General Terms and Conditions of Participation and Notice on Use of Your Personal Data for the FC Bayern München x Audi World EV Day Jersey Raffle
1. Event Organizer / Scope / Acknowledgement of the General Terms and Conditions of Participation
1.1. These General Terms and Conditions apply to participation in the FC Bayern München x Audi World EV Day Jersey Raffle (hereinafter “Competition”).
1.2. The Competition will be organized and implemented by FC Bayern München AG (hereinafter “FCB”), Säbener Straße 51 - 57, 81547 Munich. FCB occasionally conducts the Competition with cooperation partners, who provide the Prizes (hereinafter "Prize Sponsor"). Prize Sponsor is AUDI AG (hereinafter "Audi"), Auto-Union-Str. 1 85057 Ingolstadt. As far as a Prize Sponsor provides the Prize, the Prize Sponsor alone is the promiser of a reward within the meaning of Article 657 German Civil Code. Within the execution of the Competition FCB represents the Prize Sponsor. Notifications to FCB are to be sent by email to the following email address: service@fcbayern.com.
1.3. By participating in the Competition, the Participant expressly recognizes these General Terms and Conditions of Participation in a binding manner.
2. Eligibility
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 employees of participating Prize Sponsors and all persons who are or were involved with organization of the respective Competition are excluded from participation. The same applies for first- and second-degree relatives (Article 15 German Tax Code) of such persons and their cohabiting life partner.
2.3 Each person may only participate once in a Competition. Repeated participation is not permitted. In the event of repeated participation, FCB reserves the right to exclude Participants pursuant to Article 5.1.
2.4 Within the participation, no costs are incurred to FCB. No purchase of goods, services, donation or similar is required for participation in the Competition.
2.5 The Participant is responsible for the accuracy of details provided (e.g. email address or telephone number).
3. Competition procedure
3.1 The raffle starts on 09.09.2024 on the FC Bayern instagram page (https://www.instagram.com/fcbayern/) and ends on 11.09.2024 at 23.59 (CET).
3.2 Participation in the raffle takes place by commenting the specific Instagram post from FC Bayern (https://www.instagram.com/p/C_sOBH4MZhH/?img_index=1) during the specified period of implementation with the user's favourite FC Bayern concept car season in accordance with section 3.1. If a further condition for participation is required in the corresponding announcement post, this condition shall be added to the conditions specified here. Insofar as the order of a newsletter is part of the participation, the Participant can revoke this immediately after the participation and still take part in the competition.
3.3 The persons who meet all the requirements set forth in Section 2 (hereinafter referred to as “Participants”) where a technical selection procedure is used throughout the entire duration of the Competition have the same chance and the same general possibility of being selected. The time and selection of the User are subject to the principle of chance.
3.4 If the competition takes place via social media (Facebook, Instagram, etc.), it is not connected with Meta Platforms Inc. and is in no way sponsored, supported or organized by Meta Platform Inc.
4. Prizes
4.1 Among all Participants one (1) FC Bayern München Jersey from the 2024/2025 season will be raffled (hereinafter “Prize”).
4.2 Any pictorial or verbal presentation of the Prize in the FCB competition description is not necessarily identical with the item won. There may be deviations, in particular in the model, colour and features etc. FCB or its Cooperating Partner or the Prize Sponsor can select an item of average kind and quality of equivalent value to the item described as the Prize. If the prize involves an interaction with a natural person (e.g. meeting or video call with a FCB Player), FCB can replace this person with another person comparable to him or her.
4.3 The material Prize will be delivered to the winner free of charge.
4.4 In the event of winning matchday tickets for FCB's first licensed soccer or basketball team, the winner agrees to the current version of FCB's General Ticket Terms and Conditions (ATGB), available at https://tickets.fcbayern.com/documents/de/ATGB.pdf or https://fcbayern.com/binaries/content/assets/downloads/basketball-pdfs/ticketing/atgb.pdf?v=1617180636912, by accepting the Prize.
The business or commercial (i.e. for profit) resale of matchday tickets is prohibited.
4.5 Material Prizes and Prize gift vouchers will be delivered directly by the Prize Sponsor or a third party contracted by it to the address provided by the Winner. Delivery is generally made 4 (four) weeks after receipt of notification of the win. This period, however, is not binding and can be reasonably extended in the circumstances.
4.6 Material Prizes will not be paid in cash. If the Prize is no longer available, the Winner will receive a replacement of equal value or voucher from FCB or the relevant Prize Sponsor.
4.7 In the case of location-based Prizes, the winner must bear the costs of travel to and from the relevant location, unless this is expressly stated otherwise within the scope of the Competition.
4.8 In the case of scheduled Prizes, the timely delivery of the Prize does not constitute a main service of FCB.
5. Exclusion of Participants
5.1 FCB reserves the right to exclude Participants from participating in the Competition. This applies, in particular, in the event of culpable violation of the Terms and Conditions of Participation, e.g. the Participant makes false statements or manipulates or seeks to manipulate the participation procedure or the game or uses other dishonest means.
5.2 FCB can 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 of distribution of Prizes
Where FCB or the Prize Sponsor 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 Winner’s name publicly on its online platforms or those of its cooperation partners, in particular the Prize Sponsor, in accordance with the competition data protection notice (cf. Section 14 below), unless the Winner expressly objects to such publication. 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 is entitled to discontinue or terminate the Competition at any time. This applies, in particular in cases of force majeure or if, for other organizational, technical or legal reasons, proper execution of the FCB Competition cannot be guaranteed or continued. Participants are not entitled to assert any claims against FCB in such cases. 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 its obligation to the winner or is unable to fulfill its obligation to the winner at the originally scheduled time, the winner has no claim to fulfillment at the originally scheduled time. The Prize will be paid when the temporary impediment has ceased to exist. If FCB is temporarily unable to fulfill its obligation to the winner in the event of force majeure, the winner's entitlement to the Prize shall lapse. FCB is not liable for futile expenses incurred by the winner in anticipation of the Prize distribution, 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 offers by Cooperating Partners or Prize Sponsors, are offered by FCB exclusively on their behalf. In such cases, FCB is not liable for timely and full distribution of the Prize nor for material or legal defects nor for inability of the Cooperating Partner to pay and the resultant consequences for the Competition.
9.2 Obvious defects in the Prize must be notified to FCB or the Cooperating Partner and Prize Sponsors, if these provide the Prize, within 14 days of delivery of the Prize. Timely dispatch of notification suffices to comply with the deadline.
9.3 FC Bayern Munich does not guarantee that all links and references made within the Competition are correct or complete.
9.4 In addition, the statutory guarantee regulations shall apply insofar as they are applicable, whereby the provisions limiting liability pursuant to Article 10 shall apply in case of assertion of a claim for damages.
10. Liability
10.1 FC Bayern Munich 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 Competition.
10.2 The following regulations apply to the liability of FC Bayern Munich as well as to the liability of its employees, vicarious agents and assistants - irrespective of the legal grounds:
- FC Bayern Munich 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 cooperation agreement 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.
- Otherwise FC Bayern Munich is not liable.
10.3 The Participant is obligated to take reasonable measures to mitigate damages.
10.4 Sections 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.
10.5 The Participant or his legal representative is solely responsible for the content of his Instagram story using the Audi sticker within the meaning of section 3.2. FCB does not adopt the content of the comment as its own. By posting on their personal Instagram story, the Participant or his/her legal representative indemnifies FCB from any liability due to illegal statements as well as due to the infringement of intellectual property rights caused by the comment.
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 Competitions (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 Competition will apply.
12. Amendment of the Conditions of Participation
FCB reserves the right to amend the Conditions of Participation. Changes to a Competition already underway, in particular changes to Competition rules, simulation of further users or absent users or interference with user selection or reduction of the Prize, are, however, not permitted.
13. Other provisions on implementation and operation of the Competition
13.1 Each Participant is limited to one Prize.
13.2 The Winner will be notified by FCB or the Cooperating Partner or Prize Sponsor after the end of the Competition, in text form and/or by telephone. By participating in the competition, the participant acknowledges that FCB may contact him for the purpose of further execution of the competition (e.g. to notify him of winning or reaching a possible intermediate round). The claim to the Prize only arises upon notification. If the Prize notification is undeliverable, FCB is not obliged to make further inquiries.
13.3 The Participant must provide his correct postal address or telephone number. The claim to the Prize expires, if the Participant fails to provide the requested information within 14 days of notification of the Prize and the Participant is responsible for this. For Prizes, which are limited in time, shorter periods can be applied.
14. Privacy Policy
Information regarding the processing of your personal data in the context of this Competition by FCB can be found in our data protection information at the end of these conditions of participation. You can find more information about our handling of personal data in general under https://fcbayern.com/en/privacy.
15. Rights of use
15.1 Insofar as photographs, film and/or sound recordings are made as part of the Competition or the transmission of the prize - e.g. during an event which the Prize entitles the Participant to attend - the Participant agrees to grant FCB the simple right, unrestricted in terms of time, place and content, to publish the recordings made in connection with the prize without any claim to remuneration in a context-bound manner, including for repeated reporting and, if applicable, for advertising purposes by FCB, companies affiliated with it pursuant to Article 15 et seq. AktG, by its cooperation partners or Prize Sponsors in radio, television, print media and online platforms. The scope of use is not limited in terms of language, space, content or time. By participating, the Participant also guarantees that he is entitled to the said rights, that he 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 obligated to delete the data or to refrain from further processing under data protection law, further use of the photo, film or sound recordings shall cease to the extent that FCB is obligated to delete or refrain from further use. You can find more information on this in the data protection information.
16. Final provisions
16.1 Legal recourse is excluded.
16.2 The law of the Federal Republic of Germany applies 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 conditions of participation must be in writing to be effective. The same applies to the conditions of the written form requirement.
16.4 Should one or more of the above clauses be or become wholly or partially void, ineffective or unenforceable, the remaining conditions shall remain unaffected.
16.5 Place of performance and jurisdiction is Munich, as far as an agreement on this is permissible. Otherwise, the seat or domicile of the defendant party applies.
17. Competitions
The entity offering the Competition is:
FC Bayern München AG
Säbener Straße 51-57
81547 Munich, Germany
HRB 140475
Munich District Court
Represented by its Executive Board
Jan-Christian Dreesen
Dr. Michael Diederich
Max Eberl
Telephone: +49 89 699 31-0
Fax: +49 89 64 41 65
Email: service@fcbayern.com
Web: https://fcbayern.com
Version: August 2024
Competition data protetction information
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Information letter on the collection of personal data for participation in the FC Bayern München x Audi World EV Day Jersey Raffle competition pursuant to Article 13, 14 DSGVO | |
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FC Bayern München AG legally represented by the execution board: |
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Mail: datenschutz@fcbayern.com Telephone: +49 89 69931-0 |
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The overall purpose of the data processing is the execution of the competition. Through your participation in the competition, a contractual relationship has arisen between you and FC Bayern München AG or the Prize Sponsor. 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 to notify you about your prize and to initiate and carry out any further steps necessary to transmit the prize. Your address will be used to transmit the prize. Photographs, film and/or audio recordings will be made for the purpose of documenting the event and for partial publication on FC Bayern München's online platforms, such as the website, official club TV and social media platforms, in FC Bayern München's print media and for reporting in the general press. |
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The data processing is carried out partly/totally for the fulfillment of the contractual relationship existing between FCB and the participants (Article 6 Section 1 Sentence 1 lit. b DSGVO). In detail, this concerns the following data:
The data processing is also based on a legitimate interest of the FC Bayern München AG (Article 6 Section 1 Sentence 1 lit. f DSGVO). In detail, this concerns the following data:
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The data required to execute the competition (e.g. your name, e-mail address, address and your vote in the case of a video call) will be received by FC Bayern München AG and its affiliated companies pursuant to Article 15 et seq. AktG (German Stock Corporation Act). Possible further recipients are also possible prize sponsors. Your age will only be transferred insofar as this is necessary for the execution of the competition. Your data will also be received by IT service providers who support us in running the event. We have carefully selected these and concluded a contract processing agreement with them. Photographs, film and/or sound recordings made during the event will be published afterwards to any cooperation partners and prize sponsors and received by them accordingly. In this context, the data will also be shared with FC Bayern München AG in accordance with §§ 15 ff. AktG (German Stock Corporation Act) with companies affiliated with FC Bayern München AG. Photographs, film and/or audio recordings made during the event and subsequently published on online platforms of FC Bayern München, such as the website, the official Club TV and social media platforms, in print media of FC Bayern München and in the general press, will be received by the users who access the content in question. In order to ensure coverage by the general press, the press publishers receive the photos, films and/or sound recordings created. |
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An active transfer to a third country does not take place. However, insofar as the data is published via our online platforms, your data can be accessed by users from third countries. |
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We process and store your personal data, which are required for the execution of the competition, for as long as this is necessary for the execution of the competition. In individual cases, the storage may also continue beyond the termination of the contract, insofar as there is a legitimate interest on the part of the FC Bayern München AG in the data processing. Furthermore, data will not be deleted if legal provisions or official decisions require longer storage. If personal data has been collected from you by means of photo, film and/or sound recordings, there is no end to the storage. If the data processing is based on your consent, the data will only be deleted after revocation of your consent. This does not apply to group photos in which you are depicted. Please refer to section 9. If the data processing is based on a legitimate interest of the FC Bayern München AG in the data processing, the data will be deleted as soon as you object to the processing or the legitimate interest in the data processing expires. This does not apply to group photos in which you are depicted. Please refer to section 9. 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. |
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As a data subject, you have the following rights according to the DSVGO:
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Since the data processing is not based on your consent under data protection law, it is not possible to revoke your consent. You can revoke your consent at any time with effect for the future. The validity of the data processing lawfully carried out until the revocation is not affected by the revocation. Please address your revocation to the above-mentioned person responsible or data protection officer. The revocation has the effect that published photos in which you are depicted will be removed from the FC Bayern München's online platforms and no further photos will be posted. In the case of publication of a group photo, the subsequent revocation of an individual person does not, in principle, result in the image having to be removed. In the case of publication of moving images, there will also be no deletion in cases where you are not the focus of a scene due to media design, which does not influence the character of the publication as a whole only insignificantly. An insignificant influence is particularly given in the case of scenes in which it is not only a very small period of time in relation to the length of the entire publication or in which you only appear as part of an overall composition. You also hereby acknowledge that deletion of the recordings from the online platforms may take up to five working days after receipt of his revocation. Please note here that in particular photo, film and/or sound recordings are made accessible by the FC Bayern München to third parties through publications on its online platforms. A reproduction of image files on which you are depicted on the Internet by third parties cannot be controlled by the FC. Accordingly, it cannot be ruled out that the recordings may be processed by third parties even after revocation. Furthermore, it cannot be ruled out that the published content is in turn shared by other users. |
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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 |
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The provision of your name and contact details is necessary for the implementation of the competition. This is the only way we can determine the winners, notify the winners and send the winners their prizes. Participation in the competition is not possible without the data processing. |
Version: August 2024
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