Terms and Conditions for Participating in the Summer Engagement Campaign ‘Skilling It’
No purchase or payment of any kind is necessary to enter or win. A purchase will not improve the chances of winning. Only valid in the United States of America (excluding the states of Florida and New York) and the District of Columbia (excluding Puerto Rico). Void where prohibited.
- Contest
1.1 DFL Deutsche Fußball Liga GmbH, Guiollettstrasse 44-46, 60325 Frankfurt/Main, Germany, ("DFL") conducts an online contest to build up the excitement for the start of the Bundesliga season 2019/2020 ("Contest") on DFL’s broadcaster FOX Sports’ official accounts at the social media platforms at Facebook (FOXSoccer and FOXSports), Twitter (@FOXSoccer and @FOXSports) and Instagram (foxsoccer and foxsports). The participation in the Contest and how it is conducted are governed by these Terms and Conditions ("Ts&Cs") which the participant ("User") recognizes as binding upon the User by participating in the Contest.
1.2 The Contest will be conducted from 1 August 2019, 12:01 AM (EST) until 18 August 2019, 11:59 PM (EST). Any transmissions for the Contest received after the close for participation will not be considered.
1.3 Participation is possible by posting of text, photo, image or video as reply to the respective Contest post on DFL’s broadcaster FOX Sports’ official accounts at the social media platforms at Facebook (FOXSoccer and FOXSports), Twitter (@FOXSoccer and @FOXSports) and Instagram (foxsoccer and foxsports). To enter the Contest the User must have a valid Facebook, Twitter and/or Instagram account, and such account(s) will be governed by the terms of service for the respective social media platform. This text, photo, image or video should outline the story of the User about what he/she is looking forward to next Bundesliga season.
1.4 All Users of the Contest which have shared their story will be eligible to win one of the following thirteen prizes:
- 1st prize: two tickets for a Bundesliga match of the winner’s choice in Germany in the first leg of the season 2019/2020 (including travel for two from a major airport near the winner’s residence to Germany, hotel accommodation for three nights and reasonable catering, as well as local and ground transportation in Germany from/to the airport, the hotel, the stadium and during other activities organized by DFL around the Bundesliga match visit) and one unsigned jersey of this winner’s and one of his/her companion’s favorite Bundesliga team (total value of prize: ca. EUR 4,300.00 / USD 5,000.00)
- 2nd to 5th prize: for each winner, one unsigned jersey of the players of the clubs of the Bundesliga (value of each prize: ca. EUR 80.00 / USD 90.00).
- 6th to 9th prize: for each winner, one replica match ball (value of each prize: ca. EUR 30.00 / USD 35.00)
- 10th to 13th prize: for each winner, one small match ball (value of each prize: ca. EUR 13.00 / USD 15.00)
1.5 On or about 30 September 2019, an independent committee will pre-select 20 entries which stand out comparing to other entries, means they are particularly interesting, original and/or creative. Every member of this independent committee will then collect the thirteen winners by awarding points from 1 to 20 to these pre-selected entries. The points of all committee members will be added up. The entry with the most points will win the first prize, followed - in descending order - by the entries with the second-most points to the thirteenth-most points.
1.6 An alternate winner will be selected by the independent committee of the remaining entries of the pre-selection based on the next highest rated entry in the following cases: (i) the respective winner has not reached the age of maturity, (ii) DFL demanded return of a prize that has already been granted in the situations described in Clause 2.4, (iii) the respective winner does not contact DFL after being notified within the period of time mentioned in Clause 3.2, and/or (iv) the respective winner provides false or fake personal information and/or (v) the winner of the top prize and his/her companion are not in possession of necessary travel documents (e.g. passport, visa etc.) in a timely manner.
- Authorization to participate and win, countries
2.1 Only individuals who are permanent, legal residents of the United States (excluding residents of the states of Florida and New York) and the District of Columbia (excluding residents of Puerto Rico), and have reached the age of maturity in their resident state are entitled to participate in the Contest.
2.2 Participation in the Contest is free of charge.
2.3 The User is responsible for the observation of the respective social medias’ guidelines and rules which are applicable on the User.
2.4 Any false or fake personal information provided by the User authorizes DFL to exclude him or her from the Contest.
Users who secure an illegal advantage over other Users or whose entries contain immoral, slanderous, discriminatory, disgusting or other illegal material or which show or call for illegal activities or appear to conflict with the respective social media platform's terms of use will also be excluded from the Contest.
Automatic computer-generated entries, multiple entries or entries with more than one social media account are not permissible and will not be considered.
Employees of DFL and companies affiliated with DFL within the meaning of §§ 15 et seq. German Stock Corporations Act (Aktiengesetz, "AktG") and DFL Foundation, employees of FOX Sports and companies affiliated with FOX Sports, employees of licensees, partners and sponsors, contractual partners of DFL, as well as the respective relatives of these employees are excluded from participation.
DFL can demand return of a prize that has already been granted in all the above-mentioned situations.
- Prize notification
3.1 Prizes are limited to one prize per winner.
3.2 Until 30 September 2019 the winners will be selected and notified by direct message through the respective social media platform or notified in a post on the respective social media platform and asked to contact DFL. The winners are required to contact DFL within one week for the top prize (tickets for and travel to a Bundesliga match) and within two weeks for the other prizes (match balls, jerseys) after the notification has been sent. If the respective winner does not do so within the respective period of time after the notification has been sent, the respective prize will be forfeited and an alternate winner will be selected in accordance with Clause 1.6.
3.3 The claim for the top prize is also lost if the top prize cannot be redeemed until the end of the first leg of the Bundesliga season 2019/2020 due to reasons which lie solely in the person of the winner of the top prize or in his/her area of responsibility.
3.4 DFL will give its best effort to realize the visit of a match of the top prize winner’s favorite Bundesliga club. However, there is no claim for the visit of a certain Bundesliga match and/or a match of a certain Bundesliga club. The final choice of the Bundesliga match and club is based on ticket availability on behalf of DFL.
3.5 The claim for the prizes is not transferrable. A cash payout or payout with physical items is excluded.
3.6 The travel included in the top prize must begin and end at the same major airport. The winner of the top prize is solely responsible for the charge and security of ground transportation to/from the major airport at point of origin. The airline will be selected at the sole discretion of DFL. Once the tickets have been issued, any change fee must be paid by the winner of the top prize if he/she wishes to change flights or dates of travel.
3.7 All other expenses and any incidental costs which are not expressly indicated in these Ts&Cs have to be borne by the top prize winner, especially but not limited to local and ground transportation from/to the major airport near the top prize winner’s residence, telephone/internet, additional food, room-services charges, parking fees, insurances, visa and gratuities.
3.8 The winner of the top prize and his/her companion are solely responsible for having any necessary travel documents (e.g. passport, visa etc.); Clause 1.6 applies.
3.9 All taxes in relation with a prize must be borne by the respective winner.
- Data protection, visual and audiovisual recordings
4.1 In return for the winner’s participation in the Contest, DFL and FOX SPORTS will use the social media user name, first name and the first alphabetic character of the surname, as well as the country in the official tele media and social media of DFL and FOX SPORTS to promote the Contest and notify the respective winner, as well as to inform other Users and further users of this tele media and social media about the winners. The legal basis for processing is Art. 6 para. 1 b) of the European General Data Protection Regulation (“GDPR”).
4.2 In the event that it is necessary for DFL to redeem a prize, DFL may ask the respective winner for additional contact information (e.g. postal address). In the event that a prize is redeemed through retailers or other providers, DFL is entitled to share the contact data of the respective winner with the respective retailer or provider so that they can contact the respective winner. The legal basis for processing is Art. 6 para. 1 b) GDPR.
4.3 DFL or a third party named by DFL will produce visual and/or audiovisual recordings of the winner of the top prize and his/her companion while redeeming the prize with regard to DFL’s legitimate interests to promote the Contest and the Bundesliga and to present interesting media content to its users. The top prize winner and his/her companion grant to DFL the exclusive right to exploit these recordings commercially and for non-commercial purposes without any restriction in time and territory either by itself or through licensees and partners of DFL (i.e. cooperation, media and marketing partners), as well as the clubs of the Bundesliga and Bundesliga 2. The exploitation can take place in every physical form (especially production and dissemination of all digital and analogue media formats) and every non-physical form (especially broadcast, public communication or accessibility, for example, as download or streaming) in all media and on all platforms. The use is expressly limited in content to showing the winner of the top prize and his/her companion in this capacity. The legal basis for processing is Art. 6 para. 1 f) GDPR.
4.4 DFL will observe all legal provisions on data protection and data safety. All data provided by the User by participating in the Contest will be solely collected, processed and stored for the conduction of the Contest and deleted afterwards, unless it has been publicly published in accordance with these Ts&Cs, especially with Clause 4.1 and Clause 4.3, or that DFL is legally required to further store the respective information.
4.5 The controller of personal data processed according to these Ts&Cs is DFL. The further data protection provisions including the rights of the User and the contact data of DFL’s data protection officer can be found in the privacy statement under the following link.
- Rights to submitted content
5.1 The User irrevocably transfers to DFL and FOX Sports, without any limitation in terms of time and territory, all rights of use, exploitation, rights to protection of work product and other rights (including all future rights) to the content submitted for the Contest (e.g. submitted manuscripts, texts, images, illustrations, video sequences, audio documents and other contributions of any kind) to the extent necessary for using and exploiting the submissions especially for publication on the respective social media platform, as well as in other official tele media and social media of DFL and FOX Sports. DFL and FOX Sports are especially entitled to reproduce, disseminate, display the content, publicly as well as privately communicate the content, broadcast the content and include it and access it in a data base, including the right to sublicense and process as well as to deliver to any users. The grant of the right of use includes both known as well as unknown types of use and exploitation and is granted without regard to the technology used for transmission and storage, e.g.
- use in media of all kinds (in print media, television in all methods of distribution, in the internet using all formats, in intranet, in digital newsletters, on CD, DVD, blue-ray or other storage media),
- for the purposes of reporting or entertainment, advertising for products, services or for ideas, other opinions and views, for educational purposes,
- without regard to whether the purposes or products, services or intellectual content already existed or was known at the time of submitting the content.
DFL and FOX Sports are also authorized to use the content in video and photographic montages by removing or adding parts of the video or images as well as to manipulate original photographs.
5.2 There is no claim that the content will be used. DFL and FOX Sports assume no obligation to publish. DFL and FOX Sports are entitled, but not required, to state the name of the author of content or the names of the persons shown in the content in free discretion of DFL and FOX Sports.
5.3 The User waives any royalty payments in any form and does not assert any claims whatsoever.
5.4 The User confirms that its submission consists of the User's own work and that all materials and information used by the User to prepare the submission do not violate intellectual property rights or moral or other general or other rights of third parties.
5.5 The User confirms that he/she has not entered into any agreements with third parties which would adversely affect the right of DFL and FOX Sports to use the User's submission.
5.6 The User will make sure that all persons whose pictures are used in the User's submission have consented to the use and have waived all rights to the pictures, videos or other media. If the relevant persons have not reached the age of maturity, the User must obtain the consent of a parent or guardian.
5.7 If the User cannot provide proof of the above mentioned consents, the User may be disqualified and/or loose the User's claim to the prize.
- Warranty and liability
The following provisions apply for warranty and liability of DFL for the Contest provided free of charge, regardless of the legal basis:
6.1 The liability of DFL is limited in amount to the harm typically foreseeable when concluding the contract in the case of minor negligent violation of primary duties [Kardinalpflichten] (i.e. material duties which must be fulfilled by DFL and which are of major importance for achieving the purpose of the Contest or which must be complied with by DFL and which, if violated, can result in endangering achievement of the purpose of the contract). DFL is not liable for minor negligent violation of other duties.
6.2 DFL assumes no warranty for defects in substance and/or defects in title with regard to the prizes. The respective winner can only assert warranty claims against the respective supplier. If a prize is provided by a partner, DFL is also not liable for any insolvency of this partner and the consequences of insolvency. Exclusion of the above liability for defects in substance and/or defects in title on the part of DFL does not apply if the defect in title or in the item was fraudulently not disclosed by DFL.
6.3 The above limits and exclusions on liability and warranties do not apply in cases in which liability is mandated by law, especially in the case of culpable injury to life, physical integrity and health or claims under the German Product Liability Act [Produkthaftungsgesetz]. To the extent that the liability of DFL is excluded or limited, this also applies for the personal liability of corporate bodies, employees, representatives and agents.
- Other provisions
7.1 DFL reserves the right to interrupt or shut down the Contest at any time without stating reasons. Especially reasons involving technology and/or legal matters, as a result of which the Contest can no longer be properly conducted, can be the basis for the end of the Contest.
7.2 The Contest is not connected to Facebook, Twitter and Instagram and is not sponsored, supported or organized in any way by the respective social media platform. The aforementioned social media platforms are not the contact person for the Contest. Questions regarding the Contest have only be addressed to DFL at info@bundesliga.com.
7.3 Legal recourse is excluded. Only the law of the Federal Republic of Germany applies.
7.4 Place of performance for the Contest is the registered office of DFL.
