Terms of Participation in the Competition "JAMES"
1. Organiser, Scope and Recognition of the general Terms of Participation
1.1. These Terms apply to the participation in the competition "JAMES" of FC Bayern München AG (hereinafter referred to as "FC Bayern München").
1.2. The competition is organised by FC Bayern München AG, Säbener Straße 51 - 57, 81547 Munich.
1.3. By participating in the competition the participant accepts these general Terms of Participation explicitly and bindingly.
2.1 All individuals, who place an order over 20€ in the online-shop or official local fan-shops and have reached the age of 18, may enter the competition. Minors under 18 years of age are excluded from participation. A profit distribution to minors does not take place.
2.2 FC Bayern München employees and all persons who are or have been engaged in organising the respective competition are excluded from participation. The same applies to first and second relatives (Section 15 of the General Tax Code) of these persons as well as their cohabiting life partners.
2.3 Participation in the competition is possible each time an order is placed. All orders placed in the FC Bayern online-shop participate in the draw.
2.4 The participant is responsible for the correctness of the data provided by him (e.g. e-mail address or telephone number).
3. Sequence of the competition
3.1 All participants who have placed an order in FC Bayern online-shop 2017 participate in the drawing of the prizes listed under point 4 by way of an automated procedure.
3.2 Time period of the competition: 06.08.17 - 07.08.2017. The winner is drawn after the promotion and contacted by e-mail/telephone. The prizes sent to the winners by post.
4.1 The prizes consists of 5 home shirts, size L, originally signed by James Rodriguez
4.2 The prizes described in the competition description provided by FC Bayern München, possibly presented in visual or verbal form, is not necessarily identical with the object to be won. Deviations, in particular in colour and form etc., are possible. FC Bayern München may select an object of average kind and quality, which is equivalent to the object offered as a prize.
5. Exclusion of Participants
5.1 FC Bayern München reserves the right to exclude participants from participating in the competition. This applies in particular to culpable breaches of the Terms of Participation, e.g. due to false statements or where participants manipulate or attempt to manipulate the game or use other dishonest means.
5.2 FC Bayern München may exclude participants in respect of whom there are substantial grounds for believing that they will express themselves in a criminal, notably in a defamatory or racist manner, at offerings or events organised by FC Bayern München.
6. Exclusion of the Prize Distribution
If FC Bayern München subsequently establishes that the participant has met any of the criteria for exclusion as defined by paragraph 5 or is not eligible to participate within the meaning of paragraph 2, it may subsequently deny the relevant participant the prize and request that it be returned.
7. Publication of Names; Promotion
FC Bayern München is entitled to publicly disclose the winner's first name and place of residence on its website or on the website of its partners, unless the winner expressly objects to such publication. The public announcement is made without liability.
8. Cancellation of the Competition
FC Bayern Munich reserves the right to cancel or to terminate the competition at any time. This applies, in particular, in the case of an act of God or if, for other organisational, technical or legal reasons, the proper organisation of the FC Bayern Munich competition cannot be guaranteed or continued. In such a case, the participants will not be able to assert claims against FC Bayern München. FC Bayern München reserves the explicit right to claim damages in the event that the cancellation was caused due to the behaviour of a participant.
9.1 Obvious defects in the prize shall be communicated to FC Bayern München within 10 days after the prize has been presented. The notice period shall be deemed to be observed if such notification is sent in good time
9.2 In all other respects, the statutory warranty provisions shall apply insofar as they are applicable, although the liability-limiting provisions set forth in paragraph 10 shall apply where damages are claimed.
10.1 FC Bayern München shall not be liable for any false information that is expressed and disseminated by the participants and/or third parties, including any partners of FC Bayern München, and that is connected to the dissemination of information about the competition.
10.2 FC Bayern München assumes no liability for the correctness or completeness of all links and references made during the competition.
10.3 FC Bayern München shall not be liable for damages resulting from problems with technical equipment, for delays or interruptions to transmission or for damages arising in connection with the participation in the competition or with the acceptance and use of the prize, unless FC Bayern München or its agents act intentionally or with gross negligence. This shall not affect any claims for compensation resulting from injury of life, limb and health as well as from breaches of material contractual obligations.
10.4 Furthermore, the liability of FC Bayern München and its agents is limited to contractual breaches of duty and to offences involving deliberate intent and gross negligence. This does not apply in the event of injury of the participant's life, limb or health or claims for the violation of cardinal duties, viz. duties resulting from the nature of the contract and which, in the event of infringement, endanger the achievement of the purpose of the contract.
11. Relationship between oral Statements / written Terms of Participation
If oral statements contained in the offers deviate from the above Terms of Participation, the rules in these Terms of Participation apply exclusively to the deviating data.
12. Modification of the Terms of Participation
FC Bayern München reserves the right to change the Terms of Participation. Changes to a current competition, not least through the modification of the rules, the simulation of other users or missing users or interference in user selection or the reduction of the prize are, however, prohibited.
13. Other Rules for the Implementation and Execution of the Competition
13.1 There is no entitlement to compensation in cash of the prize or a subsequent change in the prize. An assignment or a resale of the prize is not possible or permitted.
13.2 The winner will be notified by FC Bayern München AG by telephone and/or e-mail.
14. Data Protection
Declaration of consent to data processing and data protection:
The data collected during participation in the competition (name, age, date of birth, e-mail address, telephone number, if applicable) are collected, processed and used by FC Bayern München for the purpose of organising the competition. If the participant is among the winners, the necessary data will be processed and used in organising the competition event.
FC Bayern München may also to release data required for organising the competition to service providers, partners and sponsors assuming partial or complete tasks (e.g. transport companies for the delivery of the prize, organisation of event participation). The obligation on such service providers is analogous to the data protection regulations. This does not constitute an extension of the purpose of the data use. If a declaration of consent is required, this will be obtained from you during the competition. FC Bayern München reserves the right to provide you with information about goods or services which are similar to the purchased goods and services.
Further information can be found in the Privacy Statement of FC Bayern München at www.fcbayern.com/de/datenschutz.
15. Final Provisions
15.1 Legal recourse is excluded.
15.2 The laws of the Federal Republic of Germany apply exclusively.
15.3 Any deviations from these Terms of Participation must be in writing. The same applies with regard to the waiver of the requirement of the written form.
15.4 Should one or more of the above clauses be or become completely or partly void, invalid or unenforceable, the remaining conditions shall remain unaffected.
15.5 Place of performance and jurisdiction is Munich, provided such an arrangement is permissible. Otherwise, the domicile or the residence of the defendant shall apply.
16. Provider of the Competition
Provider of the competition is:
FC Bayern München AG
Säbener Straße 51-57
District Court Munich
represented by the Management Board
Telephone: +49 89 699 31-0
Fax: +49 89 64 41 65
Last update: August 2017