General Terms and Conditions of Participation and Notice Use of Your Personal Data for the FC Bayern München Jersey Launch-raffle
1. Organizer, scope of application and agreement of the conditions of participation
1.1 These General Terms and Conditions apply to participation in the FC Bayern München Jersey Launch-raffle (hereinafter: "raffle").
1.2 The raffle is organized and carried out as part of a Partnership between FC Bayern München AG (hereinafter "FCB"), Säbener Straße 51 - 57, 81547 Munich and Allianz SE (hereinafter "Allianz"), Königinstraße 28, 80802 Munich. FCB is the sole organizer of this raffle. Notifications to FCB shall be sent by e-mail to the following e-mail address: service@fcbayern.com
1.3 By participating in the raffle, the participant expressly and bindingly accepts these Conditions of Participation in a binding manner.
2. Eligibility to participate
2.1 All natural persons, aged 18 and above, are eligible to participate. Minors under 18 years old are excluded from participation. There will be no distribution of Prizes to minors.
2.2 Employees of FCB and all persons who are or were involved with organization of the raffle are excluded from participation. The same applies to first and second-degree relatives (§ 15 of the German Tax Code) of such persons and their cohabiting life partner.
2.3 Each person may only participate in the raffle once. Repeated participation is not permitted. FCB reserves the right to exclude participants in the event of repeated participation pursuant to Article 5.1.
2.4 There are no direct costs for participation. Participation is linked to the purchase of an FC Bayern München jersey for the 2024/2025 season. See section 3.2.
2.5 The participant is responsible for the accuracy of details provided (e.g. e-mail address, postal address or telephone number).
3. Raffle procedure
3.1 The jersey must be purchased in the period from 06.05.2024 to 12.05.2024. The raffle starts on 06.05.2024 at 08.00 (CET) on the website (allianz.com/fcbayern) and ends on 31.05.2024 at 23.59 (CET).
3.2 Participation in the raffle requires the purchase of an FC Bayern Munich jersey for the 2024/2025 season. It is possible to purchase both via the FCB Online Store ( https://fcbayern.com/store/de-de ) and in one of the official FC Bayern stores on site. You can take part in the raffle by filling in and sending the raffle form. A link will be displayed at the end of the order process when ordering from the FCB Online Store. In the case of an on-site purchase in one of the official FC Bayern Stores, the raffle form can be accessed via a QR code on the receipt. If you have also subscribed to a newsletter as part of the participation process, you can cancel this immediately after your participation and still take part in the raffle.
3.3 Persons eligible to participate in the prize draw in accordance with section 2 who have completed all the required entry procedures (hereinafter referred to as “participants”) shall have an equal chance and the fundamental possibility of being selected throughout the duration of the prize draw using a technical selection procedure. The selection of users is subject to the random principle.
3.4 If the raffle takes place via social media (Facebook, Instagram, etc.), it is in no way connected to Meta Platforms Inc. and is in no way sponsored, supported or organized by Meta Platform Inc.
4. Prizes
Among all participants will be raffled a refund of the purchase price for the FC Bayern München jersey for the 2024/2025 season previously purchased by the respective participant (hereinafter: "prize"). 1% of the participants receive the prize. The winners will be refunded the price of one jersey they have previously paid. Multiple prize payouts are excluded. However, payment of the prize value in connection with a revocation of the purchase contract declared by the participant is excluded. In the event that the purchase contract is revoked, the participant loses the right to the prize. The claim to the prize is not transferable.
5. Exclusion of participants
5.1 FCB reserves the right to exclude participants from taking part in the raffle. This applies in particular in the event of culpable violations of the General Terms and Conditions of Participation, e.g. by providing false information or if participants manipulate or attempt to manipulate the participation procedure or the game or use other dishonest means.
5.2 FCB may exclude participants, if there are substantial suspicions for believing that they would make statements constituting a criminal offence, in particular, by using defamation or hate speech, in the offers or events organized by FCB.
6. Exclusion from the distribution of Prizes
Where FCB subsequently determines that the Participant has substantiated reasons for exclusion within the meaning of Article 5 or was not entitled to participate pursuant to Article 2, they are entitled to deprive the relevant participant of the prize and to require its return.
7. Publication of names
FCB is entitled to announce the Winners’ names publicly on its online platforms or those of its cooperation partners, in particular, if applicable, the Prize Sponsor, in accordance with the raffle data protection notice (cf. Section 14 below). The public announcement is not a winning notification and does not constitute a claim to the receipt of a prize.
8. Discontinuation, Force Majeure
8.1 FCB reserves the right to discontinue or terminate the raffle at any time. This applies in cases of force majeure or if, for other organizational, technical or legal reasons, FCB is unable to guarantee or continue the proper execution of the raffle. In such a case, participants are not entitled to any claims against FCB. FCB expressly reserves the right to claim for losses incurred if discontinuation is caused by the conduct of a Participant.
8.2 If, in the event of force majeure, FCB is temporarily unable to fulfill their obligation to the winners or are unable to do so at the time originally specified, the winners shall not be entitled to fulfillment at the time originally specified. The prize will be paid out when the temporary obstacle has ceased to exist. If FCB is temporarily unable to fulfill their obligation to the winners in the event of force majeure, the winners' claim to the prize shall lapse. FCB is not liable for any expenses incurred in vain by the winners in anticipation of the prize payout, costs incurred or other damages.
8.3 Force majeure is an unforeseeable, unavoidable and extraordinary event. Such an event shall be deemed to exist in particular, but not conclusively, in the event of war, riots or assassinations, terrorist warnings, bomb threats, strikes or lockouts, natural disasters or fire, danger to life and limb, severe weather, epidemics, pandemics or quarantine, serious accidents, official measures or other official interventions and all similar circumstances.
9. Warranty
9.1 Prizes provided in accordance with an offer from cooperation partners or prize sponsors are offered by FCB only on their behalf. FCB is not responsible in such cases for the timely and complete distribution of the prize or for material or legal defects or for the insolvency of the cooperation partner and the resulting consequences for the raffle.
9.2 Obvious defects in the prize must be reported to FCB or the cooperation partners or prize sponsors, insofar as they provide the prize, within 14 days after the delivery of the prize. Timely dispatch of the notification is sufficient to comply with the deadline.
9.3 FCB does not guarantee that all links and references made in the context of the raffle are correct or complete.
9.4 In addition, the statutory guarantee regulations shall apply insofar as they are applicable, whereby the liability-limiting provisions pursuant to Article 10 shall apply in the event of the assertion of claims for damages.
10. Liability
10.1 FCB is not liable for incorrect information expressed and disseminated by participants and/or third parties, including any cooperation partners of FC Bayern Munich, which is connected with the dissemination of information on the raffle.
10.2 The following regulations apply to the liability of FCB as well as to the liability of its employees, vicarious agents and assistants - irrespective of the legal grounds:
- FCB has unlimited liability for deliberate and grossly negligent breaches of duty, for damages arising from injury to life, body or health and for claims arising from the Product Liability Act.
- In the event of a breach of essential contractual obligations, i.e. such obligations whose fulfillment is essential for the proper execution of the raffle and on whose observance the other party regularly relies and may rely, the liability for slightly negligent breaches of duty is limited in amount to the damage typically foreseeable at the time of conclusion of the contract. In the case of a raffle with several prizes, the foreseeable damage typical of the contract is limited to the amount corresponding to the simple value of the main prize, and in the case of a raffle with one prize to the amount corresponding to the simple value of this prize.
- Otherwise FCB is not liable.
10.3 The participant is obligated to take reasonable measures to mitigate damages.
10.4 Articles 10.1 to 10.3 apply accordingly to the liability of FCB and its vicarious agents or the prize sponsor and its vicarious agents for futile expenses.
11. Relationship of verbal information with written Conditions of Participation
Where verbal information in the offer differs in terms of content from the present General Terms and Conditions of Participation or from the Conditions of Participation for individual raffles (separate Conditions of Participation), with respect to the deviating information, only the provisions of the General Terms and Conditions or the written separate Conditions of Participation for the respective raffle will apply.
12. Amendment of the Conditions of Participation
FCB reserves the right to amend these General Terms and Conditions of Participation. Changes to a raffle that is already running, in particular changes to the raffle rules, the simulation of further participants or absent participants or interference with participant selection or reduction of the prize are, however, not permitted.
13. Other provisions for the implementation and operation of the raffle
13.1 Each participant is limited to one prize.
13.2 The winner will be notified by FCB or the cooperation partner or prize sponsor in text form and/or by telephone after the end of the raffle. By participating in the raffle, the participant acknowledges that FCB may contact him for the purpose of further execution of the raffle (e.g. for notification of winning or reaching a possible intermediate round). The claim to the prize only arises upon notification. In the event of an undeliverable prize notification, FCB is not obliged to make any further inquiries.
13.3 FCB will ask the winner in the prize notification to confirm receipt of the prize notification and to provide FCB with any additional information required for delivery of the prize, in particular e.g. any bank details. The participant must provide his correct postal address or telephone number. The entitlement to the prize will be forfeited if the participant does not provide the requested information within 14 days of notification of the prize and the participant is responsible for this. In such a case, FCB is entitled to determine a new winner by means of a new selection. Shorter deadlines may also apply for prizes that are time-bound.
14. Privacy Policy
Information on the processing of your personal data by FCB in the context of this raffle can be found in our data protection information at the end of these conditions of participation. You can find more information on our handling of personal data in general at http://www.fcbayern.com/de/datenschutz.
15. Rights of use
15.1 Insofar as photographs, film and/or sound recordings are made in the context of the raffle or the transmission of the prize - e.g. during an event to which the prize entitles the participant to participate - the participant grants FCB the simple right, unlimited in time, space and content, to publish the recordings made in connection with the prize without entitlement to remuneration in a context-related manner, including for repeated reporting and, if necessary, for advertising purposes by FC Bayern München AG, companies affiliated with it in accordance with §§ 15 ff. AktG, by cooperation partners or prize sponsors in radio, television, print media and online platforms. The scope of use is not limited in terms of language, territory, content or time. By participating, the participant also guarantees that he/she is entitled to the aforementioned rights, that he/she is authorized to dispose of them and that they have not been transferred to third parties or encumbered with third-party rights.
15.2 As soon as FCB is obliged under data protection law to delete the data or to refrain from further processing , the further use of the photo, film or sound recordings shall cease to the extent that FCB is obliged to delete or refrain from further use . Further information on this can be found in the data protection information.
16 Final provisions
16.1 Legal recourse is excluded.
16.2 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. If the participant has his habitual residence in a country of the European Economic Area other than Germany, he shall retain protection under the relevant provisions of his country of residence, which may not be deviated from by agreement.
16.3 Deviations from these Terms and Conditions of Participation must be made in writing to be effective. The same applies with regard to the waiver of the written form requirement.
16.4 Should one or more of the above clauses be or become void, invalid or unenforceable in whole or in part, this shall not affect the remaining provisions.
16.5 The place of performance and jurisdiction is Munich, insofar as an agreement on this is permissible. Otherwise, the registered office or domicile of the defendant shall apply.
16.6 For reasons of better readability, no gender-specific differentiation has been made in the conditions of participation.
17. Raffle organizer
The entity offering the raffle is:
FC Bayern München AG
Säbener Straße 51-57
81547 Munich
HRB 140475
Munich Local Court
Represented by the Executive Board
Jan-Christian Dreesen
Dr. Michael Diederich
Max Eberl
Andreas Jung
Phone: +49 89 699 31-0
Fax: +49 89 64 41 65
Email: service@fcbayern.com
Web: https://fcbayern.com
Version: May 2024
|
Information letter on the collection of personal data for participation in the FC Bayern Munich jersey launch raffle in accordance with Art. 13, 14 GDPR | |
|
FC Bayern München AG legally represented by the execution board: Max Eberl, Andreas Jung
|
|
Mail: datenschutz@fcbayern.com Telephone: +49 89 69931-0 |
|
The overall purpose of the data processing is the execution of the raffle. Your participation in the raffle has created a contractual relationship between you and, FC Bayern München AG or, if applicable, the prize sponsor on the basis of the conditions of participation. We process your data in order to fulfill our obligations arising from the contractual relationship. Your name will be processed in order to carry out the winner selection. Your e-mail address will be processed in order to notify you about your prize and, if necessary, to initiate and carry out any further steps required for the transfer of the prize.
|
|
On the one hand, data processing is carried out to fulfill the contractual relationship between FC Bayern München AG and the participants (Article 6 para. 1 sentence 1 lit. b GDPR). Specifically, this concerns the following data
Based on your express consent (Article 6 para. 1 sentence 1 lit. a GDPR), we also use your data to send you newsletters. If you give your consent (Article 6 para. 1 sentence1 lit. a GDPR), we will also forward your personal data to Allianz SE. Further information on the processing of your personal data by Allianz SE can be found in the Allianz SE data protection notice. |
|
The data required to carry out the raffle (e.g. your name, your e-mail address, your address and your vote in the case of a video call) will be received and processed by FC Bayern München AG and companies affiliated with it in accordance with §§ 15 ff. AktG (German Stock Corporation Act). If you give your consent, your personal data will also be received by Allianz SE. |
|
An active transfer to a third country does not take place. |
|
We process and store your personal data, which is required for the execution the raffle, for as long as is necessary for the execution of the raffle. If your personal data is processed on the basis of your consent, this will only take place until you withdraw your consent. In individual cases, the storage may also continue beyond this point in time if FC Bayern München AG has a legitimate interest in the data processing. Furthermore, data will not be deleted in respect of data for which statutory provisions or official decisions prescribe longer storage. If the same data is collected on the basis of different legal principles, the deletion will take place after the last legal basis has ceased to exist. |
|
As a data subject, you have the following rights according to the DSVGO:
|
|
You can revoke your consent at any time with effect for the future. The admissibility of the data processing carried out in a lawful manner until the revocation is not affected by the revocation. Please address your revocation to the above-mentioned controller or data protection officer. |
|
You can also file a complaint with a data protection supervisory authority, for example, if you believe that the data processing is not in compliance with data protection regulations. The address of the competent supervisory authority is: Bayerisches Landesamt für Datenschutzaufsicht Postfach 1349 91504 Ansbach |
|
The provision of your name and contact details is necessary for the implementation of the raffle. This is the only way we can determine the winners, notify the winners and send the winners their prizes. Participation in the raffle is not possible without the data processing. |
Version: May 2024