General Terms and Conditions of Participation and Notice on Use of Your Personal Data for the FC Bayern Fan-Shop Newsletter competition
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 and sweepstakes 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 Cooperating Partner of FC Bayern München is a co-organizer, this partner will be explicitly identified on the relevant competition page. Where a Sponsor provides the prize, it alone is the promiser of a reward within the meaning of Article 657 German Civil Code. 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.
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 Cooperating Partners for the respective competitions, and 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 To participate in the competition the user has to subscribe the FC Bayern München Fan-Shop Newsletter.
3.2 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.
3.3 The deadline for participation is 13th of August 2017 on 23:59 CEST.
3.4 After the competition is completed, a draw of all participants will take place.
3.5 The winner will be informed as soon as possible.
4.1 The prize covers 3x2 tickets for the first FC Bayern München Bundesliga home match on 18th of August 2017 against Bayer 04 Leverkusen at the Allianz Arena in Munich.
4.2 Unless otherwise notified in the offer or separate Conditions of Participation, the non-cash 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 München is not liable for false information, provided in statements of, and disseminated by, Participants and/or third parties, including any Cooperating Partners of FC Bayern München, and associated with dissemination of information on the competition.
10.2 FC Bayern München provides no guarantee that all links and references provided within the context of the competition are accurate and complete.
10.3 FC Bayern München is not liable for damages because of breakdowns of technical equipment, delays or interruptions of transmissions nor for damages connected to participation in the competition or with acceptance and use of the prize, except where FC Bayern München or its agents act with intent or gross negligence. Any claims for damages for injury to life, limb and health or violation of fundamental contractual obligations are not affected hereby.
10.4 In addition, the liability of FC Bayern München and its agents for violating contractual obligations and liability in tort is limited to gross negligence. This does not apply in the event of injury to life, limb and health of the Participant or claims due to violation of cardinal obligations, i.e. obligations, which derive from the nature of the contract and where violation jeopardizes attainment of the contractual purpose.
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 Where multiple Participants have found the right solution in a competition, the Winner will be found by the drawing of lots. Each Participant is limited to one prize, unless repeated prizes are expressly offered as a reward.
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 prize awarded will be distributed if the separate Conditions of Participation for the competition are met.
13.4 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. Data protection
Declaration of Consent to Data Processing and to Data Protection:
Data collected within the scope of participation in a competition (first and last name, age, date of birth, email address or telephone number) is collected by FC Bayern München, processed and used for implementation of the competition. Where the Participant is among the Winners, the data required to carry out prize organization will be processed and used.
FC Bayern München is also entitled to provide data for operation of the competition to service providers, partners and sponsors, who perform tasks, in whole or in part (e.g. transport companies to deliver the prize, organization of event participation). The obligations of such service providers follow these provisions in relation to data protection law. This does not entail any expansion of the intended purpose of data use. Insofar as a declaration of consent is required, this will be obtained from you within the scope of the competition.
We shall use your data to be able to send you information concerning current events and attractive offers. You may unsubscribe from the newsletter at any time via the link at the end of the newsletter or directly via your user profile.
Further information is available in the Data Protection Policy of FC Bayern München at www.fcbayern.com/de/datenschutz.
15. Concluding provisions
15.1 The judges’ decision is final.
15.2 The law of the Federal Republic of Germany applies exclusively.
15.3 Amendments or additions to these Terms and Conditions of Participation shall only be effective if made in the written form. The same applies with respect to waivers of the written form requirement.
15.2 Should one or more of the present clauses be invalid, ineffective or unenforceable, in whole or in part, the remaining provisions will remain unaffected thereby.
15.5 The place of performance and place of jurisdiction is Munich, where an agreement regarding this is legally permissible. Otherwise the headquarters or residence of the defendant Party will apply.
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