General Terms and Conditions for Participating in Competitions
1.1 DFL Deutsche Fußball Liga GmbH ("DFL") conducts online competitions (hereinafter individually, the "Competition" and together, the "Competitions") on the internet site www.bundesliga.com ("Website"). The participation in the respective Competition and how it is conducted are governed by the following provisions which the participant ("User") recognizes as binding upon the User when consenting to these General Terms and Conditions for Competitions (the "Competition Ts&Cs").
1.2 These Competition Ts&Cs apply as a supplement to the General Terms and Conditions for Use for the use free of charge of the services which are accessible only to registered users of the Website ("General Use Ts&Cs") as well as the other notices about legal aspects for visitors to the Website ("Legal Notices") which are available on the Website. In the case of contradictions, the following priority applies:
1. Competition Ts&Cs
2. General Use Ts&Cs
3. Legal Notices
The User declares that the User has understood the above referenced terms and conditions and agrees to them. If the User does not acknowledge this, the User is not permitted to participate in the respective Competition.
2. Authorization to participate and win
2.1 Only natural persons who have reached the age of maturity are entitled to participate in the respective Competition. Only those persons who have declared that they are participating in the respective Competition by consenting to these Competition Ts&Cs are eligible to win.
2.2 The participation in the respective Competition is free of charge.
2.3 Participation is possible in each case using the possibility offered by the DFL. Solely the User is responsible for the timeliness of access at the DFL as well as the accuracy of the User's personal data. Any transmissions for the Competition received after the respective close for participation will not be considered.
2.4 Untruthful personal information of the Users authorizes the DFL to exclude them from the respective Competition.
Users who secure an illegal advantage compared to other Users or whose transmissions contain immoral, slanderous, discriminatory, disgusting or other illegal material or which show or call for legal activities will also be excluded from a Competition. Multiple participation and automatic computer generated submissions are not permissible and will not be considered.
Employees of the DFL and companies affiliated with the DFL within the meaning of §§ 15 et seq. German Stock Corporations Act (Aktiengesetz, "AktG") and the Bundesliga Foundation, employees of licensees and partners and the respective relatives of these employees are excluded from participation.
The DFL can demand return of any winnings that have already been granted in all the above mentioned situations.
3. Subject matter, process and mode of the Competition
3.1 The respective Competition will be conducted as a lottery among all Users of the respective Competition. Only one win per Competition is possible for a User unless provided otherwise. The claim for a win is not transferrable. A cash payout or payout with physical items is excluded unless provided otherwise.
3.2 No claim is made that the prize shown in the respective Competition will be identical with the actually one prize. The DFL reserves the right to substitute the win with an item of equivalent or higher value presented as a win.
4. Notification about a win
4.1 The respective winner will be notified by email and is required to contact the DFL within four weeks after the notification has been sent. If the respective winner does not contact the DFL within four weeks after the notification has been sent, the claim for the winning will expire in the discretion of the DFL.
4.2 A claim for a prize also is lost if the prize cannot be delivered to the respective winner within six months due to reasons which lie solely in the person of the respective winner or in the winner's area of responsibility. In the case of certain prizes, e.g. in the form of a motor vehicle or trips, the deadline set in the respective Competition, which can also be shorter, has priority.
4.3 In the event that the delivery of certain prizes is processed through retailers or other providers, the DFL is entitled to notify the contact data of the respective winner to the respective retailer or provider so that this priority can contact the winner.
4.4 Money prizes will be transferred to the respective winner to a bank account designated by the winner or by check. Upon transfer to the designated account, the DFL is released from the obligation to pay that prize. In the event that the information about the personal data or the bank account of the winner is incorrect or a transfer of the money prize or the mailing of the check does not occur due to other circumstances for which DFL is not responsible, there are no claims against the DFL.
Physical items as prizes will be delivered within the Federal Republic of Germany free of charge by a third party company. Additional costs, especially resulting if the delivery of a prize to the address stated by the respective winner is not possible, will not be assumed by the DFL.
If a prize is a trip, there is no claim for a fixed travel date unless the date is already stated in the respective Competition. If the User does not take the trip at the fixed terms and conditions, the claim for the prize is lost. The respective winner is solely responsible for having any necessary travel documents (e.g. passport, visa etc.).
The value of the trip stated in the respective Competition relates to the maximum prize in the season. However, the respective winner has no claim to have the trip take place during a certain period or for reimbursement of any resulting difference in value.
Costs of the trip which are not expressly stated in the respective description of the prize (e.g. transfer costs, spending money, increased expenses for meals, minibar, telephone, insurance, taxes etc.) must be borne by the respective winner.
4.5 The respective winner must bear any incidental costs resulting from a prize.
The User consents to publication of the User's name in the official tele media of the DFL as the DFL choses in the event of winning. The provisions concerning data privacy in the General Use Ts&Cs also apply as a supplement.
6. Rights to submitted content
6.1 The User irrevocably transfers to the DFL, 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 of the respective Competition participation form and any other content submitted for the respective Competition (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 in the official tele media of the DFL. The DFL is 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 purpose of reporting or entertainment, advertising for products, services or for ideas, political or 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 concluding the contract.
The DFL is 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.
6.2 There is no claim that the content be used. The DFL assumes no obligation to publish. The DFL is 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 the DFL.
6.3 The User waives any royalty payments in any form and does not assert any claims whatsoever.
6.4 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.
6.5 The User confirms that the User has not entered into any agreements with third parties which would adversely affect the right of the DFL to use the User's submission.
6.6 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 are younger than 18, the User must obtain the consent of a parent or guardian.
6.7 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 price.
7. Warranty and liability
The following provisions apply for warranty and liability of the DFL for the respective Competition provided free of charge, regardless of the legal basis:
7.1 The DFL assumes no warranty for defects in substance and/or defects in title with regard to the respective prizes. The respective winner can only assert warranty claims against the respective manufacturer. If a prize is provided by a partner, the 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 the DFL does not apply if the defect in title or in the item was fraudulently not disclosed by the DFL.
7.2 The provisions on liability in the General Use Ts&Cs apply for the liability of the DFL.
8. Other provisions
8.1 The DFL reserves the right to interrupt or shut down the respective Competition at any time without stating reasons. Especially reasons involving technology and/or legal matters, as a result of which the respective Competition can no longer be properly conducted, can be the basis for the end of the Competition.
8.2 The DFL reserves the right to update and/or modify these Competition Ts&Cs at any time without separate notification. Updates or amendments do not apply for those Competitions which are already running when the changes are made.
8.3 Legal recourse is excluded. Only the law of the Federal Republic of Germany applies.
8.4 Place of performance for the respective Competition is the registered office of the DFL.