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Conditions of participation and data privacy information for the 2019 Telekom Fan Awards

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1. Event Organizer

The Telekom Fan Awards will be held from February 5 to March 24, 2019 on Facebook, Instagram and Twitter as well as on the campaign website www.telekom-fan-awards.de by Telekom Deutschland GmbH (hereinafter also referred to as “Deutsche Telekom”) in cooperation with FC Bayern München AG, Säbener Straße 51-57, 81547 Munich (hereinafter also referred to as “FC Bayern Munich” and “cooperation partner”) and FC Bayern Tours GmbH (hereinafter also referred to as “FC Bayern Tours” and “cooperation partner”).

2. Eligibility for participation

All persons aged 16 and over who make a submission to Facebook, Instagram or Twitter in the period from February 5 to March 24, 2019 are eligible to participate (hereinafter also referred to as “participants”). Employees of Deutsche Telekom AG and/or FC Bayern München AG and/or companies affiliated with these companies in accordance with §§ 15 et seq. German Stock Corporation Act (Aktiengesetz – AktG) are not eligible to participate.

3. Consent to terms and conditions of participation

By participating, I expressly agree to the terms and conditions of participation as well as the terms and conditions of Facebook, Instagram and Twitter (available on their websites).

4. Rules of the Telekom Fan Awards 2018

There are three categories in the Telekom Fan Awards. Information can be found on the campaign website www.telekom-fan-awards.de, and Facebook, Instagram and Twitter, as well as on all media in the Allianz Arena. The participation dates for each category will be announced on the campaign website or the above-mentioned media.  The conditions for participation are met if

  • I have uploaded a submission in accordance with the terms and conditions set out below (hereinafter referred to as a “submission”) to Facebook, Instagram or Twitter and
  • I have used the #fanawards hashtag and
  • my profile is public and
  • Deutsche Telekom has published my submission on the campaign website www.telekom-fan-awards.de

5. Type of submission/judging

The submission can take the form of a photo, video or text or a combination of these.

There are three categories in the Telekom Fan Awards: Super-Story, Super-Brain and Super-Talent.

The eligibility requirements for submissions to each category will be announced on the campaign website or the above-mentioned media.

The categories shall be judged approximately 14 days after the submission closing date for each category, as follows:

(Up to) four winners shall be selected for each category by majority jury vote from all submissions uploaded and published on the campaign website (www.telekom-fan-awards.de) under the #fanawards hashtag.

The published submissions and the winners in the Super-Story and Super-Talent categories shall be selected at the discretion of Deutsche Telekom according to the following criteria: creativity, uniqueness, originality, novelty.

In addition to the publication of their submissions, selected participants in the Super-Brain category will also be asked by direct message to contact Deutsche Telekom by phone. Participants hereby give their consent to this. During the casting that will then take place, Deutsche Telekom will ask the participants a series of questions by phone or online to test their knowledge of FC Bayern Munich.

The selected winners shall be contacted by direct message via their published submission and by Facebook, Instagram or Twitter message from Deutsche Telekom or FC Bayern Munich. Should the selected winner fail to reply to the message or fail to contact Telekom via the details given and accept the prize described below within three days, the prize shall elapse and Deutsche Telekom shall be free to select a new winner.

The selected winners will receive the following prize.

A weekend in Munich for the winner and a guest for the Bundesliga home fixture FC Bayern Munich vs. Hannover 96 in May 2019 (hereinafter also referred to as the “trip”):

  • Travel to and from Munich.
    (The allocated mode of transport will depend on the place of departure. The winner must accept the selected mode of transport.)
  • A three-night stay in a hotel in a double room chosen by the event organizer
  • A program of activities in Munich centered around FC Bayern Munich
  • Tickets for the Bundesliga home fixture FC Bayern Munich vs. Hannover 96 in May 2019
  • Tickets to attend the Telekom Fan Awards ceremony in Munich

The prize only applies to the selected match and cannot be transferred to another match day or paid out in cash.

The trip shall be organized and hosted by FC Bayern Tours. Upon confirmation of the trip, a separate contract for the trip shall be entered into between the participant and FC Bayern Tours. Any and all claims shall be handled under the terms and conditions of that contract. By confirming the trip, the winner accepts the trip terms and conditions of FC Bayern Tours, which may be viewed at any time at http://www.fcbayerntours.de/pool/_fcbayerntours.de/usr/files/FCBayernTours_VermittlerAGB_DE_05Sep17.pdf.

Unless otherwise indicated in the competition, all private costs incurred during the trip (minibar, telephone, etc.), are to be borne by the winner and/or his/her guest.

In addition to the main prize, Deutsche Telekom reserves the right to award further prizes to participants within the campaign period, such as tickets for FC Bayern Munich Bundesliga matches in the second half of the 2018/2019 season.

6. Guarantee of legality and against infringement

a. I guarantee that I can be seen and/or heard in the submission, i.e. the submission is my own personal submission. Where other people are involved in my submission, I guarantee that I am authorized to hold the relevant rights of these individuals. In particular, I guarantee that I respect all necessary rights of usage and authorship and other rights related to the recording and that the recording and submissions are unencumbered by any third-party claims.

b. I also guarantee that I respect the rights of any persons who can be seen and/or heard in the submission, particularly rights regarding one’s own image and likeness and other personality rights, and that all these persons consent to the uploading, publication and use of the recording. That applies to all persons who can be seen in the submission, even if a person is only visible in the background of the recording by chance, for example.

c. Furthermore, I guarantee that the submission does not violate any applicable laws and will not invoke any objections. I guarantee in particular that the recording does not contain any pornographic, racist, otherwise offensive or illegal content and also does not infringe any copyrights or trademark rights. I will not use any clearly recognizable depictions of copyright-protected works, trademarks or labels in my recordings with the exception of official works, trademarks or labels that belong to FC Bayern Munich and/or its official partners.

d. Should a claim be made against Deutsche Telekom or its cooperation partners due to an infringement of the aforementioned guarantees of legality and against infringement, I shall release Deutsche Telekom or its cooperation partners from these and all associated or resultant claims.

7. Granting of rights of use

I hereby grant Deutsche Telekom the non-exclusive global rights, without limitation on time or content, for the comprehensive use of the uploaded submission in connection with the "Telekom Fan Awards" campaign. In particular, I grant Deutsche Telekom the right:

  • To hold the submission for access via streaming on the internet, on portals and websites of Deutsche Telekom and FC Bayern Munich (including all media in the Allianz Arena) and particularly on dedicated profile pages/channels of FC Bayern Munich in social networks such as Facebook, Instagram and Twitter.
  • To use the submission offline, as well, e.g. in the print domain.

The submission can be combined with other works, changed and edited by Deutsche Telekom for all the aforementioned purposes while respecting the personality rights of the participants. Appropriately edited versions, particularly excerpts, of the submission can be used as described.

In addition, Deutsche Telekom is authorized to sublicense the aforementioned rights to subsidiaries of Deutsche Telekom AG and FC Bayern Munich for appropriate promotion purposes. Accordingly, FC Bayern Munich is entitled to hold the submission for access via streaming on the internet, on portals and websites of FC Bayern Munich (including all media in the Allianz Arena) and particularly on dedicated profile pages/channels of FC Bayern Munich, as well as in social networks such as Facebook, Instagram and Twitter.

These usage rights are granted free of charge.

8. Agreement to data privacy policy

The data collected through participation in this competition will be collected, processed and used by Telekom Deutschland GmbH, FC Bayern München AG and FC Bayern Tours GmbH solely for the purpose of carrying out the competition, and will then be deleted. If a participant is one of the winners or is selected for the Super-Brain casting check, the contact data (first name and last name, age, email address) given by the participant him/herself for his/her published submission (hashtag) will be used for contact purposes to award the prize (hotel booking, train ticket booking, etc.) and will then be deleted, Art. 6(1)b) GDPR. This data may be subject to longer data retention obligations required by law, for example under commercial or fiscal law (e.g., German Commercial Code (Handelsgesetzbuch), German Fiscal Code (Abgabenordnung)). Where such retention obligations exist, we shall block your data and delete it when the retention obligations cease to apply.

Telekom Deutschland GmbH and FC Bayern München AG, as well as FC Bayern Tours GmbH, are authorized to distribute this data to service providers, partners and sponsors who perform tasks related to handling the competition in part or in full (for example, transportation companies to deliver the prizes, or for the organization of event participation). These service providers will be engaged in accordance with the privacy policy. This does not represent an expansion of the purpose of the data usage. Should a declaration of consent be required, it will be requested from you during the competition.

Further information can be found in the Data Privacy Policy of Telekom Deutschland GmbH at www.telekom.de/datenschutz and the Data Privacy Policy of FC Bayern Munich at www.fcbayern.com/de/datenschutz.

9. Disclaimer for Facebook, Instagram and Twitter

The photo competition is in no way connected to Facebook, Instagram or Twitter and is not in any way sponsored, supported or organized by Facebook, Instagram or Twitter. Facebook, Instagram and Twitter shall not be responsible for content published in connection with the Telekom Fan Awards. The participant shall release Facebook, Instagram, Twitter, Deutsche Telekom and the cooperation partners from any third-party claims arising in connection with this photo competition if he/she infringes legal provisions or the above terms and conditions.

10. Other

Deutsche Telekom may change the terms and conditions of participation or prizes at any time. If there is good cause, Deutsche Telekom shall have the right to terminate or interrupt the competition without prior notice. In particular, the competition may be terminated for good cause if, due to technical or legal reasons, the proper execution of the competition can no longer be guaranteed.

Whether an uploaded submission is published and used within the campaign is at the discretion of Deutsche Telekom. As such, Deutsche Telekom can exclude individuals from participating if there are reasonable grounds for doing so, such as an infringement of the terms and conditions of participation.

There shall be no legal recourse.

Any amendments and additions to this Agreement shall be made in writing. This includes any changes to this requirement.

If one or more of the above clauses be deemed void, ineffective or unenforceable, whether in part or in full, the validity of the remaining clauses will remain unaffected.

Terms and conditions of participation and data privacy policy last revised January 2019.