Ski Challenge – General Terms and Conditions (GTC)
Ski Challenge is a virtual 3D simulation for iOS and Android that enables offline and online ski racing. Ski Challenge offers several competition modes.
I PARTICIPATION AND COMPETITION
1. In order to be able to participate in Ski Challenge competitions and all related activities registration for the competition modes is required by means of a valid email address, and truthful, accurate and complete provision of personal data. Users are responsible for the accuracy and completeness of the data provided.
2. Employees of Ski Challenge GmbH and people involved in the development of Ski Challenge as well as their relatives are excluded from participating in competitions.
3. Any use for commercial purposes (including self-promotion), including but not limited to sublicensing, resale and/or rental shall be prohibited.
4. At regularly scheduled times (“season”) the times of all users registered for the Ski Challenge will be entered into ranking lists. Registered users may participate in several competitions at the same time. If two users set the same time in a competition, the winner shall be the participant whose best time was entered into the ranking list first.
6. When participating in the Ski Challenge, also non-personal usage data (e.g. hardware information, game statistics, ad impressions) which is not actively provided by the participant will be processed and stored permanently to prevent any disruptions or abuse, and to facilitate adaptation and enhancement of the Ski Challenge. In the event of abuse we reserve the right to forward such data to the prosecution authorities. Any further use or disclosure of such usage data will only take place on the basis of an express declaration of consent by the participant.
7. The implementation of the competitions and the selection of the prizes are the responsibility of Ski Challenge GmbH and/or its cooperation partners. The terms of delivery for delivery of the prizes shall be determined by Ski Challenge GmbH and its partners. Delivery shall be effected at the cost of Ski Challenge GmbH. Ski Challenge GmbH shall be entitled to transmit the data of the winners to its cooperation partners to enable delivery of the prizes.
8. The winners of the Ski Challenge will be notified by Ski Challenge GmbH by email.
If a winner does not respond within two weeks of the date the notification was sent, the right to the prize shall be forfeited and a new winner will be determined, or the prize will be donated to charity at the choice of Ski Challenge GmbH.
9. Ski Challenge GmbH reserves the right to change and/or revoke prizes or positions in the ranking lists if they were achieved by entering wrong personal data or multiple registration of a person under different user names, or attempts to influence the outcome of games by interference with the program, disruptions or other means which are against the rules or by influencing the course of the game by deliberately caused malfunctions or disruptions. In addition, Ski Challenge GmbH reserves the right to exclude users from the ranking list whose user names are racist, sexually offensive or otherwise discriminating. Ski Challenge GmbH also reserves the right to change and/or revoke prizes or positions in ranking lists if the results of a game were achieved by a user because of a breach of a rule, even if such breach is technically possible without any special knowledge, skills or technical requirements of the user. Such changes and/or revocations may also affect other users’ winnings and positions in the ranking lists.
10. Furthermore, Ski Challenge GmbH reserves the right to offer only one prize per person and season. Redemption in cash or exchange of the prizes is not possible. Any recourse to the courts of law is excluded. We shall not be liable for defects in title and/or quality of the prizes.
11. Any liability of Ski Challenge GmbH for any damage whatsoever, including but not limited to damage caused by errors, delays or interruptions in data transfer; failures of technical systems and the service; inaccurate contents; loss or deletion of data; viruses; or otherwise when participating in the competitions, shall be excluded. In the case of disruptions during a ski race, irrespective of the game mode, no claims may be asserted vis-à-vis Ski Challenge GmbH.
12. Ski Challenge GmbH shall be entitled to publish on the internet images and videos of user’s races (or parts thereof) and the result, and to report thereon in any manner whatsoever in the various media channels of the list of actual data recipients, including the name of the user. The user expressly consents to such coverage and hereby grants the list of actual data recipients all exclusive rights of use required for such coverage for no consideration and irrevocably, which rights shall not be limited as to the merits, time or place.
13. There is no legal claim to competitions or prize draws being offered.
II VIRTUAL CURRENCY/ GOODS
1. Ski Challenge GmbH offers users an opportunity to buy and use virtual goods and/or virtual currencies in the Ski Challenge.
2. Users of the Ski Challenge may buy virtual currencies against payment of a charge via the app. By acquiring virtual goods or currencies users are merely granted the right to use the same in the course of and in compliance with the game; any additional acquisition of whatever rights (e.g. title) to the goods or currencies acquired shall be excluded. The object of the purchase shall exclusively be a licence, which shall be limited in terms of time, contents and place, to use such goods or currencies in the course of and in compliance with the relevant game.
3. Irrespective of the terminology used on websites relating to the Ski Challenge or in the Ski Challenge app, by purchasing virtual goods or currencies users exclusively acquire a licence to use such virtual goods or currencies in the course of and in compliance with the Ski Challenge app in accordance with these GTC, which licence shall be limited in terms of time, contents and place. Any refund, redemption or compensation in the form of real money is excluded. In the case of a breach of these GTC Ski Challenge GmbH shall be entitled to withdraw any or all licences granted for use of virtual goods or currencies and to declare them to be forfeited. In the case of termination of the contractual relationship for any reason whatsoever all licences granted for use of virtual goods or currencies shall terminate. Any virtual goods/currencies still available at the time of termination shall become forfeited. There shall be no claim to compensation. Any damages for loss of acquired virtual goods/currencies due to technical modifications of the terminal equipment or loss of stored contents that are carried out after the purchase and lead to deletion of data on the storage medium chosen by the user shall be excluded.
4. The range of virtual goods/currencies offered can be seen from the Ski Challenge app. Ski Challenge GmbH reserves the right to continuously change, reduce and/or expand its range of virtual goods/currencies as well as to adjust the prices for virtual goods/currencies at any time and with no obligation to state reasons. Furthermore, Ski Challenge GmbH has the right to stop offering virtual goods/currencies and to stop providing them for no consideration or for consideration at its discretion. When exercising this right Ski Challenge GmbH shall have no obligations vis-à-vis users. Users have no claim to compensation if the goods/currencies used by them are no longer offered or are offered on different terms and conditions. This shall apply to goods/currencies offered both temporarily and not temporarily. In addition, Ski Challenge GmbH has the right to cancel or change the user account and the related history and/or virtual goods/currencies at any time with no obligation to state reasons. In such a case users may terminate the contract with immediate effect. Any other user claims shall be excluded.
5. Payment of virtual goods/currencies shall be effected via the Ski Challenge app through the store provider. Minors shall ensure that their legal representative agrees and that they possess sufficient funds to pay for the virtual goods/currencies.
6. Ski Challenge GmbH reserves the right to refuse to assign virtual goods/currencies at its discretion or to limit the number of goods/currencies or the total amount. In the case of suspected fraud, violations of laws or breaches of these GTC Ski Challenge GmbH shall be entitled to freeze acquisition processes and the related payment transactions until the situation has been clarified. In addition, the provisions of Clause I shall apply.
7. The Ski Challenge app has an integrated level system. When users reach certain levels, they will be given virtual coins and items for free.
Users have no claims to be given or refunded such virtual goods.
III LICENCE AGREEMENT
1. This licence agreement (“Licence Agreement”) shall be concluded upon the installation, reproduction or use of the software between you (as a natural and/or legal person, hereinafter also referred to as the “Licensee”) and Ski Challenge GmbH with regard to the Ski Challenge software product.
2. The Licensee shall use the software exclusively for his/her personal use. Any use for commercial purposes (including self-promotion), including but not limited to sublicensing, resale and/or rental shall be prohibited.
IV. OTHER PROVISIONS
1. The current version of the General Terms and Conditions can be found in the main menu after registration) (Please click first on the “Settings” button and then on the “Credits” button).
Users agree to keep themselves informed about the current status of the GTC. As soon as a new version of the GTC has been published, the user must accept the new version. If they object to the new version, the app must be uninstalled.
2. Ski Challenge GmbH uses push notifications to communicate with users. Ski Challenge GmbH reserves the right to make certain game features available at certain times and to certain users only.
3. Any and all notifications, statements and declarations concerning this contractual relationship shall be valid only if they are announced in the app.
4. By using the app each user acknowledges the exclusive (intellectual) property rights of Ski Challenge GmbH to these GTC.
5. Even if specific provisions or terms or conditions of the contract are legally ineffective, the remaining provisions shall remain effective.