Conditions of participation and information on the use of your personal data in the FC Bayern Munich "X-MAS" competition
1. organiser, scope and acceptance of the general conditions of participation
1.1 These terms and conditions apply to participation in the "X-MAS" lottery organised and conducted by FC Bayern München AG (hereinafter referred to as "FCB"). Insofar as a sponsor provides the prize, the sponsor alone shall be the organiser within the meaning of §657 BGB. FCB shall be notified by e-mail to the following address: firstname.lastname@example.org
1.2 By participating in the Promotion in accordance with point 3, the Participant expressly and bindingly accepts these Terms and Conditions of Participation
1.3 In the following the term "contest" includes the "X-Mas" contest.
2. eligibility to participate
2.1 All natural persons resident in Germany who have reached the age of 18 and who during the competition period (see 3.1) place an order in the FC Bayern Munich Online Shop or fill out one of the competition cards available in the official FC Bayern stores and hand it in at the store or insert it in the designated competition box are entitled to participate. Minors under the age of 18 are excluded from participation. No prizes will be distributed to minors.
2.2 Employees of FC Bayern München AG as well as those close to them are excluded from participation. AktG of affiliated companies. Employees of cooperation partners of the respective competition as well as of the prize sponsors involved and all persons who are or were employed in the implementation of the respective competition are also excluded. The same applies to first and second degree relatives (Section 15 of the German Fiscal Code) of these persons and their partners in a marriage-like relationship.
2.3 Each person may only participate once in the competition. Multiple participation is not permitted. FCB reserves the right to exclude participants in the event of multiple participation in accordance with clause 5.1.
2.4 The participant is responsible for the correctness of the data he/she has provided (e.g. e-mail address or telephone number).
3. procedure of the competition
3.1 The competition starts on 08.11.2020 and ends on 24.12.2020. All participants who have placed an order in the online shop during the competition period or who have filled in one of the competition cards available in the official FC Bayern stores and handed it in at the store or inserted it in the designated competition box, will take part in the draw for the prizes listed under point 4 via an automated procedure.
Participants in the competition have the same chance and the basic possibility of being selected throughout the entire duration of the competition if a technical selection procedure is used. The timing as well as the selection of users is in this case subject to the principle of random selection.
4.1 The following prizes will be raffled among all participants in the competition. A cash payment of the prize value or an exchange of the prize is excluded. The prize entitlement is not transferable.
1. one Scott addict eRide 10 Bike in an exclusive FC BAYERN edition in the
value of 6.500 €
2. 3 x 1 framed and signed FC Bayern 120 years jersey
3. 5 x 1 signed FC Bayern Home Shirt
4. 10 FC Bayern shopping vouchers worth €100
5. 15 FC Bayern shopping vouchers worth €50
6. 20 FC Bayern shopping vouchers worth €25
4.2 The first prize, the Scott bicycle, will be presented to the winner in a specialist shop near his or her place of residence. The non-cash prizes and prize vouchers will be delivered free of charge.
4.3 The prize, which may be presented orally or visually in the competition, is not necessarily identical with the object to be won. Deviations are possible, in particular in model, colour and equipment etc. as well as in the number and arrangement of the signatures. The FCB or its cooperation partner or the prize sponsor may select an item of a medium type and quality equivalent to the prize-winning item.
4.4 Material prizes and prize vouchers shall be delivered directly by the prize sponsor or a third party commissioned by the prize sponsor to the address provided by the winner, if applicable. Delivery shall be made regularly 4 (four) weeks after receipt of the notification of the prize. However, this period is not binding and can be extended in a reasonable manner depending on the circumstances.
4.5 Prizes in kind will not be paid out in cash. Should the prize no longer be available, the winner will receive an equivalent replacement or voucher from FCB or the respective prize sponsor.
5. exclusion of participants
5.1 FCB reserves the right to exclude participants from participation in the competition. This shall apply in particular in the event of culpable breaches of the conditions of participation, e.g. by providing false information or if participants manipulate or attempt to manipulate the participation process or the game or make use of other dishonest aids.
5.2 The FCB may exclude participants for whom there is reasonable suspicion that they will make themselves known in the FCB's offers or events in a punishable, in particular defamatory or inciting manner.
6. exclusion from the distribution of profits
If the FCB subsequently finds that the participant has realised a reason for exclusion within the meaning of Clause 5 or was not eligible within the meaning of Clause 2, it is entitled to confiscate the prize from the participant concerned and to reclaim it.
7. publication of names; promotion
FCB is entitled to publish the first name and place of residence of the winner on its Internet pages or on the website of its cooperation partners, unless the winner expressly objects to such publication. The public announcement is made without guarantee. In addition, the FCB shall be entitled to pass on the winner's data to the prize sponsor for the purpose of contacting him/her for the purpose of awarding the prize.
8. cancellation of the competition
FCB reserves the right to cancel or terminate the competition at any time. This shall apply in particular in the event of force majeure or if for other organisational, technical or legal reasons FCB cannot guarantee or continue the proper execution of the competition. In such a case the participants shall have no claims against FCB. FCB expressly reserves the right to assert claims for damages incurred in the event that the cancellation was caused by the behaviour of a participant.
9.1 Profits provided in accordance with the offer by cooperation partners or prize sponsors shall be offered by the FCB only in their name. In such cases FCB shall not be responsible for the timely and complete distribution of the winnings or for defects of quality or title or for the insolvency of the cooperation partner and the resulting consequences for the lottery.
9.2 Obvious defects of the prize must be reported to the FCB within 10 days of the handover of the prize. Timely dispatch of the notification shall be sufficient to comply with the deadline for notification.
9.3 FCB does not warrant that all links and references made within the scope of the competition are correct or complete.
9.4 In all other respects, the statutory warranty provisions shall apply to the extent that they are applicable, whereby the liability-restrictive provisions pursuant to Clause 10. shall apply in the event of a claim for damages.
10.1 FCB shall not be liable for any false information expressed and disseminated by participants and/or third parties, including any cooperation partners of FCB, in connection with the dissemination of information on the competition.
10.2 FCB shall be liable without limitation in the event of intent and gross negligence. In the event of a slightly negligent breach of a principal obligation or an accessory obligation, the breach of which jeopardises the achievement of the purpose of the contract or the fulfilment of which is essential to the proper execution of the contract and on the fulfilment of which the participant could rely (hereinafter referred to as "principal accessory obligation"), the liability of the FCB shall be limited to damages typical for the contract and foreseeable at the time the contract was concluded. FCB is not liable for the slightly negligent breach of contractual accessory obligations which are not part of the essential accessory obligations.
10.3 The above exclusions and limitations of liability do not apply to culpably caused damages resulting from injury to life, limb or health, to liability for claims of the participant based on the Product Liability Act or on fraudulent misrepresentation, or in the event of the assumption of a quality guarantee. This does not imply a change in the burden of proof to the disadvantage of the participant.
10.4 The above exclusions and limitations of liability also extend to the personal liability of the legal representatives and vicarious agents of the FCB.
11 Relationship between verbal information/ written participation conditions
If verbal information in the offers deviates in content from the above conditions of participation, the provisions of the General Conditions of Participation or the written special conditions of participation of the respective competition apply exclusively with regard to the deviating information.
12. change of the conditions of participation
FC Bayern München reserves the right to change the conditions of participation. However, changes in an ongoing competition, in particular by changing the rules of the game, pretending to be other users or missing users or interfering with the selection of users or reducing the prize are not permitted.
13. other regulations for the implementation and handling of the competition
13.1 Each participant is limited to one prize.
13.2 The winner will be notified by the FCB in writing and/or by telephone after the end of the competition. The claim to the prize shall only arise upon notification. In the event of an undeliverable prize notification, FC Bayern Munich shall not be obliged to make any further enquiries.
13.3 The participant must correctly enter his/her postal address or telephone number. The claim to the prize is forfeited if 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 a case, FC Bayern Munich is entitled to determine a new winner by means of a new selection. Shorter deadlines may also apply to prizes which are subject to a time limit.
14. data protection
14.1 Upon conclusion of the contract we collect personal data about you as a participant. This includes your first and last name, age, date of birth, address, e-mail address and telephone number. We use these data exclusively for the fulfilment of our obligations arising from the contract with you. For example, we use your address to send you a prize or your e-mail address to contact you.
The legal basis for the processing of your personal data is the fulfilment of the contract with you in accordance with Art. 6 para. 1 lit. b DSGVO. If, in addition, you have given your consent, the legal basis pursuant to Art. 6 para. 1 lit. a DSGVO also applies.
14.2 We transmit personal data to external parties in order to fulfil our contractual or legal obligations. We are legally obliged to transmit data to state authorities, e.g. tax authorities, supervisory authorities and law enforcement agencies.
14.3 Furthermore, your address data is collected and processed for our own marketing purposes. We may use your e-mail address and address data which we receive in connection with the performance of a contract for advertising purposes. You declare your express consent to this. Your data will not be passed on to third parties. You can object to this use at any time without incurring any other costs for the objection. We will remind you of the possibility of objection each time your e-mail address is used for advertising purposes.
14.4 We process and store your personal data only as long as this is necessary to fulfil our contractual obligations towards you. Your data will be blocked or deleted once our contractual obligations cease to apply.
In addition, there may be statutory storage obligations, e.g. commercial or tax storage obligations (e.g. German Commercial Code, German Fiscal Code). If such obligations to retain data exist, we will block your data and delete it at the end of the retention period.
14.5 Here you will find your rights in relation to your personal data. Details are set out in Articles 15-21 of the Basic Data Protection Regulation.
1) Right of access
You can request confirmation as to whether and to what extent we process personal data concerning you. If this is the case, you can request information about this personal data as well as further information, e.g. the processing purposes.
2) Right of rectification and integration
You may request that incorrect data be corrected. Taking into account the purposes of the processing, you may request the completion of incomplete data.
3) Right of erasure ("right to be forgotten")
They can demand the deletion of their data as far as the processing is no longer necessary. This is the case, for example, if your data are no longer necessary for the original purposes, if you have withdrawn your consent under data protection law or if the data have been processed unlawfully.
4) Right to limit processing
You can ask for the processing to be restricted, for example if you think that the personal data is incorrect or the processing is unlawful but you still refuse to have the data deleted.
5) Right to data transferability
You have the right to receive personal data concerning you in a structured, common and machine-readable format.
6) Right to object
You may at any time object to the processing of certain personal data concerning you for reasons arising from your particular situation.
In the case of direct marketing, you may at any time object to the processing of personal data concerning you for the purpose of such marketing (see also point 14.3);
7) Right to withdraw your consent to data protection
You can revoke your consent to the processing of your personal data at any time with effect for the future. However, this does not affect the lawfulness of the processing carried out up to the point of revocation.
8) You can also lodge a complaint with a data protection supervisory authority, for example if you believe that data processing is not in compliance with data protection legislation.
15) Declaration of consent
15.1 I agree that my personal data (first and last name, age, date of birth, e-mail address, telephone number if applicable) of FC Bayern München AG may be collected, processed and used by the FCB for the purpose of conducting the competition.
15.2 Furthermore, by entering the competition, I agree that the above-mentioned data may be passed on or transmitted to service providers, partners and sponsors who perform tasks in whole or in part (e.g. transport companies for the delivery of prizes, organisational handling of event participation) and may also be processed and used there for the above-mentioned purpose.
15.3 By participating, I do not agree that an extension of the purpose of the data use is associated with this.
15.4 I have been informed that the personal data of my person collected within the scope of the above-mentioned purpose will be collected, processed, used and transmitted in compliance with the Federal Data Protection Act (BDSG).
After the above-mentioned purpose no longer applies, they will be deleted within 24 hours.
15.5 I have also been informed that the collection, processing and use of my data is voluntary. Furthermore, that I may refuse or revoke my consent with the consequence that I can no longer participate in the competition 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 event of revocation, my data will be deleted both by FCB and its subcontractors (service providers, partners and sponsors) upon receipt of my revocation notice.
16 Alternative Dispute Resolution pursuant to the Consumer Dispute Resolution Act
FCB is neither willing nor obliged to participate in dispute resolution procedures before a consumer dispute resolution body.
17. legal action, applicable law, partial invalidity
17.1 Legal recourse is excluded.
17.2 German law shall apply. If the participant has his habitual residence in a state of the European Economic Area other than Germany, he shall be protected in accordance with the relevant provisions of his state of residence, which may not be deviated from by agreement.
17.3 Should one or more provisions of these conditions of participation be or become invalid in whole or in part, this shall not affect the validity of the contract and the remaining provisions.
18. lottery provider
FC Bayern Munich AG
Säbener Strasse 51-57
Munich Local Court
represented by the Board of Directors
Phone: +49 89 699 31-0
Fax: +49 89 64 41 65
Status: November 2020