AGB’s Digital Fan Engagement Survey
Participation in online competitions in BVB’s international Facebook group is subject to the following conditions. Online competitions may only be conducted online.
§ 1 Competition
Competitions are carried out by Borussia Dortmund GmbH & Co. KGaA in cooperation with BVB Merchandising GmbH and Sports & Bytes GmbH.
§ 2 Participation
(1) Only adults are eligible to participate. Minors require the permission of their legal guardians in order to participate, provided this is not expressly forbidden.
(2) A person participates in the competition by completing the survey and confirming this survey by pressing the “Thank you very much” button. The participant alone is responsible for ensuring that the data entered is correct, especially the e-mail address. Answers to the survey must be submitted by the deadline specified. Observance of the deadline is verified by electronically logging receipt of survey participation.
(3) In order to participate in the competition, it is imperative that all personal data entered is true and correct. Otherwise, participants may be excluded from the competition in compliance with § 3 (4).
§ 3 Exclusion from the competition
(1) Borussia Dortmund reserves the right to exclude persons from the competition should these terms and conditions be contravened.
(2) Persons employing unauthorised aid or attempting to gain an unfair advantage through manipulation will also be excluded. In such cases, any prizes awarded may be retrospectively revoked.
(3) Anyone entering incorrect data may be excluded from the competition.
§ 4 Execution and settlement
(1) Winners will be informed via e-mail by Borussia Dortmund. Should a winner fail to reply to the e-mail confirmation of their win within 14 days of the mail being sent, their win becomes invalid and a new winner will be drawn. The winner’s claim to a prize shall be forfeited if the prize cannot be sent to the winner within 6 months of notification due to circumstances caused by the winner.
(2) Prizes will be sent via post to the address provided by the winner. Delivery will be free of charge. The place of supply shall remain the premises of Borussia Dortmund despite the assumption of postage costs.
(4) There is no cash alternative to the prize.
(5) Claims to the prize or alternative prizes are non-transferable.
(6) Complaints about the execution of the competition must be addressed in written form referring to the competition within 14 days of the publication of the reason to Borussia Dortmund GmbH & Co. KGaA, BVB-international Fan Relations team, Rheinlanddamm 207-209, 44137 Dortmund. Telephone or delayed complaints will not be processed.
§ 5 Premature ending of the competition
Borussia Dortmund reserves the right to interrupt or cancel the competition at any time without prior notice and without explanation. Borussia Dortmund will make use of this right, in particular if a proper and correct execution of the competition is effectively not possible due to technical reasons like a virus in the computer system, a manipulation or errors in the hard/software, misuse due to bulk-submit, loss of data due to technical problems. Should the competition have to be cancelled for these reasons due to the behaviour of a participant, Borussia Dortmund may demand compensation from this person.
§ 6 Data Protection
Borussia Dortmund is committed to respecting the legal framework surrounding data protection. Here we are referring to the General Data Protection Provisions. All information provided will only be used in connection with deciding the competition winners, unless a participant has provided express permission to be registered for the BVB newsletter and confirmed this registration by clicking on an individual link. Afterwards, the participant will receive the free newsletter. This permission may be revoked at any time by sending a short message via post or e-mail to firstname.lastname@example.org.
§ 7 Liability
(1) Borussia Dortmund is free from all obligations once the prize has been presented, unless an earlier timeframe arises from these terms and conditions.
(2) Borussia Dortmund is only liable for damages caused by Borussia Dortmund or its partners through intent or negligence or the breach of cardinal obligations. This does not apply to damages that have occurred which result in injury to life, body and health. The aforementioned disclaimer shall in particular apply to damages arising as a result of mistakes, delays or interruptions in the transfer of data, through technical defects or in services, or through incorrect content, loss or deletion of data and viruses.
§ 8 Miscellaneous
(1) The organiser’s decision is final and there is no recourse to the courts.
(2) Only the laws of the Federal Republic of Germany shall be applicable.
(3) Should individual terms and conditions be or become invalid, the remaining terms and conditions shall remain unaffected.
§ 9 Facebook promotion
This promotion is not connected in any way to Facebook and is not sponsored, supported or organised by Facebook. The recipient of the data you entered is not Facebook, but rather Borussia Dortmund GmbH & Co. KGaA in cooperation with BVB Merchandising GmbH and Sports & Bytes GmbH. Information provided will only be used to determine the winners, unless the participant has registered for the BVB newsletter and confirmed this in a subsequent e-mail.
§ 10 prize-giving free of charge
All winners of the competition will get their prizes free of charge.
§ 11 Determination of winners
After the termination of the competition it will be an electronic, randomized determination of the winners. This will be executing under supervision and random number generator.
Borussia Dortmund GmbH & Co. KGaA - Rheinlanddamm 207-209 - D-44137 Dortmund
Telefon: + 49-231-90 20 0 - E-Mail: email@example.com - www.bvb.de
ACKNOWLEDGMENT AND RELEASE
In consideration of Borussia Dortmund GmbH & Co.KGaA (BVB) and its affiliated companies permitting me and/or one or more minors who I am accompanying to take part in the survey I acknowledge and agree:
1. I hereby represent and warrant that I am over the age of eighteen (18) and of the age of majority in the jurisdiction in which I reside.
2. FOR PARENTS/GUARDIANS OF A MINOR PARTICIPANT: I acknowledge that the terms of this Acknowledgement and Release will apply with respect to each minor identified by me in the registration form for the survey (each a “Minor”). I represent and warrant that (a) I am the parent and/or legal guardian of each Minor, (b) I have the capacity and the full right to execute this Acknowledgment and Release on my own behalf and as ratification and confirmation of all terms and conditions of this Acknowledgment and Release on behalf of and with respect to each Minor, (c) this Acknowledgement and Release will be fully binding on Minor and each of Minor’s heirs, parents, guardians, successors, assigns and representatives, and (d) neither I nor Minor will disaffirm or disavow this Acknowledgement and Release on the grounds that Minor is a minor or on any other grounds.
4. I (for myself, and on behalf of each Minor, if a Minor is participating) expressly assume all dangers and risks relating to or arising out of participation in the survey whether or not arising out of the negligence of (BVB) and/or any other Releasee (as defined in paragraph 5 below) or otherwise.
5. I (for myself, and on behalf of each Minor, if a Minor is participating) hereby forever release and discharge (BVB) each of their parent companies, subsidiaries and affiliated entities, all governing leagues, all of the partners, agents and licensees of each of the foregoing, all of the successors and assigns of each of the foregoing, and each of their respective employees, directors, officers, members and partners (collectively referred to as the “Releasees”) from and against (a) any and all causes of action, suits, demands or claims whatsoever, that I, or my heirs, executors, administrators, successors or assigns have or hereafter, at any time, shall or may have against the Releasees, arising out of or in connection with participation in the Activity whether or not arising out of the negligence of (BVB) and/or any other Releasee or otherwise (including, without limitation, any and all causes of action, suits, demand and claims arising out of or relating to any personal injury, property loss or damage suffered by me, any Minor or any third party) and (b) any and all damages, penalties and liabilities of any kind that may result from the Activity or participation by me or any Minor in the Activity.
7. If a Minor is participating, I shall defend, indemnify and hold harmless each of the Releasees from and against any and all causes of action, suits, demands or claims whatsoever asserted against any of the Releasees arising from or related to the Minor’s participation in the Activity (including, without limitation, any claim asserted by or on behalf of a Minor).