TERMS OF SERVICE
1.
Introduction
1.1 User Agreement
You agree that by clicking “Sign Up” (or similar), and by creating and
registering for a ContiFIT Challenge registration page (“Registration
Account”), and accessing and using the Registration Account/emailers and
the services included therewith (“Services”) you are agreeing to enter into
a legally binding contract with CONTINENTAL TIRES DMCC and the Organizing
Company WOT Technologies LLC, collectively termed for the event as
(“ContiFIT Challenge”), and shall be subject to, and thereby assent to, the
following terms and conditions (including our Privacy Policy) set forth
below. If you do not agree to this contract (“User Agreement”), do not open
and/or register for a Registration Account. If you wish to terminate this
contract, at any time you can do so by opting out of the Registration
Account.
You are entering into this User Agreement with ContiFIT Challenge (also
referred to as “we”, “us”, and “our”). This User Agreement shall apply to
all Registration Accounts setup on all applicable Continental websites,
social media accounts, third party platforms promoting ContiFIT Challenge,
including without limitation, www.contifitchallenge.com (the “Site(s)”)
1.2 Privacy Policy
By creating, opening, registering for, using and/or accessing a
Registration Account, the collection, use and sharing of your personal data
is subject to our Privacy Policy (which includes our Cookie Policy) as well
as any changes, updates or modifications thereto as set forth in Section
1.3 below.
1.3 Change
We may modify this User Agreement or our Privacy Policy from time to time,
therefore please periodically review them. If we make material changes to
it, we will provide you notice. Your continued use of Registration Account
after we publish or send a notice about our changes to these terms means
that you are consenting to the updated terms as of their effective date. If
you object to any changes, you may opt out of your Registration Account.
2. Obligations
2.1 Eligibility
By creating a Registration Account, you agree that: (1) you are the
“Minimum Age” (defined below) or older; (2) you will provide true, accurate
and complete information about yourself as prompted by the registration
form ("Registration Data") including without limitation, your real full
name, contact no in UAE, ICE no, and email address; (3) you will maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete. It is a violation of this User Agreement to create a
Registration Account with false information, or to create Registration
Account registered on behalf of others with false information, or to create
a Registration Account for persons under the age of 18, defined as the
“Minimum Age”.
“Minimum Age” means 18 years old. Individuals under the age of 18 shall not
be permitted to create a Registration Account and the ContiFIT Challenge
organizing team has the final rights to reject any participant deemed to be
below the Minimum Age, prior participation. If you create a Registration
Account, you represent that you are 18 years of age or older. However, if
law requires that you must be older in order for ContiFIT Challenge to
lawfully provide the Services to you, or to permit you to create a
Registration Account and provide us with your personal information,
(including using of your personal data) then the Minimum Age is such older
age as required by law.
2.2 Additional Terms
To the extent that there is a conflict between this User Agreement and any
additional terms and conditions (“Additional Terms”) for any event,
product, service, license, ticket, contest, transaction, sale, membership,
and/or activity for which you are using the Site to register or purchase
(each, an “Event”), the Additional Terms of use shall govern. This User
Agreement will remain in full force and effect as long as you are a user
of, or maintain the Registration Account/Registered Data and, you will
still be bound by your obligations under this User Agreement, including any
indemnification obligations, warranties, and limitations of liability set
forth herein.
2.3 Right of Communication, Offers and Purchases
By agreeing to the User Agreement, you are providing consent to the
ContiFIT Challenge team, to communicate with you, make offers and provide
opportunity for purchase of Continental Tires, or its products/services
from time to time. This clause shall prevail, unless and until you opt-out
from the Registration Account. If you make any purchases of other
Continental products or services, availing of any offers received through
the Registration Account, you shall be bound by Additional Terms &
Conditions of such sale/promotion.
3. Rights and Limits
3.1. Information Rights
You and ContiFIT Challenge, agree that we may access, store, process and
use any information and personal data that you provide in accordance with,
the terms of the Privacy Policy.
By submitting suggestions or other feedback regarding the Registration
Account or Services to ContiFIT Challenge, you agree that ContiFIT
Challenge can use and share (but does not have to) such feedback for any
purpose and you are automatically granting ContiFIT Challenge a perpetual,
royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right
and license to use, reproduce, modify, publish, translate, prepare
derivative works based upon, distribute, perform or display such
submissions, in whole or in part, in any form, media or technology now
known or hereafter developed for any purpose, including, but not limited
to, advertising and promotional purposes, and to sublicense such rights to
others (collectively, "Rights"). All such submissions, whether solicited or
unsolicited, shall become and remain the property of ContiFIT Challenge.
This means that anything submitted by you to the Sites or your Registration
Account or captured by ContiFIT Challenge during your participation, may be
used by ContiFIT Challenge for any purpose, now or in the future, without
any payment to, or further authorization by, you. ContiFIT Challenge also
has the right, but not the obligation, to use your name in connection with
the broadcast, print, online or other use or publication of your submission
You agree to only provide information that does not violate the law nor
anyone’s rights. You also agree that your profile information will be
truthful.
3.2 Service Availability
We may change, modify, upgrade, suspend or discontinue any of our services
including but not limited to the availability of Registration Accounts.
We don’t promise to store or keep showing any information and content that
you’ve posted. ContiFIT Challenge is not a storage service. You agree that
we have no obligation to store, maintain or provide you a copy of any
content or information that you or others provide, except to the extent
required by applicable law and as noted in our Privacy Policy.
3.3 Limitations
ContiFIT Challenge reserves the right to limit your use of the Registration
Account and other Services. ContiFIT Challenge reserves the right to
restrict, suspend, or terminate your Registration Account if you breach
this User Agreement or the law or are misusing the Registration Account or
Services (e.g., violating any of the “Dos and Don’ts”; or Privacy Policy).
3.4 Intellectual Property Rights
ContiFIT Challenge reserves all of its intellectual property rights in the
Services. Continental, ContiFIT trademarks, service marks, graphics and
logos appearing on the Site are trademarks or registered trademarks of
Continental Tires (collectively, the "Trademarks") or are the trademarks or
registered trademarks of their respective owners (“Third-Party
Trademarks”). Nothing contained on the Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to
use any Trademark (or Third-Party Trademark) displayed on the Site without
the written permission of its respective owner. Your use of the Trademarks
(or Third-Party Trademark) displayed on the Site, or any other content on
the Site or in your Registration Account, except as provided in this User
Agreement, is strictly prohibited.
Except as otherwise stated in this User Agreement, images of people or
places displayed on the Site are either the property of, or used with
permission by, ContiFIT Challenge. The use of these images by you, or
anyone else authorized by you, is prohibited unless specifically permitted
by this User Agreement or specific permission provided elsewhere on the
Site. Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. ContiFIT Challenge neither warrants nor
represents that your use of materials displayed on the Site will not
infringe rights of third parties not owned by or affiliated with ContiFIT
Challenge.
3.5 Notices
ContiFIT Challenge may give notice to persons with Registration Accounts
and to general users of the Site by means of a general notice on the Site,
electronic mail to your e-mail address, All notices from you to ContiFIT
Challenge either must be sent by mail to; Continental Middle East DMCC,
Jumeirah Lakes Towers - Cluster I, Silver Tower (AG), 27th Floor, P.O. Box
336519, Dubai, United Arab Emirates, and such notices will be deemed
received the next day if sent via overnight mail or courier, or three (3)
days after deposited in the mail if sent by certified or registered mail.
4. Disclaimer, Indemnity, and Limit of Liability
4.1 No Warranty
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF CONTIFIT
CHALLENGE SERVICES, INCLUDING THE USE AND ACCESS OF YOUR REGISTRATION
ACCOUNT IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. CONTIFIT CHALLENGE MAKES NO WARRANTY THAT YOUR
REGISTRATION ACCOUNT OR THE SITE’S SERVICES WILL BE UNINTERRUPTED, SECURE,
OR ERROR FREE. CONTIFIT CHALLENGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CONTIFIT CHALLENGE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY
INFORMATION ON, OR PROVIDED IN CONNECTION WITH, YOUR REGISTRATION ACCOUNT
OR THE SITES. CONTIFIT CHALLENGE IS NOT RESPONSIBLE FOR ANY ERRORS OR
OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
4.2 Indemnity
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS CONTIFIT CHALLENGE FROM
ALL CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF YOUR
REGISTRATION ACCOUNT, THE SITE, PARTICIPATION WITHIN THE EVENT, OR ANY
VIOLATION BY YOU OF ANY USE OF THIS USER AGREEMENT.
4.3 Limitation of Liability
CONTIFIT CHALLENGE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF CONTIFIT CHALLENGE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). WITHOUT LIMITING THE FOREGOING, CONTIFIT
CHALLENGE WILL NOT BE RESPONSIBLE FOR (A) THE USE OR THE INABILITY TO USE
THE SITES, YOUR REGISTRATION ACCOUNT, OR CONTINENTAL PRODUCTS OR SERVICES;
(B) YOUR PARTICIPATION IN ANY EVENT, PROMOTION OR PROGRAM COORDINATED BY
CONTIFIT CHALLENGE; (C) PERSONAL INJURY; (D) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE CONTIFIT CHALLENGE SITES; (F) ANY OTHER MATTER RELATING
TO THE SITES, YOUR REGISTRATION ACCOUNT, OR CONTIFIT CHALLENGE PRODUCTS OR
SERVICES. YOU AGREE THAT CONTIFIT CHALLENGE’S MAXIMUM LIABILITY TO YOU, FOR
ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED UNITED ARAB DIRHAM 1
(ONE), AS NO PARTICIPATION FEE IS CHARGED FROM YOU BY CONTIFIT CHALLENGE.
NOTHING IN THIS USER AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING
CONTIFIT CHALLENGE'S LIABILITY FOR: FRAUD OR FRAUDULENT MISREPRESENTATION
OR ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL OR UNLAWFUL TO EXCLUDE OR
ATTEMPT TO EXCLUDE LIABILITY. YOUR STATUTORY RIGHTS AS A CONSUMER ARE NOT
AFFECTED BY THIS USER AGREEMENT.
The limitations of liability in this Section 4 are part of the basis of the
bargain between you and ContiFIT Challenge and shall apply to all claims of
liability (e.g., warranty, tort, negligence, contract and law) even if
ContiFIT Challenge or its affiliates has been told of the possibility of
any such damage, and even if these remedies fail their essential purpose.
5. Termination
Both you and ContiFIT Challenge may terminate this User Agreement at any
time with notice to the other. On termination, you lose the right to access
and use your Registration Account and certain applicable Services. Rights
and obligations under these Terms of Use which by their nature should
survive will remain in full effect after termination or expiration of the
Terms of Use.
You can visit our FAQs to seek further information.
6. Governing Law and Dispute Resolution
Except as prohibited by law, you agree that any claim, controversy or legal
dispute arising out of or relating to this User Agreement (hereinafter, a
“Dispute”) will be resolved through binding arbitration. This arbitration
agreement is intended to be broadly interpreted and includes claims,
controversies or disputes arising out of or relating to any aspect of the
relationship between you and ContiFIT Challenge, whether based in contract,
tort, statute, fraud, misrepresentation, or any other legal theory, all of
which shall be considered within the definition of “Dispute.” You affirm
you have had the opportunity to review the Arbitration Agreement and affirm
you are expressly agreeing to comply with and be bound by the entirety of
the Arbitration Agreement. This User Agreement evidences and follows the
law where the ContiFIT Challenge is held, United Arab Emirates and
procedures concerning arbitration shall apply any Disputes arising out of
or relating to this User Agreement to the extent that they do not conflict
with and are not inconsistent with the prevailing laws. You agree that the
arbitrator may not consolidate more than one person's claims and may not
otherwise preside over any form of a representative or class proceeding,
and that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action.
7. General Terms
If any provision of this User Agreement is held to be unenforceable by a
court of competent jurisdiction for any reason whatsoever, (i) the
validity, legality, and enforceability of the remaining provisions of this
User Agreement (including without limitation, all portions of any
provisions containing any such unenforceable provision that are not
themselves unenforceable) shall not in any way be affected or impaired
thereby, and (ii) to the fullest extent possible, the unenforceable
provision shall be deemed modified and replaced by a provision that
approximates the intent and economic effect of the unenforceable provision
and this User Agreement shall be deemed amended accordingly.
This User Agreement (including additional terms that may be provided by us
when you engage with a feature of the Registration Account or related
Services) is the only agreement between us regarding the Services and
supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this User Agreement, that does not
mean that ContiFIT Challenge has waived its right to enforce this User
Agreement. You agree that ContiFIT Challenge may assign this User Agreement
to its affiliates or a party that buys it without your consent. You may not
assign or transfer this User Agreement, or your Registration Account
(including any of your rights or obligations hereunder), and any assignment
is a violation of this User Agreement and therefore is void. Except for any
Continental Tires, subsidiaries, affiliates, or licensed partners, there
are no third-party beneficiaries to this User Agreement.
You agree that the only way to provide us legal notice is in accordance
with Section 3.5 of this User Agreement.
8. ContiFIT Challenge “Dos and Don’ts”
8.1. Dos
You agree that you will: Comply with all applicable laws, including,
without limitation, privacy laws, intellectual property laws, and
regulatory requirements; You will provide true, accurate and complete.
8.2. Don’ts
You agree that you will not: Create a false identity in your Registration
Account, misrepresent your identity, create a Registration Account profile
for anyone other than yourself (a real person), or use or attempt to use
another’s Registration Account;
Develop, support or use software, devices, scripts, robots or any other
means or processes (including crawlers, browser plugins and add-ons or any
other technology) to scrape the Services or otherwise copy profiles and
other data from the Services;
Override any security feature or bypass or circumvent any access controls
or use limits of the Registration Accounts;
Copy, use, disclose or distribute any information obtained from your
Registration Account or the Services, whether directly or through third
parties (such as search engines), without the consent of ContiFIT
Challenge;
Disclose information that you do not have the consent to disclose (such as
confidential information of others);
Violate the intellectual property or other rights of ContiFIT Challenge,
including, without limitation, using the word “ContiFIT”, “Continental”,
our logos or other trademarks in any manner;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to
derive the source code for the Registration Account or any related
technology that is not open source;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the
Registration Account or related data or access to the same, without
ContiFIT Challenge’s consent;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or
function of the Services;
Overlay or otherwise modify the Services or their appearance (such as by
inserting elements into the Services or removing, covering, or obscuring an
advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the
Services (e.g., spam, denial of service attack, viruses, gaming
algorithms); and/or
Violate any additional terms concerning the Registration Account or a
specific Service that are provided when you create or start using a
Registration Account or other such Service.
9. How To Contact Us
For general inquiries, you may contact us at our social media handles
http://m.me/ContinentalTiresME