Win a Yamaha R125 bike with Monster Energy!
submit entries from June 15 2021 to July 14 2021
AWARD CONTEST TERMS & CONDITIONS
Please read these terms & conditions (“Terms”) carefully. By entering the Award Contest (as defined below), you are agreeing to be bound by these Terms.
1. Subject to the provisions of paragraph 4 below, this award contest (“Contest") is open to all persons aged eighteen (18) years of age and over and who are citizen of Republic of Serbia with residents on the territory of Republic of Serbia (“Serbia”).
2. This Contest is being organised and operated by Monster Energy SER doo Beograd-Vracar (Serbia). no. 19/2, Njegoseva street, Belgrade, Serbia (“Monster Energy”).
3. The Contest is being conducted through the website at www.monsterenergy.com/yamaha_rs (the “Website”) and promoted through promotional material within selected participating ‘NIS’ locations in Serbia (“Retailer”).
4. No employee or family member of an employee of Monster Energy or its affiliated companies, subcontractors, agents or assigns or anyone else professionally connected with the Contest is permitted to enter the Contest.
5. By entering this Contest pursuant to these Terms, each entrant (“you”, “your”, “Entrant”) agrees to be bound by these Terms and by the decision(s) of Monster Energy, whose decision shall be final, in relation to all matters relating to the Contest. No further correspondence will be entered into by Monster Energy.
6. All times and dates set out in these Terms refer to the times and dates in Serbia. In the event of any dispute over the time or date of any entry submitted, the decision of Monster Energy shall be final.
7. The commencement date of the Contest is 00:00 on 15 June 2021 (“Commencement Date”) and the closing date for the Contest is 23:59 on 14 July 2021 (“Closing Date”).
8. For the avoidance of doubt a computer and internet access is required to enter this Contest. It is the responsibility of the Entrant to ensure permission is gained from the owner of the computer and the individual who pays for the internet service provider. No refund may be claimed for expenses related to the use of an internet connection for the purpose of participating in this Contest.
9. Entries will not be valid where they are made online using methods generated by a script, macro or the use of automated devices. Monster Energy reserves the right to verify the validity of entries and to exclude entries it believes have been made using any automated entry techniques.
10. Entrants may enter by:
10.1. acting in accordance with these Terms;
10.2. purchasing any one (1) 500ml can of Monster Energy product (“Monster Product”) from the Retailer and obtaining a till receipt on purchase (“Receipt”);
10.3. entering on the Website
10.3.1. their details as directed by the Website (being. full name, address, date of birth, email and telephone number) and
10.3.2. describing in no more than thirty words “why do you deserve to win a YZF-R125 Yamaha® motorcycle?” (“Answer”).
11. This Contest is a purchase necessary and proof of purchase is required for entry into this Contest, which includes a copy of the Receipt. No other amounts will be charged for entering this Contest other than the acquisition price of a Monster Product, which will not suffer any increase in price due to this Contest.
12. Entrants are limited to one (1) entry per Receipt and each Entrant shall not submit or attempt to submit more than one (1) entry per Receipt. Monster Energy reserves the right to refuse entry of any individual to the Contest who submits or attempts to submit more than one (1) entry per Receipt.
13. Each Entrant that validly submits their entry as set out in paragraph 10 (together “Qualifying Entries” or each a “Qualifying Entrant”) will be entered into the Selection Process (defined below).
14. A panel consisting of three (3) Monster Energy representatives (the “Panel”) shall vote from all Qualifying Entries within five (5) days after the Closing Date (“Selection Process”) to determine the following winners (together the “Winners” and each a “Winner”):
14.1. one (1) official winner (“Main Winner”) whose Answer is the most original Answer in terms of: a) original idea, composition, written skill and style; and b) understanding of the Monster Energy® brand, and Yamaha® motorcycles (“Selection Criteria”); and
14.2. forty (40) official runners up (collectively referred to as “Runners Up” and each a “Runner Up”) whose Answers are second runner up to the Main Winner according to the Selection Criteria.
15. The Main Winner shall win one (1) 125cc YZF-R125 Yamaha® motorcycle (“Main Prize”), worth the approximate value of five hundred and sixty-three, eight hundred and sixty-nine and 00/100 Serbian Dinar (563,869.00 RSD).
16. Each Runner Up shall win either one (1) VR46® and Monster Energy® co-branded t-shirt of the exact size and design to be determined by Monster Energy in its complete discretion, subject to availability, worth an estimated retail value of two thousand one hundred and seventy-three and 00/100 Serbian Dinar (2,173.00 RSD) or one (1) VR46® and Monster Energy® co-branded adjustable cap of the exact size and design to be determined by Monster Energy in its complete discretion, subject to availability, worth an estimated retail value of one thousand seven hundred and sixty-one and 00/100 Serbian Dinar (1,761.00 RSD) (each a “Runner Up Prize”). The specific Runner Up Prize shall be allocated to the Runners Up at random.
17. The Main Prize and Runner Up Prize shall collectively be referred to as the Prizes and each a Prize.
18. Only the Winners may enjoy the benefits of their Prize.
19. Before being declared the Main Winner, the potential winner will be required to sign a written confirmation of eligibility and waiver of liability before the Main Prize can be released to the Main Winner. Copies of the applicable confirmation and waiver can be obtained upon request to [email protected]
20. Before being declared a Winner, each potential winner will be required to prove they satisfy the entry criteria set out in these Terms, including, without limitation, proof of age, residence and identity, which may include but is not limited to proof of residence and citizenship, passport or similar government issued identification before receiving their Prize. Failure to provide Monster Energy with this information within the reasonable timeframe set by Monster Energy may result in the potential winner forfeiting their Prize and the Panel selecting another qualifying entry according to the Selection Criteria as soon as reasonably possible thereafter.
21. For the avoidance of doubt, all other costs associated with the Main Prize, including without limitation, vehicle registration tax, safety equipment, driving license, relevant insurance and anything related to the Main Prize not specifically included and outlined in the definition of the Main Prize above will be borne solely by the Main Winner. It is the responsibility of the Main Winner to provide any required documentation, tax and fees, insurance, passport and any other legal requirements for the Main Prize and/or documentation required by law and/or Monster Energy. The Main Winner hereby agrees to sign and comply with any terms and conditions provided by the relevant service providers for the services set out in paragraph 15.
Notification and Prize Delivery
22. The Winners will be notified by email via the email address provided to enter the Contest within seven (7) days of the Selection Process (“Notification”).
23. Unsuccessful Entrants will not be notified.
24. Before being declared a Winner and receiving their Prize the potential Winners will be required to prove purchase by sending a copy of their Receipt to Monster Energy SER doo Beograd-Vracar (Serbia), 19/2 no. Njegoseva street, Belgrade, Serbia (“Proof of Purchase”). The Proof of Purchase must be received by Monster Energy at their address within ten (10) days of their Notification. Failure to provide Monster Energy with Proof of Purchase within this timeframe set by Monster Energy will result in the potential winner forfeiting their Prize and the Panel selecting another qualifying entry according to the Selection Criteria as soon as reasonably possible thereafter.
25. The delivery details of the Prize shall be provided to the Winners at Notification.
26. In the event that Monster Energy cannot contact a potential winner within five (5) days of the Notification or a potential winner is unavailable to retrieve their Prize for any reason whatsoever, such entry will be deemed null and void and Monster Energy shall select another qualifying entry as soon as reasonably possible thereafter.
27. No entry shall be able to provide alternative contact information to that provided to enter the Contest for any reason.
28. All entries are deemed to have been received at the time of entry into the Monster Energy’s database and not at the time when the entry is sent to the Website by the Entrant.
29. If there is any dispute as to the identity of the Winner(s), the decision of Monster Energy shall be final.
30. Submitting the online entry form or any other form of evidence of submitting the online entry form is not proof that your entry has been received. Monster Energy accepts no responsibility for entries that are incorrectly completed, lost, delayed or which are not received for any reason.
31. The Prizes are as described and are not transferable, not exchangeable and no cash alternative will be offered in the event that a potential winner is unable to claim the Prize for any reason whatsoever. Notwithstanding the foregoing, in the event of unforeseen circumstances or Monster Energy being unable to deliver the Prize due to the COVID-19 pandemic or for any other reason, Monster Energy reserves the right to replace the entire Prize or prize components with prizes of equal or greater value.
32. Monster Energy shall procure that the Main Winner agrees to participate in reasonable publicity resulting from the Contest if requested to do so by Monster Energy and the Main Winner consents to Monster Energy using their personal data: name, photograph and audio and/or visual recordings of them in any publicity relating to the Contest.
33. To the fullest extent permissible by law, neither Monster Energy nor any of their affiliate companies, employees, directors, agents, assigns or sub-contractors accepts any responsibility or liability for any damage, loss, injury or disappointment suffered by any Entrant accessing the Website, entering the Contest competition or as a result of accepting any Prize. Proof of sending is not accepted as proof of receipt. Monster Energy are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the internet, telephone lines or at any website, or any delay or failure of any postal or equivalent delivery service, or any combination thereof, including any injury or damage to the Entrant´s or any other person´s computer or mobile telephone related to or resulting from participation in the Contest. Nothing shall exclude Monster Energy’s liability for fraudulent misrepresentation, death or personal injury as a result of such entity’s negligence or any other liability that cannot be excluded or restricted by law.
34. Events may occur that render the Contest itself or the awarding of any Prize impossible due to reasons beyond the control of Monster Energy and accordingly Monster Energy may, at its absolute discretion, vary or amend the Contest and the Entrant agrees that no liability shall attach to Monster Energy as a result thereof.
35. Monster Energy reserves the right to:(a) change the format of the Contest and/or delay or postpone the Contest or any stage(s), in whole or in part due to reasons beyond its reasonable control, without liability to the entrant; and/or (b) refuse entry of any individual to the Contest or future promotions organised by Monster Energy: (i) where Monster Energy reasonably believes that the Prize has been transferred to a third party in whole or in part; (ii) where an Entrant has been disqualified from any Monster Energy competition or promotion in the twelve (12) months prior to the Commencement Date; (iii) where Monster Energy reasonably believe such individual has not complied with these Terms; and/or (iv) where such individual is ineligible to participate in the Contest (or if participation in the Contest should have been refused for any reason whatsoever).
36. Save as expressly set out in these Terms, Monster Energy has no liability for any costs or expenses that may be incurred by any Entrant. The Winner(s) will be liable for any tax chargeable in relation to the Prizes.
37. It is advised that all Entrants retain a copy of these terms and conditions for future reference.
38. The Contest and these Terms are governed by the laws of England and Wales. In the case of any disputes (contractual or non-contractual) arising under or in connection with the Contest or these Terms, the parties shall mutually seek an amicable solution via out-of-court negotiations. If such negotiations fail, disputes are subject to the non-exclusive jurisdiction of the Courts of England and Wales.
39.1. Personal Data of all Entrants (full name, address, date of birth, email and telephone number) will be collected, processed and used by Monster Energy. Monster Energy collects and processes Personal Data of all Entrants for organization of Contest which will include:
39.1.1. to respond to your inquiries and fulfill your requests; and
39.1.2. to inform you changes to the Terms of Contest
39.2. Personal Data of each Runner Up (full name, address, date of birth, email, telephone number citizenship and award contest answer), will be collected, processed and used by Monster Energy for the needs of organization of this Contest, rewarding of winners, and publicity relating to the Contest.
39.3. Personal Data of Main Winner (full name, address, date of birth, email, telephone number, citizenship, award contest answer, picture (either in its original or an edited form), voice and any quote or comment. will collected, processed and used by Monster Energy for the needs of organization of this Contest, rewarding of winners, and publicity relating to the Contest.
39.4. Furthermore, Monster Energy will transfer Personal Data of the Winners from the Republic of Serbia to the data processing company Monster Energy Europe Limited of Unit 51 Metropolitan Park, Bristol Road, Greenford, Middlesex UB6 8UP, UK (“Data Processor”) for the needs of organization of this Contest, rewarding of Winners and publicity relating to the Contest.
39.5. Monster Energy, as well as Data Processor, will undertake all technical, human resources and organization measured to protect the Personal Data.
39.6. Pursuant to the Law, you are entitled to request the notification, access and/or copy of the information which refers to you and all the rights arising from accessing (correction, updating etc.), as well as the right to revoke the consent for processing at any time by sending written request to the address of Monster Energy or to email: [email protected], and in that case have your personal information deleted. After submission of the request for revocation you lose the right to further participation in the Contest, if it is still ongoing; as well as to exercise your right in the case of unauthorized processing pursuant to legal regulations of the Republic of Serbia.
Belgrade, xx May, 2021.
Monster Energy SER doo Beograd