Rules of the “Join Ducati” contest

Organiser

Company name: Ducati Motor Holding Spa

Registered office: Via Antonio Cavalieri Ducati, 3, Bologna - Italy

VAT no. and Tax Code: 05113870967

Legal Representative: Mr. Claudio Domenicali

Delegated subject

VIVAEVENTS Srl

Registered office: Via A. Canova, 16/20 – 40138 Bologna - Italy

VAT no. - Tax Code: 02757541202

Supervisor: Veronica Passini of VIVAEVENTS SRL

Name of the event

The prize contest is called “Join Ducati”. 

Duration of the event:

The contest will take place from Thursday 25 July 2019 at 2:00 p.m. to Monday 16 December 2019 at 12:00 noon.

Territorial scope:

International. Users from the following countries are excluded from participating in this contest: Macau, Nepal, New Caledonia, Pakistan, China, Taiwan, Korea, Thailand, India, Malaysia, Singapore, Indonesia, Philippines, Hong Kong, Vietnam, Cambodia, Myanmar, Japan, Brazil.

Purpose of the promotion:

The contest aims at promoting customer loyalty and enhancing the Ducati brand through an initiative aimed at updating data relating to Ducati Motor Holding S.p.A. customers. 

Prizes offered and their value:

The prizes up for grabs will be:

_ No. 1 Ducati motorcycle, Hypermotard 950 cc model with special livery replica of the Hypermotard 950 Concept presented at the Concorso d’Eleganza Villa d’Este 2019 (First Prize) - Estimated value of € 7,630.00, VAT excluded. Registration and roadside costs, as well as any customs duties, will be borne by the winner of the prize;

_ No. 3 Moto GP Experiences in Jerez de La Frontera (Spain) in 2020 (date to be defined according to the MotoGP 2020 calendar), for 2 adults (total of 6 Moto GP Experiences) with the following services included (Second Prize): 

· Paddock pass from Friday to Sunday, with race view from the viewing area

· Lunch at the Official Ducati Team Hospitality

· Garage tour: visit of the box accompanied by Ducati Corse staff

· Pass Service Road, to see the action directly from the edge of the track

· Pit wall pass, available only in 2 at a time, to see the qualification runs / race from the pit wall

· Meet and Greet with the riders

· No. 3 nights in hotel with breakfast 

· Transfer from hotel to the Circuit and back

The services Garage Tour, Pass Service Road, Pit wall pass, and Meet and Greet with riders are available only on a specific day and at a specific time.

Dinners, personal expenses and anything else not expressly indicated herein as an included service are excluded and are to be considered at the expense of the winners.

The identification of the hotel and the accommodation conditions will be at the sole discretion of the promoter.

If the beneficiary does not enjoy such a stay for any reason, even regardless of his or her will, it shall be deemed as renounced by him/her during the period indicated, without this conferring on him or her any right to compensation of any kind.

Estimated value of € 1,500.00 for each Moto GP Experience for 2 people, VAT excluded 

_ No. 15 1:8 scale replicas of the Ducati Hypermotard 950 Concept (Third Prize) – Estimated value of € 200.00 each, VAT excluded 

_ No. 10 All uses redline B2 backpacks by Ogio (Fourth Prize) – Estimated value of € 42.31 each, VAT excluded 

The total estimated value for the prizes is therefore of € 15,553.10.

The company undertakes from now on to purchase all the goods necessary to comply with the results of the prize event or to replace them with goods of equal value.

In the event that the prize is not used by the winners, they will not be entitled to the payment of any amount of money as prohibited by Article 4 of the Italian Presidential Decree. of 26 October 2001 no. 430. 

Onlus to which to donate unallocated or uncollected prizes

CASA DELLE DONNE PER NON SUBIRE VIOLENZA ONLUS – Tax Code: 92023590372

Via dell'Oro, 3, 40123 Bologna (BO) - Italy.

Recipients of the prizes and procedures

Participation in the contest is free of charge and open to all Ducati Motor Holding Spa customers who have reached the age of majority and have access to the Internet at the time of participation in the contest. The contest is open to those who have already registered on the online platform MyDucati at the start of the contest or who will register from that date until the end of the duration of the event (December 16, 2019 at 12:00 noon), who have also completed 100% of the questionnaire available on the platform (through the SurveyGizmo platform) and prove that they own one or more motorcycles branded Ducati by showing a copy of the registration document of the motorcycle(s) in their name, to be loaded on the platform above. Access to MyDucati platform is via a link that users will find on the website www.ducati.com or that will be communicated to them through the promotion channels of the contest (e.g. e-mail, telephone and text message).

Employees of Ducati Motor Holding Spa and the Ducati sales network, employees of VIVAEVENTS Srl and anyone who has a professional relation with the organisation of the contest in question are excluded from the contest.

Participation terms and conditions

All those who meet the above characteristics can participate in the contest and in the draw for all the prizes up for grabs. To participate in the contest, the user must be registered on the MyDucati online platform in accordance with the terms and conditions specified in the previous paragraph Recipients of the prizes and procedures, specifically by filling in the following mandatory fields:

_ Registration:

· Name

· Surname

· Password

· E-mail address

· Country

_ Completion of a questionnaire (on the SurveyGizmo platform) on the user's intention to purchase motorcycles, which includes the following questions: 

· Are you planning to buy a new bike?

· Imagine you wanted to buy a bike today, which one would you choose?

· What will be your new bike? Make - model - new/used

· (If not a Ducati): Why not a Ducati?

· This motorcycle:

1. will be my first motorcycle

2. will be my motorcycle after several years of not riding

3. will be another bike in addition to the bikes already owned by me

4. will replace a Ducati

5. will replace a motorcycle of another brand

· When are you going to buy it?

· How likely are you to recommend Ducati to a biker friend (on a scale from 0 to 10)? (where: 0-6 = I would not recommend it at all; 7-8 = neutral; 9-10 = l would definitely recommend it)

· Why this rating?

_ Sundry

· Loading of the registration document of the motorbike registered in your name (as proof of the current ownership of Ducati motorcycles).

· It is possible to load the registration document of several Ducati motorcycles, if in possession of the same. The chances of winning will increase as the documentation increases (e.g. a user in possession of 5 Ducati bikes and who will load 5 vehicle registration documents in his/her name, will be indicated in the names to be drawn 5 times, i.e. one for each motorbike on his/her name).

The draw is scheduled at the end of the contest, within 30 (calendar) days from the end of the contest, at the Chamber of Commerce of Bologna.

Draw and prize awarding

At the end of the contest, the promoter will prepare a digital file containing the names, marked by progressive numbers, of all users who have registered and completed the questionnaire through the online platform MyDucati and have uploaded the registration book(s) in their name to prove possession of the bike according to the procedures and timing specified in the paragraph Recipients of the prizes and procedures.

It should be noted that users who have uploaded to the platform more than one registration document in their name will be included in the digital file in number corresponding to the documents uploaded, each of which will be marked by a different sequential number (e.g. Mario Rossi who owns 5 Ducati bikes and loaded 5 registration documents to prove the possession of the motorcycle, will be present 5 times in the file with as many progressive numbers). 

The prize awarding will take place through 1 final draw (date to be defined within 30 working days from the end of the contest), in which the following will be identified by drawing lots (starting from the fourth prize):

· No. 10 winners who will be awarded the fourth prize (no. 10 All uses redline B2 backpacks by Ogio) after verification of compliance, under penalty of exclusion, with the required conditions of participation.

· No. 30 reserves to which the fourth prize will be awarded only in the event that the drawn winners are not in compliance with the required conditions of participation.

· No. 15 winners who will be awarded the third prize (no. 15 1:8 scale replicas of the Ducati Hypermotard 950 Concept bike) after verification of compliance, under penalty of exclusion, with the required conditions of participation.

· No. 45 reserves to which the third prize will be awarded only in the event that the drawn winners are not in compliance with the required conditions of participation.

· No. 3 winners who will be awarded the second prize (no. 3 Moto GP Experiences of Jerez de La Frontera (Spain) in 2020 for 2 people over 18 (total of 6 Moto GP Experiences) after verification of compliance, under penalty of exclusion, with the required conditions of participation.

· No. 9 reserves to which the second prize will be awarded only in the event that the drawn winners are not in compliance with the required conditions of participation.

· No. 1 winner who will be awarded the first prize (no. 1 Ducati motorcycle, Hypermotard 950 cc model with special livery (replica of the Hypermotard 950 Concept presented at the Concorso d’Eleganza Villa d’Este 2019) after checking compliance, under penalty of exclusion, with the required conditions of participation.

· No. 3 reserves to which the first prize will be awarded only in the event that the drawn winner is not in compliance with the required conditions of participation.

The draw will be carried out in the presence of a notary public or by the Head of Consumer Protection and Public Belief, on the basis of certain data and not questionable, i.e. among all registered users who meet the requirements of the conditions of participation. 

Vivaevents has been entrusted with the correct management of the participants' data. At the end of the contest, this company will receive from the promoter an Excel file with the data of the participants after a promoter check of the correctness and correspondence of the vehicle registration documents loaded by the users as proof of possession of the Ducati motorcycle. Vivaevents, as a result of the above verification of the promoter, will make the following changes to the Excel file above: duplication of the names of users who have uploaded more than one registration document, in the number corresponding to the amount of documents uploaded, in order to increase the chances of winning (as better specified in the paragraph Acceptance and delivery of prizes). Once the Excel file has been filled in according to the above procedures, the document will be made available to an official of the Bologna Chamber of Commerce who will draw lots for the names: boxes will be placed inside which tickets will be folded in the same way and numbered from 0 to 9. The number of boxes will be defined according to the total number of final participants (the first drawn number, for example, will correspond to the figure of thousands, the second to the hundreds and so on) to allow you to indicate a number corresponding to one of the users and thus identify each winner. Vivaevents assures that this analogue system will allow an absolutely random draw by the above mentioned Chamber official. In the presence of the notary or the Head of Consumer Protection and Public Belief or his/her delegate of the Bologna Chamber of Commerce, a number will be drawn which will correspond to the name of the list belonging to the drawn number, thus identifying the winner(s) of the prize contest to which the prizes will be assigned respectively in the manner indicated above. 

As indicated, each user will be present in the draw file as many times as the number of vehicle registration documents uploaded in his/her name.

The winner(s) will not receive the prize on the same day but will be contacted later by the promoter contact persons for the prize shipment.

Acceptance and prize delivery

The acceptance and prize delivery to the winners identified in the manner described in the previous paragraph will take place according to the following procedure:

1. the promoter will communicate the results of the draw on the website www.ducati.com within 15 working days of the draw. The promoter may also, at its sole discretion, communicate the results to the individual drawn winners by e-mail and/or telephone, to the e-mail address/telephone number provided when registering on the online platform MyDucati. The promoter, in the communication to the individual drawn winners, will indicate the need to receive from the winner, together with the confirmation of acceptance, also the name of any third party to whom he/she intends to assign the awarded prize, in the time and manner indicated in the next point;

2. each drawn winner must accept the awarded prize in writing by e-mail to the address contact_us@ducati.com by specifying in the subject “Join Ducati”, under penalty of forfeiture within the following timeframe: 

o 30 calendar days from the publication of the results on the channels mentioned in point 1 for the second prize (No. 3 Moto GP Experiences of Jerez de La Frontera, Spain, in 2020 for 2 people over 18 - total of 6 Moto GP Experiences)

o 60 calendar days after publication for all other prizes

o In the event of the winner's intention, as indicated in the previous point, to transfer his/her prize to third parties, the winner must communicate to the promoter, within the time limits indicated above, the name of the prize recipient, complete with name, surname, email address and telephone number, in order to allow the promoter to verify the relative confirmation of acceptance of the prize, in the same manner as for the initial winner.

3. The promoter will inform the involved parties of the prize delivery conditions within 30 working days of receipt of each e-mail of acceptance referred to in points 2 or 3. The communication will be made in writing by e-mail and/or telephone to the e-mail address/phone number provided by the involved parties when registering in the MyDucati online platform.

If the prize is not accepted following the communication of the promoter, whatever the case may be, within the timeframe referred to in paragraph 2, the winner will lose all rights and the unaccepted prize will be donated to the chosen non-profit organization (ONLUS). 

Prizes will be considered not accepted even if the promoter can not contact the winner through the contact details provided at the time of registration in the contest, resulting in loss of the right to the same and devolution of the prize to the chosen non-profit organization.

The winner is solely responsible for the management of his/her email address, with particular reference to:

- the acknowledgement of the possible e-mail sent by the promoter to communicate the win;

- the adoption of security measures to prevent other persons not authorised by them from having access to their mailbox.

The Promoting Company does not assume any responsibility for any impediment to the receipt of the e-mail containing the win communication (spam, black list, etc.).

The actual delivery will then be communicated by the promoter contact people directly to the respective winners as described above. With specific regard to the delivery of the first prize, the bike will be delivered through the dealer closest to the winner, with the exception of dealers in countries not included in the contest: Macau, Nepal, New Caledonia, Pakistan, China, Taiwan, Korea, Thailand, India, Malaysia, Singapore, Indonesia, Philippines, Hong Kong, Vietnam, Cambodia, Myanmar, Japan, Brazil. Registration and roadside costs, as well as any customs duties, will be borne by the winner.

Contest advertisement

The rules of the Contest can be found and viewed on the following website www.ducati.com . The contest will be promoted both through the above-mentioned channel and through other channels such as social channels, e-mail, telephone and SMS.

Personal data processing

Participants' data will be extracted from the Ducati CRM in a structured format for common use (xls) to allow the processing and selection of winners, in accordance with the Privacy Policy of Ducati Motor Holding Spa, available at: https://www.ducati.com/it/it/home/privacy. 

Participation in the contest implies that Ducati Motor Holding S.p.A. will only process your personal data for the purposes of this contest.

The delegated company VIVAVENTS, appointed by the promoting company as “Data Processor” pursuant to art. 28 GDPR, will have access to the data of the participants of the contest for the sole purpose of carrying out the same and in the manner described in the paragraph Draw and prize awarding.

Changes

Any changes or additions that must be made to these rules by Ducati Motor Holding S.p.A., subject to prior notification to the Ministry of Economic Development, will be brought to the attention of those concerned with an appropriate information notice that will be published on the website www.ducati.com.

Any changes will not, in any case, affect the rights acquired by the contest participants.

Statement

Participation in the contest is free of charge except for ordinary connection costs, which depend on the configuration of the computer used and the connection contract signed by the user.

It should be noted that the second prize (No. 3 Moto GP Experiences of Jerez de La Frontera - Spain - in 2020 for 2 people over 18 - total of 6 Moto GP Experiences) may only be used during the indicated period, and the winner's companion must be over 18.

The Security equal to 100% of the amount of the prizes offered, as per art. 7 of the Italian Presidential Decree 430/2001, was submitted in favour of the STATE TREASURY OF BOLOGNA by bank transfer, in order to protect the rights of the participants.

The sponsoring company reserves the right, in the event of unavailability - occurred and not attributable to it - of the prizes, to replace them with others of the same nature and of equal or greater value and possibly with similar characteristics.

The promoting company does not intend to exercise the right of recourse provided for by art. 30 of the Italian Presidential Decree 29/09/1973 No. 600. The promoting company therefore bears the related tax burden, also declares to make the VAT non-deductible and if it is not possible it will proceed to pay the Substitute Tax of 20%.

The promoting company does not assume any liability in the event of failure to deliver the notice of winning caused by an indication of incorrect address or personal data communicated by telephone by the winner. Furthermore, the promoting Company does not assume any responsibility in the event of changes in the participant's address not communicated to the Promoter, with the appropriate methods required.

Users who, according to the unquestionable judgement of the promoting Company or third parties appointed by it, become winners with means and tools judged as suspicious, fraudulent or in violation of the normal course of the event, will not be able to enjoy the won prize. The promoting Company or third parties appointed by it, reserve the right to proceed, within the terms deemed most appropriate and in compliance with the laws in force, to limit and inhibit any initiative aimed at circumventing the system.

The sponsoring company declares that it guarantees the availability of the prizes to those entitled to them within 180 days from the date of assignment.

This contest takes place in accordance with the Italian Presidential Decree 26 October 2001, no. 430 and according to the instructions given in Bulletin no. 1/AMTC of 28 March 2002 of the Ministry of Productive Activities.