Terms of Use for the
“Burton Snowboards First Chair Loyalty Program”

of
Burton Sportartikel GmbH,
registered with the Innsbruck Regional Court, Reg. No. FN 036186s,
Business address: Hallerstr. 111, AT 6020 Innsbruck, Austria
(hereinafter referred to as “Burton”)

  1. Program / Terms of Use
    1. The Burton Snowboards First Chair loyalty program (hereinafter referred to as the “Program”) is offered by Burton to those customers who make purchases at Burton-owned flagship stores (hereinafter referred to as “Stores”) and through the online sales channel at www.burton.com and all respective European country domains and languages (hereinafter referred to as “Website”). The Program does not apply to purchases made in partner stores.
    2. Burton provides certain discounts and benefits for qualifying in-store and online purchases at www.burton.com, as further described herein, as well as additional offers, which may be extended from time to time.
    3. These Terms of Use (hereinafter referred to as “Terms of Use”) form the contractual basis between Members of the Program (hereinafter referred to as “Members”) and Burton with respect to membership in the Program. For the sake of clarity, the purchase of goods or services itself is governed by Burton’s General Terms and Conditions.
    4. Membership requires that these terms and conditions be actively accepted by the participating Member at the outset of membership, either online or in writing at a Store.
    5. Furthermore, when participating in the Program or accessing a Burton Website (www.burton.com), Members are also subject to the general terms and conditions and the terms of use applicable on those Websites. In the event of any conflict between these Terms of Use and the terms and conditions of the applicable Burton Website, these Terms of Use shall prevail.
    6. By accepting the Terms of Use, the Member agrees to be bound by these Terms of Use and the rules, regulations, policies and procedures pertaining to the Program contained herein.
    7. Burton reserves the right to exclude from the Program any Member who violates any of the Terms of Use.
  2. Amendment to these Terms and the Program
    1. Burton reserves the right to unilaterally amend or modify these Terms of Use or any policy, FAQ or guideline pertaining to the Program, in whole or in part, or to terminate the Program at any time, at its sole discretion, without notice.
    2. Each Member is responsible for informing themselves of the Program’s terms and conditions. The currently valid terms of use are available on Burton’s website. If Burton amends these Terms of Use, Burton will inform the Members by email and publish an amendment notice on the website. Every Member is obliged to update changes of email address in the account immediately. If a Member fails to update and therefore does not receive an update message, the amended Terms of Use shall be deemed accepted at the latest when the next qualifying purchase is made.
    3. If the Member does not object in writing within a period of 14 (fourteen) days from the date of receipt of the notice of amendment, the amended Terms of Use shall be deemed accepted. In case of an objection, the Member shall leave the Program after the expiry of 30 (thirty) days from the date of filing the objection. Within this period, the Member may use the Points and benefits already earned. Upon leaving the Program, all unused Points on the membership account will expire and can no longer be redeemed. From the date of cancelation, there is no longer any entitlement to benefits from the Program of any kind whatsoever.
  3. Membership and Account
    1. Membership is free of charge. The subscription to the membership does not require the purchase of a product or service.
    2. Members must be at least 18 years old and reside in the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway. Membership in the Program is limited to consumers. Businesses, employees of Burton and their immediate family members (first-degree relatives) are not qualifying for membership.
    3. To sign up for the Program and thus become a Member, visit www.burton.com/at/en and follow the instructions for creating an account. When creating the account, you must select the option to participate in the Program. This requires a Burton.com account. When creating an Account, you must provide the following information:
      1. First name, last name, zip code, email address and password.
      2. Optional (voluntary): Birthday (month, day). You must provide your birthday if you wish to receive birthday offers. If you do not provide birthday information, you will not receive a birthday bonus.
    4. A current, valid email address is required in order for a Member to create an account, participate in the Program, and receive Points associated with the Program.
    5. f a User already has a Burton.com account, he/she may enroll in the Program by logging into burton.com with his/her account and checking the “Sign Me Up” box located on the “First Chair” tab in the account navigation menu.
    6. Members may only have one Member account, which is for personal use only. Points, rewards and the account itself may not be passed on to third parties (e.g. family members or friends), and in particular may not be sold, given away, transferred or assigned.
    7. Members must always keep their personal information on their burton.com account up to date by visiting https://www.burton.com/on/demandware.store/Sites-Burton_EUR-Site/en_AT/Account-Preferences and making updates as necessary. This includes and especially applies to changes of the own email address.
    8. Each Member must keep his/her login data, especially passwords, PINs, etc. safe and protected from access by third parties. Burton is not liable for misuse of this data as a result of a breach of duty by the Member.
    9. Once you are a registered user of www.burton.com/at/en, you can view a summary of your account and First Chair membership on the Website. After visiting the Website, simply click on the “My Account” section accessible from the link in the header of the Website’s homepage, log in with your account information, and select the “First Chair” tab in the account page navigation menu to view First Chair membership details.
    10. Any Member may cancel their membership in the Program at any time by following the steps below:
      1. Terminating First Chair membership through the Loyalty Program tab on the account page of the Website www.burton.com/at/en; or
      2. Contacting customer service online at https://www.burton.com/at/en/contact-us, or
      3. Directly with a Burton employee at a Burton-owned flagship store.
    11. When a Member cancels an account, all unused Points on the account expire and can no longer be redeemed. There is no longer any entitlement to any Program benefits. Burton therefore recommends using Points and benefits before issuing a notice of cancellation.
    12. Participants in the Burton Performer Program are qualifying for membership in the First Chair Program, provided they comply with all of the above rules. However, individuals who participate in the Burton Performer Program and are also First Chair Program Members are restricted in the use of their Performer Code along with certain membership benefits within the same transaction, as described in the “Program Benefits and Details” section below.
  4. Communications and Notices
    1. Burton will conduct communications related to the First Chair Program and membership with the Member by mail, email, or other channels (including electronic) at Burton’s sole discretion.
    2. Burton specifically uses these channels to communicate changes to these Terms or the Program, or to communicate First Chair promotions or rewards, or about First Chair membership status, the Member’s own account, or ongoing business. This applies even if the Member has not consented to receive marketing or promotional communications.
    3. To the extent the Member has consented to receive other marketing or promotional communications (outside of the Program), Burton (at its sole discretion) may also communicate with Members through the channels set forth in Item 4.1 for marketing and promotional purposes.
  5. Data Protection
    1. Our Privacy Policy is incorporated into these Terms of Use and also applies to your participation in the First Chair Program.
    2. Please read the Privacy Policy carefully to understand how Burton collects, uses and shares information about customers, how you can update or change your personal information, and how we communicate with you.
    3. Please refer to the Privacy Policy at: https://www.burton.com/at/en/content/cookie-policy-eu.html.
  6. Qualifying Purchases / Points
    1. Members will earn rewards points (hereinafter referred to as “Points”) on their First Chair account upon making “qualifying purchases” and participating in other special programs and promotional offers as may be announced by Burton from time to time. No Points will be credited for “non-qualifying purchases” (please refer to Section 7 below).
    2. When a Member joins the First Chair Program, he/she will begin with a “0” (zero) point balance. The further conditions, requirements and details for earning Points are described below.
    3. Purchases of goods and/or services made in a Store or online at www.burton.com/at/en as a registered Member and shipped to addresses in the European Economic Area (EEA), United Kingdom (UK), Switzerland or Norway (“qualifying purchases”) count toward the Member’s Points balance and tier status. Purchases made at a partner store do not qualify for earning Points or other benefits. A current list of Burton-owned flagship stores where purchases qualify towards earning Points is always available at https://brtn.co/3jfpw3X.
    4. Burton may exclude individual products, product groups or services from qualifying at any time. Burton will make reference thereto in the offers.
    5. Unless otherwise specified by Burton on a case-by-case basis, Members will earn one point for each 1 euro (one euro) of gross invoice amount (hereinafter referred to as “Assessment Base”) of a qualifying purchase (for purchases in other currencies, the respective equivalent in euros at the conversion rate set forth in Section 12 applies), except that discounts and other credits and separately stated shipping costs are not part of the Assessment Base (i.e., do not qualify for earning points). Example: If a product that normally costs €100 is offered for €75, the Member will only receive Points for the reduced purchase price of €75.
    6. Points issued by Burton for merchandise returns, refunds or credit adjustments may be subsequently revoked by Burton at any time, at its sole discretion (rounded up to full amounts), as these Points are not based on actual purchases. However, Burton is not obligated to make any such revocation. As such, leaving these Points in place does not entitle the Member not to have such Points revoked in the future. The number of Points credited may change at any time as a result of such revocations. For information, Members can visit the Burton Website.
  7. Non-Qualifying Purchases
    1. No Points will be awarded for the purchase of gift cards, the redemption of merchandise vouchers, or any type of price adjustment (e.g., when a reduced price reverts to the normal price after a purchase).
    2. No Points will be awarded for purchases not authorized by the Member using the respective Member’s account or fraudulent purchases (e.g. using the Member’s login data obtained without authorization). Points already awarded for such purchases will become invalid and will be permanently forfeited.
    3. Similarly, no Points will be awarded if, according to Burton’s reasonable judgment, the goods or services purchased will be used for commercial resale, in which case the Member will first be given an opportunity by Burton to rebut such judgment within a period of at least seven (7) days. Burton’s final determination that a commercial resale has occurred shall be binding on the Member. Points already awarded for such purchases shall be permanently forfeited.
    4. Purchases made by a Member before joining the Program or without registering (logging in) on the Website or without disclosing the email address before paying for goods/services in a store will not be counted towards the Program. No Points will be credited for such purchases, not even retrospectively.
  8. Crediting of Points
    1. A current, valid email address is mandatory to participate in the Program and receive credit for points.
    2. Members must identify themselves with their email address on file in their account in order to receive credit and/or discounts and benefits for qualifying purchases in Stores and on the Website. In particular, the Member must provide his/her current email address in a Store when paying for goods/services or log in to his/her online account prior to payment for online transactions in order to receive a Points credit and/or benefits.
    3. Accumulated Points will be processed by Burton and credited to the Member’s account upon final processing of the transaction. The exact time of crediting may vary. However, this is usually the time of purchase.
    4. Members can view their point balance at any time on Burton’s Website in their First Chair account.
    5. Each Member is responsible for regularly checking his/her account to ensure that Points purchased are properly credited. If a Member believes that his/her account has not been properly credited, he/she shall contact Burton via support.eu@burton.com and provide all requested documentation to verify the uncredited purchase. Burton will then review the request and determine–at its sole discretion, but in good faith–whether Points should have been credited to the account. In this process, Burton will also rely on its own internal records and documents. Notwithstanding the foregoing, Burton shall not be obligated to make adjustments involving acquisition transactions that occurred more than one hundred eighty (180) days prior to receipt of the audit request.
  9. Warranty and Liability on Part of Burton
    1. Burton does not warrant that any information on the Website or in any offerings relating to the Program is accurate or complete, given the gratuitous nature of the Program. Burton also does not guarantee the permanent availability of this information on the Website and the seamless, uninterrupted operation of the Website.
    2. Burton also does not warrant that any performance under the Program will be free from defects, such as the correct crediting of Points or Burton’s administration of the Program. For the sake of clarity, Burton’s general terms and conditions apply to the supply of goods or the provision of services under purchase or service contracts (e.g., warranties for goods purchased).
    3. Burton endeavors to maintain the security of the Program and the underlying IT systems. However, Burton provides no guarantee and accepts no liability for damage caused by unlawful or criminal acts of third parties, in particular cyber-security attacks on the system.
    4. In view of the fact that the Program is free of charge, Burton, its affiliated companies, in particular “The Burton Corporation,” with its registered office in Burlington, Vermont, USA, and its/their bodies and employees shall only be liable in connection with these Terms and the Program in the event of malicious intent and gross negligence, whereby liability for pure financial loss, loss of profit and consequential loss–except in the event of malicious intent–shall be excluded in all cases. Furthermore, the liability of the persons mentioned in the previous sentence is limited to the amount of EUR 50,00 in each individual case. Burton’s General Terms and Conditions shall apply to the delivery of goods or the provision of services under purchase or service contracts (i.e., for example, liability for damages arising from the delivery of goods).
    5. Burton is not liable for the misuse of Member accounts. Each Member is responsible for the safekeeping of login data, especially passwords and/or PINs.
  10. Membership Tier Status
    1. After initial placement into a Program tier, a member’s status is based solely on Points earned for qualifying purchases and qualifying special offers. The structure of member tiers is as follows:
      1. Tier 1: Members who have accumulated 0-749 Points qualify for this tier.
      2. Tier 2: Members who have accumulated 750-1499 Points qualify for this tier.
      3. Tier 3: Members who have accumulated more than 1500 Points qualify for this tier.
  11. Member Benefits and Details
    1. In addition to any other requirements and/or restrictions communicated to Members at the time a benefit is offered, the following shall apply:
      1. Access to Double or Triple-Point Events: Members of all tiers will have access to promotions where the customer can earn additional Points per purchase. Members must sign up to receive marketing and promotional communications to be notified of such events.
      2. Double Points for Donations to Chill: Members of all tiers will receive double Points for amounts donated to “Chill Austria, Verein zur Förderung Jugendlicher mithilfe von Brettsport” located in AT 6020 Innsbruck (ZVR [Central Registry of Associations] number 1043479549). Donations must be made through the Burton Website or in-store. For example, if a donation to the association is made in a store in the amount of €50, the Member will receive 100 Points credited to his/her account (instead of merely 50 points).
      3. Birthday offer: Members must have a valid birthday on file in their account and have opted in to receive marketing and web communications. The account must also have purchase activity within the last 12 (twelve) months. This offer applies to Tier 2 and Tier 3 Members. Additional terms and conditions may apply and will be communicated by Burton.
      4. Free Standard Shipping: Free standard shipping is offered to Tier 1, 2, and 3 Members valid at burton.com on orders shipping to the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway. Members must be signed into their Account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free standard shipping method is dependent upon Member’s opt-in status and will be automatically applied at checkout. See https://www.burton.com/at/en/help/orders-shipping-eu.html for full shipping details. Terms of offer are subject to change.
        This Benefit is eligible to members with accounts reflecting residency within the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway.
      5. Free express shipping: In Europe, free express shipping is not included in the Program. The Member must therefore pay for express shipping in all instances. Shipping costs do not entitle Members to earn points.
      6. Early access to product drops: This benefit is offered to Tier 2 and Tier 3 members. Such product drops exclude the purchase of goods with a discount program (e.g. employee and family discounts, performer program).
      7. Special offers: Special offers may be sent to Members via email, text message, or postal mail. The availability of special offers depends on the offer itself and the associated benefits. Special offers may be offered to all tiers or may be limited to certain tiers, at Burton’s sole discretion. You may be required to sign up for (opt-in) and activate special offers. To receive and activate personalized special offers via email, you must opt in to receive promotional and marketing offers from Burton and provide a valid email address and mailing address, if applicable. Special offers may be customized based on your purchasing patterns and preferences and may include periodic discounts on products or merchandise or the opportunity to earn reward points. Special offers may be subject to certain restrictions, including expiration dates and short, limited redemption periods. Special offers are personalized to the individual Member and cannot be shared or transferred. To redeem special offers, Members may be required to complete an action to verify your identity (e.g., double opt-in). Read each offer carefully for specific details, expiration dates, restrictions and limitations.
  12. Currency conversion
    1. If the address assigned to the Member account is located in a country where Burton invoices in euros, one point will be awarded for each qualifying purchase per full euro of the gross invoice amount (see Item 6.5).
    2. If the address assigned to the Member account is located in another country where Burton does not invoice in euros, Burton will determine a conversion rate that will determine the Points awarded (e.g. 1 GBP = 1 EUR, 1 CHF = 1 EUR, 10 SEK = 1 EUR, 10 NOK = 1 EUR). The respective euro equivalent (in full EUR) corresponds to the Points to be awarded. Example: 10 SEK = 1 EUR: At this conversion rate, a product costing SEK 876.00 will earn 87 Points, since SEK 876.00 is equivalent to 87.60 EUR.
  13. Redeeming Points
    1. Points earned by a First Chair Program Member have no monetary or cash equivalent value and therefore cannot be redeemed for cash. Points can only be redeemed within the scope of the Program.
    2. Burton may change the procedures and offers for earning and redeeming Points at any time, including the conversion rate between Points and rewards or between different currencies. Such changes, insofar as they adversely affect Points or benefits already acquired by the Member, shall be communicated with at least 60 (sixty) days’ notice by email and via announcement on the Website, so that the Member may use his/her Points and benefits under unchanged conditions within this period. In all other respects, the provisions of Section 2 above shall apply.
    3. Points accumulated on accounts of different Members may not be shared, transferred, combined or condensed to purchase products or otherwise use those points. Points accumulated for a purchase may not be redeemed for the same purchase.
    4. Points and rewards shall expire as described in Section 14 below.
  14. Expiration of Points
    1. Accumulated Points expire on a rolling basis 12 (twelve) months after each underlying purchase (term point). This is explained using the following examples, also for classification in a membership tier (Tier Status; refer to Section 10 above).
      1. For example, if a Member spends EUR 300 on a qualifying purchase on 11/01/2021, the Points credited for that purchase would remain valid up to and including 11/01/2022. On 11/02/2022, the 300 Points would expire (thus they cannot be redeemed from 11/02/2022 onwards) and, if no further purchases are made, the Points on the Member’s account would revert to 0.
      2. If the same person who spent EUR 300 on a qualifying purchase in the above example on 11/01/2021 makes another qualifying purchase for EUR 760 on 12/15/2021, this transaction will result in a total Points balance of 1060 in the Member account. This, in turn, will result in a Tier 2 (750-1499 Points) classification, which will provide additional tier-related benefits up to (and including) 12/15/2022.
      3. For example, if a Member reaches Tier 3 (1500+ Points) with a creditable purchase on 12/01/2021, makes another creditable purchase for EUR 800 on 04/03/2022, and makes no further purchases thereafter, that Member would revert to Tier 2 (750-1499 Points) on 12/02/2022 up to and including 4/03/2023. On 04/04/2023, the Member status would then be 0 Points and thus the Member would revert to Tier 1 (0-749 points).
  15. Revocation of Membership by Burton
    1. Burton reserves the right to revoke a Member’s membership in the Program and/or any benefits to which the Member is entitled if, at Burton’s sole opinion, a Member abuses the privileges of the Program, uses the Program in a fraudulent manner, fails to comply with these Terms of Use, or otherwise obtains benefits through deception, forgery and/or fraud.
    2. Burton will exercise this right only in a reasonable manner. Upon request, the Member will be informed in writing of the reasons for the revocation.
    3. If Burton terminates a Membership for reasons attributable to the Member, all points, rewards or other benefits will be forfeited as of the second effective date of termination.
    4. If Burton terminates the entire Program (for all Members), it will do so with at least thirty (30) days’ notice. Upon termination of the Program, all benefits and Points not used by then will expire.
  16. No Transferability of Membership or Member Rights
    1. Neither Program benefits nor Member accounts may be transferred, bought, sold, assigned, auctioned off or otherwise traded. In particular, transfer or passing on to family members shall also be excluded.
    2. In the event of death, the membership shall expire. The benefits on the membership account shall not pass to the heirs. In the event of death, the membership account shall be closed and deleted. Program points, rewards and/or benefits have no cash value and cannot be exchanged for cash.
  17. General Information
    1. By accepting these Terms of Use, you declare that you agree to these Terms.
    2. Subsidiary agreements to these terms and conditions must be made in writing in order to be legally effective. This shall also apply to any waiver, amendment or cancellation of this written form requirement.
    3. These Terms shall be governed expressly by Austrian law, excluding Austrian private international law and the provisions of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Member has its permanent residency as a consumer, shall remain unaffected.
    4. The European Commission’s platform for online dispute resolution (OS) for consumers is available at http://ec.europa.eu/consumers/odr/. However, Burton hereby declares that it is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
  18. Offers - Sweepstakes Official Rules "First Chair Board Giveaway"
    1. Sweepstakes Period: The “First Chair Board Giveaway” Sweepstakes (the “Sweepstakes”) begins at 12:01:00 AM Eastern Standard Time (“EST”) on January 3, 2023 and ends at 11:59:59 PM EST on January 21, 2023 ("Sweepstakes Period"). The Burton Sportartikel GmbH Corporation’s (“Sponsor”) computer, or that of its designee, runs the official clock for the Sweepstakes and will solely determine the time by which an entry is received.
    2. Eligibility: Sweepstakes (the “Sweepstakes”) is open only to those who sign up for the First Chair Loyalty Program and who are 18 as of the date of entry. The sweepstakes is only open to legal residents of the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway. and is void where prohibited by law. Employees of Burton Sportartikel GmbH (the “Sponsor”) their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
    3. How To Enter: Participants will be automatically entered into the Sweepstakes by creating a Burton account and opting into the First Chair Loyalty Program, click here. The entry must fulfill all sweepstakes requirements, as specified, to be eligible to win a prize. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Burton Sportartikel GmbH. The web site will contain a description of the Sweepstakes and a link to the official rules.
      Entry is limited to one (1) entry per participant. If more than one (1) entry is received from an entrant, only the first entry will be considered and accepted.
      Entries made with multiple e-mail addresses, under multiple identities or through the use of any agent or other device or artifice to enter multiple times will be deemed invalid. Multiple Sweepstakes entrants are not permitted to share the same email address. Mechanically reproduced, illegible or incomplete entries will not be eligible. All entries must be submitted in the name of an individual person and Prizes can only be awarded to the person whose name is listed on the entry. Sponsor assumes no responsibility for incorrect or inaccurate entry information, human error or technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any computer equipment or software, or any combination thereof, or for lost, stolen, late or misdirected entries. All entries become the property of the Sponsor and will not be acknowledged or returned. By entering the Sweepstakes, entrants agree to the use by Sponsor and its designees of their names and photographs/likenesses for any advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised (including and without limitation, the Internet) without additional compensation except where prohibited by law. Upon request, Prize Winner (“Winner”) agrees to consent to such in writing.
    4. Random Drawings: A random drawing to select the Winners will be conducted on or about the end date stated in the Sweepstakes Period above from among all eligible entries received. Entries do not roll over to future sweepstakes. All drawings will be conducted by Sponsor, who is an independent judging organization, whose decisions are final and binding in all matters relating to the Sweepstakes.
    5. Winner Notification and Verification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor. Winners will be notified via email to the email address they entered the Sweepstakes with within five (5) days following the winner selection. Burton Sportartikel GmbH shall have no liability for a winner's failure to receive notices due to winners' spam, junk e-mail, or other security settings or for winners' provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and releases as required, the prize may be forfeited, and an alternate winner selected.
      The receipt by winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal and state laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER
      OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
    6. Prize Description and Approximate Retail Value (“ARV”): One winners will receive one (1) Burton Custom Board Shop snowboard, with an approximate retail value of EUR €700.00, plus a snowboard kit including a jacket and pants with an approximate retail value of EUR €1.000.
      Prize is provided on an “as is” basis, without any warranty of any kind. Prize is non-transferable. Prize may not be redeemed for cash. Sponsor reserves the right to substitute a Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable. The odds of winning the Prize depends on the total number of eligible entries received. In no event will more Prizes be awarded than those listed in these Official Rules. Decisions of the judges will be final and binding on all matters relating to this Sweepstakes. By accepting a Prize, Winner acknowledges and agrees that the manufacturers or suppliers of such prize have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including without limitation, its quality, mechanical condition, or fitness for a particular purpose.
      Winner is responsible for any and all applicable fees, service charges, surcharges or federal, state, and local taxes, if any, incidental charges, and any other unspecified expenses associated with acceptance or use of the Prize.
      All estimated retail values are subject to change based on, among other things, normal price fluctuations associated with the product in the marketplace.
    7. Conditions of Entry: Use of any automated entry software is prohibited. Electronically reproduced, mechanically reproduced, illegible, incomplete or inaccurate entries are void. By participating, entrants agree to comply with these Official Rules including all eligibility requirements. In case of a dispute as to the owner of an online entry, online entry will be deemed to have been submitted by the authorized account holder from which the entry is made. Sponsor, and its parent company, affiliates, subsidiaries, divisions, advertising and promotion agencies, and all of their officers, directors, shareholders, employees, representatives and agents (collectively “Releasees”) are not responsible for: (i) incorrect or inaccurate transcription of entry information, or for any human, typographical or printing errors, (ii) technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, inability to submit the online enrollment form, or any other error or malfunction, or any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes, (iii) or for late, lost, stolen, illegible, damaged, incomplete, inaccurate, undelivered, delayed or misdirected entries for any reason including computer, telephone, paper transfer, or process any transaction thereon, (iv) errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes related materials. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if technical difficulties compromise the integrity of this Sweepstakes, the Sponsor reserves the right to disqualify any individual (and void their entry and/or prevent them from future entry), and/or who tampers with the entry process and/or who is acting in violation of these Official Rules modify or cancel or terminate this Sweepstakes, in whole or in part, at any time without notice and award the Prize in a random drawing from among all non-suspect eligible entries received as of the termination date. Caution: Any attempt by an entrant or any other individual to deliberately damage any online service or web site or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to modify Prize award procedures at their discretion.
    8. Disputes and Limitation of Liability: By participating in the Sweepstakes, except where prohibited, entrants agree: [1] to release, indemnify and hold harmless Releasees and each of their respective agents, representatives, officers, directors, shareholders and employees from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Sweepstakes or acceptance, possession, use, misuse or nonuse of the Prize (including any travel or travel-related activity thereto) that may be awarded; [2] any and all disputed, claims and causes of action arising out of or connected with this Sweepstakes or any Sweepstakes Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by within the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway; [3] any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorney’s fees; and [4] under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. This Sweepstakes and these Official Rules shall be interpreted in accordance with the laws of the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway, without regard to its principles of conflicts of law. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes related materials; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries or; for electronic,
      computer, or telephonic malfunction or error, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, or process any transaction thereon.
    9. Privacy: Information submitted with an entry is subject to the Privacy Policy stated on the Burton Sportartikel GmbH Web Site.  PRIVACY & COOKIES
    10. Winners List: To obtain a copy of the winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Burton Sportartikel GmbH, Hallerstrasse 111, 6020 Innsbruck, Austria/Tirol. Requests must be received no later than 01.05.2023.
    11. Sponsor: The Sponsor of the Sweepstakes is Burton Sportartikel GmbH, Hallerstrasse 111, 6020 Innsbruck, Austria/Tirol.

    12.  “First Chair Ticket Deal” Official Rules  - NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR CLAIM THE OFFER.
    13. Offer Period: The “First Chair Ticket Deal” Offer begins at 12:01:00 AM Eastern Standard Time (“EST”) on January 2, 2023 and ends at 11:59:59 PM EST on April 16, 2023 ("Offer Period").
    14. Eligibility: Offer is open only to those who are already First Chair Members and for those who sign up for the First Chair Loyalty Program and who are 18 as of the date of entry. The deal is only open to legal residents of the European Economic Area (EEA), United Kingdom (UK), Switzerland, or Norway. Employees of Burton Sportartikel GmbH their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to claim the offer. The Offer is subject to all applicable federal, state and local laws and regulations. Void where prohibited.
    15. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Burton Sportartikel GmbH, as final and binding as it relates to the content. The deal is subject to all applicable federal, state and local laws.
    16. How To Enter: Participants will automatically get an email including the offer by creating a Burton account and opting into the First Chair Loyalty Program, click here The entry must fulfill all requirements, as specified, to be eligible to be able to redeem the offer. Entries that are not complete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Burton Sportartikel GmbH. The web site will contain a description of the Offer and a link to the official rules. After you sign up with First Chair and receive the Welcome email, you can purchase a one-day ticket at 25% off using the link that is in the email. To do this, you must register with Montopolis.
    17. Offer Description: Every First Chair Member will be able to redeem a 25% off day ticket (not redeemable in a row) 3 times during the season. Offer begins at 12:01:00 AM Eastern Standard Time (“EST”) on January 2, 2023 and ends at 11:59:59 PM EST on April 16, 2023 ("Offer Period").
    18. Terms & Conditions: Burton Sportartikel GmbH reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Exclusive Offer should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Exclusive Offer. In such case, Burton Sportartikel GmbH may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by Burton Sportartikel GmbH. Burton Sportartikel GmbH reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Exclusive Offer or website or violates these Terms & Conditions. Burton Sportartikel GmbH has the right, in its sole discretion, to maintain the integrity of the Exclusive Offer, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Exclusive Offer rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Exclusive Offer may be a violation of criminal and civil laws and should such an attempt be made, Burton Sportartikel GmbH reserves the right to seek damages from any such person to the fullest extent permitted by law. By purchasing the tickets, you agree to the General Terms and Conditions of Mayrhofner Bergbahnen.
    19. Limitation of Liability: By entering you agree to release and hold harmless Burton Sportartikel GmbH and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant's participation in the Exclusive Offer and/or his/her acceptance, possession, use, or misuse of any prize or any portion there of, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
    20. Disputes: THIS DEAL IS GOVERNED BY THE LAWS OF AUSTRIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Exclusive Offer, participant agrees that any and all disputes which cannot be resolved between the parties and causes of action arising out of or connected with this Deal, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Austria having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with entering this Exclusive Offer), and participant further waives all rights to have damages multiplied or increased.
    21. Privacy Policy: Information submitted with an entry is subject to the Privacy Policy stated on the Burton Sportartikel GmbH Web Site.  PRIVACY & COOKIES.
    22. Sponsor: The Sponsor of the Deal is Burton Sportartikel GmbH, Hallerstrasse 111, 6020 Innsbruck, Austria/Tirol and Mayrhofner Bergbahnen AG, Ahornstraße 853, 6290 Mayrhofen, Austria/Tirol