General Terms and Conditions of Participation: Viessmann Christmas Raffle
General Terms and Conditions of Participation and Notice on Use of Your Personal Data for the FC Bayern and Viessmann Christmas 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 competitions Viessmann and FC Bayern München Christmas Raffle organized and offered by FC Bayern München AG (hereinafter, “FC Bayern München”) and to their implementation.
1.2. Competitions will be organized by FC Bayern München AG, Säbener Straße 51 - 57, 81547 Munich. Where a Sponsor provides the prize, it alone is the promiser of a reward within the meaning of Article 657 German Civil Code. The Sponsor is Viessmann Climate Solutions SE, Viessmannstraße 1, 35108 Allendorf (Eder). Notifications to FC Bayern München are to be sent by email to the following email address: email@example.com
1.3. By participating in a competition, which FC Bayern München offers and organizes, the Participant expressly recognizes these General Terms and Conditions of Participation in a binding manner.
1.4. Hereinafter, the term “Competition” covers both competitions and sweepstakes Viessmann and FC Bayern München Christmas Raffle.
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 FC Bayern München 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, FC Bayern München reserves the right to exclude Participants pursuant to Article 5.1.
2.4 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 competition starts on December 22th, 2022, on the FC Bayern München Facebook and FC Bayern München Instagram page and ends on December 24th, 2022 (23:59 CET).
3.2 The participation of the competitions takes place by liking the competition posts on one of the pages listed in point 3.1 within the stated timeframe.
3.3 Participants in the competition 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.
4.1 Among all participants from point 3.2 the following prizes will be raffled: one (1x) signed FC Bayern München Jersey.
4.2 The prize will be delivered to the winner free of charge.
4.3 Any pictorial or verbal presentation of the prize in the FC Bayern München competition description is not necessarily identical with the item won. There may be deviations, in particular, in the model, colour and features etc. FC Bayern München 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.
4.4 Non-cash 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.
4.5 Non-cash 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 FC Bayern München or the relevant prize sponsor.
5. Exclusion of Participants
5.1 FC Bayern München 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 FC Bayern München can exclude Participants, where there are substantial grounds for believing that, in the offers or events organized by FC Bayern München, they would make statements constituting a criminal offence, in particular, by using defamation or hate speech.
6. Exclusion of distribution of prizes
Where FC Bayern München 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, it is entitled to deprive the relevant Participant of the prize and to require its return.
7. Publication of names; promotion
FC Bayern München is entitled to announce the Winner’s name publicly on its websites or on the websites of its Cooperating Partner, unless the Winner expressly objects to such publication. The public announcement is made without guarantee.
FC Bayern München is entitled to discontinue or terminate the competition at any time. This applies, in particular, in cases of force majeure or where, for other organizational, technical or legal reasons, proper implementation of the FC Bayern München competition cannot be guaranteed or continued. Participants are not entitled to assert any claims against FC Bayern München in such cases. FC Bayern München expressly reserves the right to claim for losses incurred if discontinuation is caused by the conduct of a Participant.
9.1 Prizes, provided in accordance with offers by Cooperating Partners or prize sponsors, are offered by FC Bayern München exclusively on their behalf. In such cases, FC Bayern München 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 FC Bayern München or the Cooperating Partner and prize sponsors, where these provide the prize, within 10 days of delivery of the prize. Timely dispatch of notification suffices to comply with the deadline.
9.3 In addition, the statutory guarantee regulations apply to the extent that these are applicable, whereby the provisions limiting liability pursuant to Article 10 apply in case of assertion of a claim for damages.
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 FC Bayern Munich does not guarantee that all links and references made within the framework of the competition are correct or complete.
10.3 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 fulfilment 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.
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
FC Bayern München 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 FC Bayern München or the Cooperating Partner or prize sponsor after the end of the competition, in writing and/or by telephone. The claim to the prize only arises upon notification. If the prize notification is undeliverable, FC Bayern München is not obliged to make further inquiries.
13.3 The Participant must provide his/her correct postal address or telephone number. The claim to the prize expires, where the prize cannot be delivered to the Participant within 2 days of notification of the prize and the Participant is responsible for this. In such cases, FC Bayern München is entitled to identify a new Winner by selecting another Winner. For prizes, which are limited in time, shorter periods can be applied.
14.1 Upon conclusion of the contract, we collect personal data about you as a participant. This concerns your first and last name, age, date of birth, address, email address, and, if necessary, your telephone number. We will use this information solely to fulfil our obligations under the contract with you. For example, we will use your address to inform you of a win, or your email address to contact you.
The legal basis for the processing of your personal data is the fulfilment of the contract with you pursuant to Art. 6 (1) lit. b GDPR. If you have also granted your consent, the legal basis pursuant to Art. 6 (1) lit. a GDPR applies in addition.
14.2 We transfer personal data to external agencies to fulfil our contractual or legal obligations. We are required by law to transmit data to government agencies, such as tax authorities, regulators and law enforcement agencies.
14.3 Furthermore, your address data will be collected and processed for our own marketing purposes. We may use your email address and address information obtained in connection with the performance of a contract for advertising. For this, you declare your express consent. There is no distribution of information to third parties. You may object to this use at any time without incurring any costs for opposition. We will remind you of the option to object each time we use your email address for advertising purposes.
14.4 We will only process and store your personal data for as long as is necessary to fulfil our contractual obligations to you. After the expiry of our contractual obligations, your data will be blocked or deleted.
In addition, statutory retention requirements may exist, for example, commercial or tax-related retention requirements (e.g. Commercial Code, Tax Code). If such obligations exist for retention, we will block your data and delete it at the end of the retention period.
14.5 Find out your rights in relation to your personal information. Details can be found in Articles 15-21 of the General Data Protection Regulation.
1) Right to information
You may ask for confirmation as to whether and to what extent we are processing personal information concerning you. If this is the case, you can request information about this personal data and other information, such as the processing purposes.
2) Right to rectification and completion
You can request the correction of incorrect data. In consideration of the purpose of the processing, you can demand the completion of incomplete data.
3) Right to cancellation ("right to be forgotten")
You can request the deletion of your data, as far as its processing is no longer necessary. For example, if your data is no longer necessary for its original purpose, you have revoked your privacy statement, or the data has been improperly processed.
4) Right to restriction of processing
You may request the restriction of processing, for example, if you believe that the personal data is incorrect or the processing is unlawful, but you nevertheless reject the deletion of the data.
5) Right to data portability
You have the right to receive personal data concerning you in a structured, current and machine-readable format.
6) Right to objection You may, at any time for any reason arising out of your particular situation, object to the processing of certain personal data concerning you.
In the case of direct mail, you may at any time object to the processing of personal data concerning you for the purpose of such advertising (see also Clause 14.3)
7) Right to revoke your data protection consent
You may withdraw your consent to the processing of your personal data at any time with future effect. However, the lawfulness of the processing carried out until the revocation is not affected.
8) You can also lodge a complaint with a data protection supervisory authority at any time, for example, if you believe that data processing is not in line with data protection regulations.
15. Declaration of consent
15.1 I agree that my personal data (first and last name, age, date of birth, email address, telephone number, if applicable) may be collected, processed and used by FC Bayern Munich for the purpose of conducting the TNB lottery.
15.2 In addition, I agree, with my participation, that the above data may be passed on to service providers, partners and sponsors, wholly or partially responsible for completion of relevant tasks (for example, transport companies for the profit delivery, organizational processing of event participation) and also processed and used for the purpose named above.
15.3 With my participation, I do not grant consent for an extension of the purpose of the use of the data to be connected with it.
15.4 I have been advised that the personal data related to myself, collected in the context of the above purpose, will be collected, processed, used and transmitted in compliance with the German Federal Data Protection Act (BDSG). After the expiry of the above purpose, this information will be deleted unless statutory retention periods apply.
15.5 I have also been informed that the collection, processing and use of my data is voluntary. Furthermore, I have been informed that I can refuse my consent without detrimental consequences for me / alternative: with the result that (for example, the advance sale of tickets for FC Bayern Munich is excluded), or can withdraw at any time with effect for the future. I will address my declaration of revocation to:
FC Bayern Munich AG
Säbener Straße 51-57
15.6 In the case of revocation my data will be deleted upon receipt of my revocation declaration both at the FC Bayern Munich AG as well as at their sub-contractors (service providers, partners and sponsors).
16. Final provisions
16.1 Legal recourse is excluded.
16.2 The law of the Federal Republic of Germany applies exclusively.
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.
The entity offering the competition is:
FC Bayern München AG
Säbener Straße 51-57
81547 Munich, Germany
Munich District Court
Represented by its Executive Board
Telephone: +49 89 699 31-0
Fax: +49 89 64 41 65
Version: December 2022
Competition data protection notice (as at: December 2022)
Information letter on the collection of personal data for participation in the FC Bayern and Viessmann Christmas Raffle pursuant to Art. 13, 14 DSGVO
1. Identity of the responsible party
FC Bayern München AG
Säbener Straße 51-57
Telephone: +49 89 69931-0
Legally represented by the Board of Directors:
Oliver Kahn, Jan-Christian Dreesen, Andreas Jung, Hasan Salihamidžić
2. Contact details of the data protection officer
Telephone: +49 89 69931-0
3. Purposes for which personal data are to be processed
The overriding purpose of the data processing as a whole is the implementation of the competition. Your participation in the competition has created a contractual relationship between you and FC Bayern München AG or the prize sponsor on the basis of the conditions of participation. We process your data in order to fulfil our obligations arising from the contractual relationship.
Your name will be processed in order to be able to select the winner. Your e-mail address will be processed in order to notify you of your prize and, if necessary, to initiate and carry out further steps required for the transfer of the prize. Your address will be used to transmit the prize.
4. Legal basis of data processing
The data processing is carried out partly/totally for the fulfilment of the contractual relationship existing between FC Bayern München AG and the participating official partners (Article 6 para. 1 p. 1 lit. b DSGVO). In detail, this concerns the following data:
- Data that is required to carry out the competition (e.g. title, first and last name, e-mail address, address, age),
- Data required for the transmission of the prize (e.g. an event) within the scope of registration and participation (e.g. title, first and last name, e-mail address, address).
The data processing is also based on a legitimate interest of FC Bayern München AG (Article 6 (1) sentence 1 lit. f DSGVO). This concerns the following data:
- Your name in the context of the publication of the winner(s)
5. Recipients / categories of recipients
The data required to carry out 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 in accordance with §§ 15 ff. AktG (German Stock Corporation Act). Possible further recipients are also possible prize sponsors. Your age will only be transmitted insofar as this is necessary for the implementation of the competition.
6. Transmission to a third country
There is no active transmission to a third country. However, insofar as the data is published via our online platforms, your data can be accessed by users from third countries.
7. Storage duration
We process and store your personal data that are required for the implementation of the competition for as long as this is necessary for the implementation of the competition. In individual cases, the data may also be stored beyond the termination of the contract if FC Bayern München AG has a legitimate interest in processing the data. Furthermore, data will not be deleted if legal regulations or official decisions stipulate that the data must be stored for a longer period of time.
If the same data is collected on the basis of different legal grounds, the data will be deleted after the last legal basis has ceased to apply.
8. Rights of the data subject
As a data subject, you have the following rights under the GDPR:
- Information (Art. 15)
- Correction (Art. 16)
- Deletion (Art. 17)
- Restriction of processing (Art. 18)
- Objection to processing (Art. 21)
- Data portability (Art. 20)
- Revocation of consent, if applicable (Art. 7(3))
9. Right to withdraw consent
Since the data processing is not based on your consent under data protection law, it is not possible to revoke your consent.
10. Right to complain to a data protection authority
You can also lodge a complaint with a data protection supervisory authority, for example if you are of the opinion that the data processing does not comply with data protection regulations. The address of the competent supervisory authority is:
Bavarian State Office for Data Protection Supervision
PO Box 606
11. Provision of personal data mandatory or required
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 data processing.
FC Bayern München AG has a legitimate interest in reporting on the competition or event. The provision of your image and voice for the production of photographs, film and/or sound recordings or their publication is necessary for this purpose. The publication of the names of the winners is also necessary for this purpose.