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TERMS AND CONDITIONS FOR SIGNED RACQUET BY TAYLOR FRITZ (THE “GIVEAWAY”) - FOR USA

NO PURCHASE NECESSARY TO ENTER TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.

This sweepstake is organized and run by HEAD Sport GmbH, Wuhrkopfweg 1, 6921 Kennelbach, Austria (“HEAD”)

1. ELIGIBILITY

Win a Signed Racquet by Taylor Fritz (the “Sweepstakes”) is open to legal residents of the fifty(50) United States and District of Columbia who are at least eighteen (18) years old at the time of entry (“Entrants”). Employees of HEAD, its subsidiaries and affiliates and other companies associated with the promotion and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings and children) and household members of each employee are not eligible. The Sweepstakes are subject to federal, state, and a local laws and regulations.

2. SPONSOR

The Sweepstakes is sponsored by HEAD Penn Racquet Sports, located at 306 S. 45th Avenue, Phoenix, AZ 85083, USA. 1-800-289-7366.

3. AGREEMENT TO OFFICIAL RULES

Participating in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decision of the Sponsor, which are final and binding. Winning a prize is contingent upon Entrant’s compliance with these Official Rules and fulfilling all other requirements set forth herein.

4. SWEEPSTAKES PERIOD

Entries for the Sweepstakes may be submitted beginning on February 9, 2023 at 11:30am EST and ending on March 19, 2023 at 5:00am EST (the “Sweepstakes Period”). Entries that are submitted before or after the Sweepstakes Period will be disqualified. Prize winners will be drawn during the period set forth in paragraph 7.

5. HOW TO ENTER

Entrants can enter the sweepstakes through an account on the Instagram platform. The sweepstakes is in NO WAY, sponsored, endorsed or administered by or associated with Instagram.  By entering, entrants confirm they are 18+ years of age, release Instagram of responsibility, and agree to Instagram’s term of use.

To Enter:

1)     Follow the Instagram account @headtennis_official and @taylor_fritz
2)     Like the post “Win one of Taylor’s signed Radical racquets!”
3)     Tag two friends in the comments

6. PRIZES

The Sponsor will be awarding one (1) Radical tennis racquet autographed by Taylor Fritz with a retail value of $259. No cash or other substitutions will be permitted except at the Sponsor’s discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, state and/or local taxes shall be the sole responsibility of the winner.

7. PRIZE DRAWING

On or about March 19, 2023 the Sponsor will select one (1) prize winner in a random drawing from among all eligible entries received. The odds of winning depend on the number of eligible entries received. Entrants are eligible for one (1) Prize only.

8. WINNER NOTIFICATION

Selected winners will be notified by direct message on the Instagram platform within 3 days of the drawing and will be required to provide their name and shipping address to accept the prize. All decisions are final and binding. Should the message be returned to the Sponsor as invalid, two more attempts will be made via direct message. Winners must contact the Sponsor within five (5) calendar days from the date the email notification is sent by the Sponsor to claim their prize. Failure of the selected winner to contact the Sponsor within the five (5) day period will result in forfeiture of the prize, and a new winner will be selected. No exceptions will be made to this rule. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners.

9. ODDS OF WINNING

The odds of winning will be determined by the number or eligible entries received.

10. IN THE EVENT OF A DISPUTE REGARDING WHO SUBMITTED AN ONLINE ENTRY

The entry will be deemed submitted by the authorized account holder of the Instagram account.

11. OTHER CONDITIONS

Sponsor, its agents and representatives, its parent companies, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and legal advisors are not responsible for and will not be liable for (i) late, lost, damaged, misdirected, incomplete or unintelligible entries; (ii) electronic, hardware or software program, network, internet or computer malfunctions, failures or difficulties of any kind; (iii) failed, incomplete, garbled or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (v) any injuries losses or damages of any kind arising in connection with or as a result of the Sweepstakes, or from participation in the Sweepstakes; or (vi) any printing or typographical error in any material associated with the Sweepstakes.

12. TERMS

The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, the Sponsor may select the Winners from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Terms & Conditions.

 

13. Data Protection

HEAD will process personal data in accordance with national data protection laws, and – as the case may be – the GDPR. Detailed information on the processing of personal data under the GDPR can be found in our privacy policy attached hereto.

Appendix I

Privacy Policy Sweepstakes (GDPR)

Protecting your personal data is an important concern for us. We therefore comply with the applicable legal provisions regarding the protection, lawful scope and confidentiality of personal data, and regarding data security. Below, you will learn which information we might collect and process in the course of the Campaign.

If the processing of your data should deviate from the statements made in this Privacy Policy in a specific case, you will be informed of this separately.


1. General Provisions

The EU General Data Protection Regulation (“GDPR”) and the corresponding national data protection laws protect the fundamental rights and freedoms of individuals and their rights to the protection of personal data.


1.1 What is personal data?

Personal data is information about data subjects, whose identity is determined or at least can be determined. Personal data includes, for example, names, addresses, telephone numbers, e-mail addresses, social media account IDs, etc.

1.2 Which personal data do we collect from you, and how or for what purposes do we process your data?

During the course of the Sweepstake we process data relating to you as a person (e.g. first name, surname, date of birth, contact details) as well as personal data deriving from the Sweepstake itself (e.g. social media name) in order to run the Sweepstakes.


1.3 On which basis do we process your personal data?

We process your personal data as necessary for the performance of the contract or in order to take steps prior to entering into a contract (Article 6 (1) (b) GDPR).


1.4 To whom do we transfer your personal data?

We also transmit your personal data to the necessary extent to external performance agents or service providers (including our other companies of the HEAD Group):

  • to service providers who support us in realizing the Sweepstakes;
  • to other external third parties to the necessary extent (e.g to shipping agents);
  • to officials and other public offices to the extent required by law (e.g. courts, tax authorities etc.)


We might transmit your personal data to companies and contractual partners outside of the EU/EEA for the provision of our services and the fulfilment of the Sweepstakes. However, such transmission does not change anything in our obligation to protect your personal data in accordance with this Privacy Policy.

If your personal data is forwarded outside of the EU/EEA, we guarantee an adequate measure of security by forwarding them to countries that have an appropriate level of protection based on confirmation by the European Commission, or by concluding an appropriately formulated contract between us and the legal person outside of the EU/EEA who receives the data.

In other cases, the data transfer might be based art. 49 para. 1 GDPR. You may receive a copy of the suitable guarantees by sending an e-mail to us at privacy@head.com.

 

1.5 For how long to we store your personal data?

We will save the personal data processed during the Sweepstakes as long as they are required for the fulfilment of our contractual obligations. If processing depends upon your consent, we will store this data as long as you do not withdraw your consent. We will also store your data only as long as we are obligated by law to store them and as long as claims can be asserted against us.

 

2. Your rights

You have the right to receive information in a clear, transparent and intelligible manner regarding how we process personal data and regarding your rights as a data subject (Art. 13 et seqq. GDPR):

  • You therefore have the right to information and to receive a copy of the personal data about you that is processed; (Art. 15 GDPR);
  • If the personal data is incorrect or no longer current, you have the right to rectification; (Art. 16 GDPR);
  • You also have the right to erasure of your data (“right to be forgotten”); (Art. 17 GDPR)
  • You also have the right to unsubscribe from marketing campaigns and to opt out in this regard at any time; (Art.21 Para. 2 GDPR);
  • You may also revoke your consent to the processing of personal data at any time with effect for the future if processing is based on your consent; (Art 7 GDPR)
  • You also have the right to data portability (Art. 20 GDPR) in a commonly used and machine-readable format. This applies exclusively to data that you have provided, with which processing is based on a contract or consent and with which processing takes place automatically;
  • Finally, you have the right to request that the processing of data by us be restricted (Art. 18 GDPR), so that we may only continue to store them and no longer use or process them. However, this applies only in the following situations:
    • The accuracy of the personal data is contested by you for a period enabling us to verify the accuracy of the personal data;
    • The processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead;
    • We no longer need the personal data for the purposes of the processing, but you need them for the establishment, exercise or defense of legal claims;
  • You have objected to processing based on our legitimate interests and the verification of whether legitimate grounds on our side override those on your side is not yet certain.

 

Your right to object

 

As the data subject, you may object to the use of your data at any time if the processing serves the purposes of direct marketing. If we process your data for legitimate purposes, you also have the right to object at any time if grounds for this arise from your specific situation. In this case, we ask you to provide reasons as to why the data should not be processed in the future.

 

 

  • You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you (Art. 22 GDPR).
  • You also have the right to lodge a complaint with the competent data protection authorities if you are of the opinion that the processing of the personal data about you violates the applicable data protection laws (Art. 77 GDPR).

3. Contact

Before you lodge a complaint with the data protection authorities, or if you have questions, you may also contact us:

 

Head Sport GmbH
To the attention of the Legal Department
Wuhrkopfweg 1, 6921 Kennelbach
Via e-mail at privacy@head.com

So that we can process your inquiry regarding your rights specified above and ensure that personal data is not given to unauthorised third parties, please address the inquiry with a short description regarding the scope of the exercise of your data subject rights listed above.