclude the participant altogether from the application, the selection process and ultimately also from the Trailhero program.
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 Organiser may exclude the participant from the application process, the selection process and ultimately also from the Trailhero program.
The participant himself is responsible for the correctness of the contact data provided. In the event of impossible or incorrect treatment of the application due to incorrect data, the application will be disregarded and not accepted by the Organiser.
This application is unrelated to Facebook and Instagram and is not sponsored, supported or organized by Facebook Inc. in any way. The data provided by the participant will be collected and processed by the Organiser. The data provided by the participant will only be used in accordance with the statement on the processing of personal data made available and known by the participant. Questions, suggestions and complaints should be directed exclusively to the Organiser.
3.) Execution of the application process:
The application will be open from March 7th until April 12th (23:59:59) 2020. Applications can only be submitted via the dedicated Trailhero landingpage on Dynafit.com. No other application forms will be accepted. In order to participate the applicant needs to be a registered user on Dynafit.com, i.e. have a registered account on Dynafit.com and subsequently submit his/her personal data in the dedicated application form. Furthermore, the applicant needs to submit a motivational letter (maximum length of 1.200 letters incl. spaces) containing his/her motivation to apply for the program. The motivation letter must be in a .doc, .docx or .pdf format. In addition, a Trailrunning photo of the applicant needs to be submitted and must be in .jpg, .png. or .pdf format. The application form, the motivational letter and the photo shall henceforth be jointly referred to as “Application”. The submitted Application is only valid for the 2020 Trailhero program, for all following programs a new application must be provided. After the application process has been closed, all eligible Applications will be distributed to the respective Dynafit Country Marketing Managers. The selection of the Trailheroes is made directly by the Dynafit Country Market Manager of the respective country. Aspects such as Social Media reach, athletic background, motivation and/or sponsorship deals or similar contracts with competitors of the Organiser will be taken into account during the selection process, but ultimately, the decision shall be based solely on the professional and discretionary judgement of the Dynafit Country Market Manager and no recourse or appeal shall be possible against said discretionary decision. Furthermore, the number of trailheroes chosen for each country/region is not defined in advance and is at the Country Manager’s discretion.
An applicant is only allowed to submit one Application per year, but may submit a new application in subsequent years, if and when the Organiser decides to start a new application process.
The selected applicants will be notified and contacted by the Organiser via e-mail within 7 days after the application period has ended. The participant must confirm the participation at the Trailhero program subsequently via e-mail. If no confirmation is received within 14 days, the selection shall be deemed as forfeited and the Organiser shall be entitled to choose another participant or, upon its free decision, accept a belated confirmation by the applicant. Upon accepting his/her selection, the participant shall be considered as a “Trailhero”.
The winners will be asked to provide to the Organiser a valid identity document (e.g. ID card or passport) in order to prove their identity.
4.) Trailhero – Benefits and duration
A trailhero is deemed to be a person active in the sport of trail running, whose athletic interests align with the values and the image of the brand “Dynafit”.
A Trailhero shall be deemed to be an ambassador for the brand “Dynafit” and, thus, shall receive Dynafit-branded products (clothing, shoes, accessories) free of charge as well as bibs/entries for trailrunning competitions/events (collectively referred to as “Benefits”). The decision regarding the exact amount and value of the Benefits to be provided to the Trailhero lies solely with the Dynafit Country Manager and depends on individual agreements between each Trailhero and the Dynafit Country Manager. The Trailhero is not entitled to claim or insist on receiving any Benefits.
The participation in the Trailhero program shall have a regular duration of one year starting from the day on which the selection has been accepted by the Trailhero.
Upon completion of the program, the Trailhero shall be entitled to retain all clothing, shoes and accessories received by the Organiser.
The Trailhero shall use his/her best endeavours to make himself/herself regularly available to the Organiser for promotional purposes, such as interviews, magazine or calendar shoots or similar and shall produce regular content regarding his trailrunning activities on his/her website/blog and/or social media accounts, thereby featuring prominently the brand “Dynafit”.
The Trailhero shall remain independent and not be regarded as an employee or agent or representative of the Organiser. The relationship between the Trailhero and the Organiser shall be confined to what has been established in these terms of participation.
Legal representatives and/or employees, of the Organiser as well as all persons involved in the creation and implementation of the program and the family members of all aforementioned persons as well as athletes sponsored by the Organiser are excluded from participating in the Trailhero program.
6.) Limitation of liability:
The Organiser is not liable, except for cases of gross negligence or wilful intent on the side of the Organiser, for technical or other problems, which are outside the sphere of its influence.
The Organiser does not warrant, that the specific website created by the Organiser 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 Organiser, for any interruptions or crashes of the website caused by whatever reasons.
7.) Publicity and advertisement:
The contest will be advertised on the Organiser’s websites and on its social media accounts as well as through the Organiser’s newsletters.
8.) Grant of rights and warranties by the Participant:
By submitting an Application, the participant grants the Organiser:
a. In case of his/her selection as Trailhero: i) Permission for his/her Application or parts thereof to be published on the Organiser’s websites and social media accounts (instagram, facebook, twitter, youtube) owned/managed by the Organiser. Regarding the application form, the publications will be limited to the name, the country of residence and the social media channels of the Trailhero. Furthermore, by accepting these terms of participation, the Trailhero gives his/her explicit consent that the Organiser may send the Application, within the limits provided for in this paragraph, to its media partners for publication on their websites, social media accounts and/or offline media. The Trailhero grants the Organiser a non-exclusive, irrevocable, royalty-free, worldwide, perpetual licence (with a right to sub-license) to use, republish, edit and/or modify his/her entered photo and/or the motivational letter in any/all media (including in electronic format, hard copy and in Organiser’s publications) for purposes connected to the application.
ii) Furthermore, the Trailhero hereby grants the Organiser the worldwide, irrevocable and perpetual right to photograph, film, videotape, or otherwise obtain an image of the Trailhero by any means (e.g. during photoshoots organised by the Organiser) as well as to record and use testimonials by the Trailhero for any business purpose of the Organiser, including for advertising and marketing purposes. All works produced pursuant to this paragraph shall be the property of the Organiser and all right, title and interest shall automatically vest in the Organiser. In addition, to the extent, if any, that such right, title and interest do not automatically vest in the Organiser, the Trailhero hereby irrevocably assigns, conveys and otherwise transfers to the Organiser with the right to grant sublicenses all rights in such works to the utmost extent permitted by law without having the right to claim or receive any compensation in this regard. In the event the Trailhero has any right(s) that under applicable law cannot be assigned, the Trailhero further agrees to waive enforcement worldwide of such right(s) against the Organiser or, if necessary, to grant the Organiser an exclusive, royalty-free license to all such right(s) worldwide, with the right to sublicense, also in this case without having the right to claim or receive any compensation in this regard.; and
b. 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 application.
To the extent permitted by law, the participant waives all rights, including moral rights in his/her Application. Notwithstanding the aforementioned waiver, in order to use Applications as intended and advised in these terms of participation, the Organiser may need to modify photos, including but not limited to resizing, cropping or colour adjustment as necessary, provided that the Organiser shall endeavour in undertaking such modifications to maintain the integrity of the entry as originally created; and (ii) the Organiser shall provide a photo credit for all entries.
The Application 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 Application. If the Organiser has reason to believe that the participant’s Application is not his/her own work, the Organiser may exclude the participant from the selection process and ultimately also from the program.
The participant confirms and warrants that each individual whose image is featured in the Application has given consent for the use of his/her image in connection with this Application and in accordance with these terms of participation. Where an individual whose image is featured in an Application 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 Application and in accordance with these terms of participation.
The participant shall be liable towards the Organiser for any claims brought by any third party in relation to the copyright in the Application and/or the right to use the image of said third party and shall hold the Organiser fully harmless.
9.) Final provisions:
By applying for the Trailhero program, the participant fully accepts these terms of participation.
The application process shall be governed by the laws of Italy.
Any disputes regarding the application for and the execution of the Trailhero program shall be referred to the exclusive jurisdiction of the courts of Bolzano (Italy). If the participant falls within the definition of a “consumer” pursuant to Legislative Decree n. 206/05 and is domiciled within an EU-Member State, the Customer may also initiate proceedings before the competent court of the EU-country in which he/she lives.
These terms of participation represent the entire and final regulations for the application program. Should individual provisions of these conditions of participation be or become invalid, the validity of the remaining terms of participation shall remain unaffected.