Conditions of participation and data protection notice for the big FOCUSWATER competition 2024

Entrants can win instant prizes, monthly prizes and a main prize. The main prize is a Mercedes-Benz V-Class Marco Polo worth CHF 95,000. The main prize will be awarded at the end of the promotion to the participant who wins the random draw. In the event of fraud, there is no entitlement to the prize.

On entering the prize draw, the following terms and conditions of entry are expressly accepted:

Organiser: Rivella AG, Neue Industriestrasse 10, 4852 Rothrist, Switzerland

Period and closing date: 8 April 2024 up to and including 30 August 2024

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  for the monthly prize in April: 8 April 2024 up to and including 30 April 2024.

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  for the monthly prize in May: 1 May 2024 up to and including 31 May 2024.

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  for the monthly prize in June: 1 June 2024 up to and including 30 June 2024.

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  for the monthly prize in July: 1 July 2024 up to and including 31 July 2024.

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  for the monthly prize in August: 1 August 2024 up to and including 31 August 2024

Individuals who are at least 18 years old at the time of entry and have a valid home address in Switzerland are eligible to enter. Employees of Rivella AG, participating agencies and all promotion partners, as well as their family members living in the same household, are excluded from entry.

Entry is linked to a purchase. Full and accurate disclosure of all details marked as mandatory is required to enter, as well as consent to the data processing operations indicated in the privacy information. Registration for the Rivella AG newsletter is required to enter the main prize draw. Details on the processing of personal data are given in Section 5.

The following technical prerequisites are required to enter: up-to-date internet browser for accessing the internet, i.e.: Mobile: iOS 11+ (Safari, Chrome or Firefox), Android 9+ (Chrome, Firefox 10+); Desktop: OSX+ (Safari, Chrome, Firefox) Windows 10+. (EDGE 20+, Firefox, Chrome).

Entrants can win instant prizes, monthly prizes and a main prize. The main prize is a Mercedes-Benz V-Class Marco Polo worth CHF 95,000. The main prize will be awarded at the end of the promotion to the participant who wins the random draw. In the event of fraud, there is no entitlement to the prize.

We’re giving away the following monthly prizes:

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  April: 2 VIP tickets for the bike event WHOOP UCI Mountain Bike World Series in Crans Montana incl. overnight stay in a 4-star hotel in the area.
  
  

• May: 2 nights at the 4 Spöorthotel Maran in Arosa incl. Arosa Card

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  June: 2 nights in a hotel in Dents du Midi incl. 2 mountain bike passes for 2 days

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  July: 3x2 After Flow wellness packages at the FORTYSEVEN wellness spas

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  August: Yoga package for 2 people incl. yoga course, brunch and 2 overnight stays

The winner of the monthly prize is the person who is drawn at random at the end of the month. The higher someone’s score, the higher their chances of winning the prize. The person who has the highest score in that month and has registered for the main prize draw and the Rivella AG newsletter. The prize draw is held in the first week of the following month. Winners will be notified via the contact details provided. We are giving away one monthly prize per month.

The main prize and the monthly prizes are personal to the prize winner and cannot be transferred to third parties. If delivery of the prize notification or the prizes fails and the winner fails to remedy the issue within a reasonable period of time, despite a request to do so (in particular, by providing a valid address), Rivella AG may hold a new draw for the prize in question or allow the prize to expire. The duration of the period in question is one month from the date of contact by the Rivella Group.

We will give away the following two instant prizes:

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  Points increase: an additional 15 points will be credited to the participant’s account.

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  Discount code for the FOCUSWATER online shop, offering between 10% and 20% discount.

The instant prizes are given away to entrants at random. Notification of whether an instant prize has been won or not will take place immediately following entry, either via display on the website or by email.

The operators of social media platforms (in particular, Facebook, Instagram, YouTube, Pinterest, Twitter, LinkedIn, etc.) have no economic or legal connection to the prize draw, even if the prize draw is advertised and communicated through these platforms and certain activities related to the prize draw take place on these platforms. The prize draw is organised exclusively by Rivella AG. On entering the prize draw, the entrants release the operators of the social media platforms from all liability and responsibility in connection with the prize draw.

Rivella AG shall take decisions regarding the execution of the prize draw solely and conclusively; there is no entitlement to explanation. The judges’ decision is final and no prizes shall be paid out in cash. No correspondence shall be entered into about the competition, except with the winner.

Rivella AG reserves the right to exclude entrants from the prize draw or to revoke or reclaim prizes that were previously announced if there is a suspicion of abuse and/or violation of these terms and conditions of entry or if there are other significant grounds to do so. This includes, in particular, the exclusion of entrants with pseudonyms or suspected false identities.

Rivella AG is entitled to make adjustments to the prize draw at any time, in particular in the event of force majeure, closure/shutdown of websites/applications, manipulation or misuse by third parties/entrants, failure of technology or other significant grounds. This shall include, in particular, the suspension, cancellation or early termination of the prize draw or the reduction of the time period and the closing date for entry.

These terms and conditions of entry are subject to change by Rivella AG at any time.

Any liability and responsibility of Rivella AG and its bodies, employees and vicarious agents arising from or in connection with the prize draw, regardless of legal basis, is excluded, insofar as is legally permissible. In particular, Rivella AG accepts no liability for data loss, in particular in the event of data transmission and other technical defects.

The legal relations between Rivella AG and the entrants are governed by Swiss substantive law to the exclusion of the conflict-of-law provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). The ordinary courts at the headquarters of Rivella AG shall have sole jurisdiction over all disputes arising from or in connection with the competition. This does not affect mandatory regulations and jurisdictions.

Rivella AG, as the data controller, collects the following data when an entry is made to the prize draw, whereby mandatory details are marked with an asterisk (*) on the relevant form:

for the instant prize draw: email address, first name, surname

for the monthly and main prize draws, in addition: title, first name, surname, date of birth, telephone number, street and house number, postcode, town/city.

This data, together with information on the time of entry and the prize draw (in particular name and time period), shall be collected in a central database and used for the execution of the prize draw, namely to verify the identity of the entrants and to enter into contact with them in the context of the prize draw, specifically to inform them of the winning of a prize and to transfer prizes.

Registration for Rivella AG’s email newsletter and consent to the associated processing of the aforementioned data is required to participate in the main draw. In order to prevent misuse and to ensure that the owner of an email address has actually given their consent, a ‘double opt-in’ process is used for registration. After the registration has been requested, an email containing a confirmation link shall be sent to the address specified. The link must be clicked to sign up to the newsletter definitively. If the confirmation link is not activated within the specified period, the data will be deleted. The newsletter will not be delivered to this address and no entry will be made into the main draw.

The consent granted includes the processing of the data specified above in order to receive news about products and services from Rivella AG. This may include invitations to participate in prize draws or to review any of the above products and services. Collecting the title and the name makes it possible to verify the assignment of the registration to a customer account which may potentially already exist and to personalise the content of the emails. Linking to a customer account helps make the offers and content contained in the newsletter more relevant for recipients and better tailored to their potential needs.

The data will be used for sending emails until consent is withdrawn. Consent can be withdrawn at any time, in particular via the unsubscribe link in all marketing emails.

The marketing emails may also contain a web beacon, 1 x 1 pixel (tracking pixel) or similar technical aids. A web beacon is an invisible graphic that is linked to the user ID of the respective newsletter subscriber. For each marketing email sent, the sender receives information on which addresses have not yet received the email, to which addresses it has been sent, and for which addresses delivery failed. It also shows which addresses have opened the email for how long and which links they have clicked on. Finally, the sender also receives information on which addresses have unsubscribed. This data is used for statistical purposes and to optimise advertising emails in terms of frequency, timing, structure and content. This enables the information and offers in our emails to be better tailored to recipients’ individual interests.

The web beacon is deleted when the email is deleted. To prevent the use of the web beacon in marketing emails, the parameters of the email program can be set so that HTML is not displayed in messages, if this is not already the case by default. The help sections of the email software contain information on how to configure this setting, e.g. for Microsoft Outlook here. Upon newsletter sign-up, consent is also given to the statistical evaluation of user behaviour for the purpose of optimising and adapting the newsletter.

Other companies’ services are used to carry out Rivella AG’s data processing. To a certain extent, this also requires personal data to be transferred to these service providers. Transfers of this nature shall take place in particular if this is necessary for the execution of the prize draw, i.e. particularly to the hosting provider on whose server the websites in question are available. Third-party software solutions are also used to manage and store data centrally and to send the newsletter. In addition, data may be disclosed, in particular, to public authorities, legal advisors or debt collection companies, if there is a legal obligation to do so or if this is necessary to safeguard Rivella AG’s rights, in particular to enforce claims arising from the relationship with entrants to the prize draw. Data may also be passed on if another company intends to acquire Rivella AG or parts thereof, and such disclosure is necessary to perform due diligence or complete the transaction.

Rivella AG is additionally entitled to transfer personal data to third parties abroad, insofar as this is necessary to carry out the aforementioned data processing. Statutory provisions on the disclosure of personal data to third parties are complied with when making such transfers. Where the country concerned does not have an adequate level of data protection, contractual arrangements shall ensure that the data is adequately protected in these companies.

Further information on data protection at Rivella AG can be found at https://www.rivella-group.com/en/extras/data-protection and https://www.rivella-group.com/en/extras/footer-navigation-links/terms-of-use.

Queries can be sent by email to the following address: info.focuswater@rivella.ch.