Terms and conditions

General conditions of participation - "HEAD Talent Trophy"

  1. Description "Next Novak. The HEAD Talent Trophy"

    1. "Next Novak. The HEAD Talent Trophy" is a talent competition for children organised by HEAD Sport GmbH, Wuhrkopfweg 1, 6921 Kennelbach, Austria ("HEAD").

    2. This talent competition ("competition") for children is a public competition. HEAD will also report publicly about the competition.

  2. Participation

    1. In principle, any parent or legal guardian of a child ("participating child"), who plays tennis and who was born between 01/01/2002 and 31/12/2008, can register for the competition.

      Registration by the parent or guardian of the child ("applicant") can be accomplished as follows:

      1. On the website, next-novak.head.com, the application form must be completed in full, with the applicant providing their own details and those of the participating child

      2. In their own words using no more than 200 characters, they should describe why the participating child is the next "Novak" ("letter of application")

      3. Upload a video of no more than 2 minutes in duration showing the participating child and their tennis talent. The following elements should be visible: serve, forehand, backhand, attacking shot, forehand volley, backhand volley, smash, footwork and general coordination; the video must be in MOV, MPEG4, AVI, WMV or WebM format and may not exceed 100 MB.

        Whether the participating child uses HEAD products or not will NOT be taken into account when choosing a winner!

        The application documents mentioned under Point II, 1 a), b) and c) will hereafter be referred to as the "application".

    2. The following people are excluded from participation in the competition:

      1. The participating child may not have an exclusive sponsorship contract with another tennis outfitter or a sponsorship contract with HEAD

      2. HEAD employees and their families, and the employees and families of partners of HEAD, who are involved with the design, organisation and implementation of this competition, are excluded from participation in the competition

    3. Only one application may be submitted per participating child. HEAD does not accept any liability for errors in the submission and transmission of applications. HEAD does not accept any responsibility for applications that are lost, arrive late, are illegible, incomplete, damaged, or invalid in any other way.

    4. The applicant should upload the application documents for the participating child onto the website according to the specifications. Incomplete submissions or submissions that do not comply with the specified format or the conditions of participation and all those that arrive after midnight on 18/09/2016 (time of receipt) will not be considered.

    5. The decisions of HEAD are binding in all aspects of the competition. In the case of non-participation (including for reasons of illness of the participating child), there is no entitlement to compensation for any costs arising (e.g. travel expenses) or entitlement to payment of a cash prize. Responsibility for cancellation of the competition as a result of force majeure or due to an official decree for security, legal or other reasons is not attributable to HEAD.

    6. HEAD reserves the right to reject any application at its discretion that contains obscene, offensive, unlawful or inappropriate content, may infringe the rights of a third party or is not in line with the sporting spirit of the event and its conditions of participation.

  3. Competition process and selection of winners

    1. The competition begins on Wednesday, 13/07/2016. All (complete) applications for participation must be submitted by midnight on 18/09/2016 (time of receipt) at the latest.

    2. Choosing the winners

      Once the application phase has closed, a panel of HEAD jury members will assess all submitted and complete applications and choose the 17 applications ("winners") that achieve the best outcomes based on the following criteria (assessment criteria):

      • Athletic ability of the child (20%)

      • Technical ability (20%)

      • Potential and development prospects of the child (20%)

      • Personality, temperament and determination of the child (15%)

      • Skill level compared to children of the same age (20%)

      • National ranking (5%)

      In the unlikely event of a tie, the jury will choose as the winner the child that shows the highest level of athletic talent. HEAD reserves the right at its sole discretion to choose fewer than 17 winners if the number or quality of the applicants does not reach a satisfactory level. HEAD will not publish the individual assessments.

    3. The 17 chosen winners shall:

      1. Receive a head-to-toe tennis outfit worth 1,675 USD

      2. Automatically become part of the HEAD team for one year

      3. Be invited to a three-day tennis training camp at a HEAD partner tennis academy

        The decision about which tennis academy and on which date the winners will visit is at the discretion of HEAD (and depends on factors such as where the winners live). However, all efforts will be made to select a travel date that suits the wishes of the winners.

    4. HEAD pledges to cover the following expenses:

      1. Return flight to the three-day training camp at the tennis academy and the costs of a two-day stay for an appropriately priced accommodation category for the winner, who was selected to take part in the camp, and for one parent of each winner

      2. Costs of the tennis training and three meals a day

        All flights and accommodation will be selected and organised by HEAD. Any flight cancellations or delays, or the loss of travel documents will not be reimbursed by HEAD.

        All additional costs that are not listed here, such as individual travel to the airport, taxes, fees or other personal expenses must be covered by the winners themselves.

        The winners may not transfer their prize or send anyone else in their place. The total value of the prize amounts to around 4,175 USD. The winners are not entitled to claim the prize in cash.

    5. HEAD will not publish any information about participation in the competition, the financing or the rankings. Only the names of the winners, possibly their letter of application and the video will be published. The decision of HEAD is final.

      In the case of any breach of legal regulations or common decency, or if the conditions of participation are infringed, the applicant and the participating child may be excluded from the competition with immediate effect. This also applies in the event that unauthorised aids are used or attempted, the chances of winning are increased through manipulation or any other unfair advantages are sought. If a prize is won through dishonest means, this can be subsequently reclaimed. In this case, HEAD reserves the right to claim damages. The jury's decision is final.

  4. Reimbursement of expenses and prizes

    1. Participation in the competition is free for the applicant and the participating child, with the exception of those expenses and costs that are not covered by HEAD (see Point III.4) and of those costs that are necessary in order to apply for the competition (internet connection costs,

      costs for creating the application video, any costs for medical certificates etc.).

    2. It is the responsibility of the parent or guardian of the participating child to find information about and to clarify to what extent a possible win is compatible with a sports bursary or admission to a college, university or other institution and what effect it might have on the amateur status of the participating child. HEAD does not accept any liability in this respect.

  5. Intellectual property rights

    1. Granting of rights of use

      1. The applicant and the participating child (to the extent that he or she can claim legal rights) grant HEAD the exclusive right, unlimited in terms of location and content for all states worldwide for the duration of the legal protection period, to use in full the application videos and photos and the letter of application of the participating child. This granting of rights is irreversible

      2. This exclusive, irreversible right of use covers in particular the right to copy the application films and photos in analogue and/or digital form and to copy, distribute, show, make publicly accessible and otherwise transmit them, to make them publicly available via data media and enable public reproduction through technical facilities

      3. The exclusive, irreversible usage rights include in particular the open- ended and unrestricted right with regard to space and content to use the application films and photos in physical and virtual form, both digital and analogue, and in particular in print media, television and media services, on the Internet (in particular also on social networks such as Facebook, Twitter, Instagram), in film, radio, video, in and out databases, telecommunication, mobile phone, broadband and data networks and on data carriers, regardless of the transmission, carrier or server technology. The usage rights extend in particular to the permission to copy, distribute, rent, loan, archive, process, send, translate, make publicly accessible, use in electronic press reviews, radio broadcasts and films, regardless of the purposes of use (including advertising and commercial use etc.)

    2. Changes and adaptations

      1. The exclusive usage rights include the right to use the application films and photos and letters of application in a modified and adapted form while maintaining the original spirit of the works

      2. This does not affect the misrepresentation protection in accordance with §14 of the Copyright Act

    3. Further transfer and licencing

      HEAD has the right to transfer the exclusive usage rights to third parties in their entirety or to grant third parties exclusive or simple usage rights.

    4. Right of disposal

      The applicant and the participating child declare that they are authorised to dispose of the copyright-protected usage rights and that these rights have not already been granted to any other person.

    5. Third-party rights

      The applicant and the participating child undertake not to infringe on the rights of any third parties, in particular, any copyrights, personal rights, naming rights, rights regarding their own image or any other intellectual property rights.

      In the application, they may not use the works of third parties without permission, in particular, no music, drawings, brands or other image material.

      If other third persons are recognisable in the application video, the applicant must have acquired their permission to be filmed in advance; in the case of underage children this permission must be granted by their parents.

  6. Image rights

    The applicant agrees that any photos and film footage taken within the scope of the child's participation in the competition, in particular, for the purposes of conducting the competition and the press and publicity work of HEAD and the organisers of the competition, may be processed and used. These photos and film footage may also be published online (e.g. Internet, email), offline (e.g. print, video) and in other media (e.g. television) for the purposes of advertising, communication and to document the competition.

  7. Data protection

    1. In accordance with the Data Protection Act, HEAD hereby provides notice that the personal details of the applicant and the participating child will be collected. Personal details in this instance are name, date of birth, address, phone number and email address of the applicant and, where necessary, the participating child. This data will be collected, processed and used by HEAD in order to organise the competition. The data may be published online (Internet, email) and offline (e.g. print products) and in other media for the purposes of communication, press and publicity work, documentation and organisation of the competition (e.g. lists of results and timetables for the participating child). The data will only be transmitted to official partners; these are the supporters and organisers of the competition and the sponsors and media partners of the competition.

    2. Consent must be given in accordance with data protection laws in order to participate in the competition.

  8. Liability

    1. HEAD does not assume any liability for technical disruptions within the scope of participation in the competition and its implementation.

    2. HEAD does not accept liability for damages that participating children or winners of the competition may suffer when using the tennis facilities, provided that there is no negligence involved; this applies in particular to the violation of road safety obligations.

    3. Furthermore, HEAD does not accept liability for physical injuries suffered by the participating children as part of the competition, unless these can be directly attributed to the fault of HEAD, its legal representatives or agents.

    4. If HEAD makes any changes to the implementation of the event or has to cancel said event for material reasons, HEAD shall not be liable for compensation claims with respect to the applicant or the participating child for needless expenses of any kind (previous tennis training, acquisition of new rackets, travel expenses, application costs etc.).

    5. The participants undertake to make no legal claims or demands on HEAD, its legal representatives or agents that go beyond claims from legally required liability insurance.

  9. Guarantee of legal representatives

    The legal representatives of the participating child hereby declare that the participating child is healthy and at a sufficient level of training for the competition. They also declare that the participating child has adequate sport or health insurance.

  10. Place of jurisdiction and applicable law

    1. These general conditions of participation and business terms and conditions are exclusively subject to the laws of the Republic of Austria, provided this does not contravene any compulsory legislation.

    2. Any legal issues that arise in connection with the performance of and participation in this competition will exclusively be dealt with by the relevant courts in the place of jurisdiction of the HEAD headquarters.

    3. If any clauses of these conditions of participation should prove wholly or partially invalid, the validity of the remaining clauses will not be affected.