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 and the District of Columbia (excluding Puerto Rico). Void where prohibited.
1.1 DFL Deutsche Fußball Liga GmbH, Guiollettstrasse 44-46, 60325 Frankfurt/Main, Germany, ("DFL") conducts an online contest for the US Bundesliga fans. 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 5 November 2018, 12:01 AM (EST) until 16 November 2018, 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 which outlines the best Bundesliga moments of the User at the social media platforms at Facebook, Twitter or Instagram using the official Contest hashtag #ShareYourBundesligamoment which is mandatory for participation.
1.4 All Users of the Contest which have shared their moment will be eligible to win 1 x two VIP tickets for the match between the German Bundesliga club Eintracht Frankfurt and Sao Paulo during the Florida Cup 2019 at 7:00 PM (EST) on 10 January 2019 at Al Lang Stadium in St. Petersburg, Florida, as well as a meet and greet with the winner’s favorite Eintracht Frankfurt player. The price also includes domestic economy class flights for two persons to St. Petersburg Airport and hotel accommodation for two nights. The total value of prize is EUR 1,500.00 / USD 1,720.00.
1.5 On or about 27 November 2018, an independent committee will pre-select five 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 winner by awarding points from 1 to 5 to these pre-selected entries. The points of all committee members will be added up. The entry with the most points will win the prize.
1.6 An alternate winner will be selected by the independent committee of the remaining entries of the pre-selection based on the criteria mentioned in Clause 1.5 in the following cases: (i) the winner has not reached the age of maturity, (ii) DFL demanded return of the prize that has already been granted in the situations described in Clause 2.4, (iii) the winner does not contact DFL after being notified within the period of time mentioned in Clause 3.1, and/or (iv) the winner provides false or fake personal information and/or (v) the winner cannot provide proof of the consents required under Clause 5.
2. Authorization to participate and win, countries
2.1 Only individuals who are permanent, legal residents of the United States 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.
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 licensees, partners and sponsors, contractual partners of DFL, especially but not limited to FOX Sports, COPA 90 and Bleacher Report, 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.
3. Prize notification
3.1 The winner will be selected until 27 November 2018 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 winner is required to contact DFL within one week after the notification has been sent. If the winner does not do so, the prize will be forfeited and an alternate winner will be selected at DFL’s sole discretion.
3.2 The claim for the prize is also lost if the prize cannot be redeemed due to reasons which lie solely in the person of the winner or in his/her area of responsibility.
3.3 DFL will give its best effort to realize the meet and greet with the winner’s favorite Eintracht Frankfurt Player. However, there is no claim to meet a certain Eintracht Frankfurt player. The final choice of the Eintracht Frankfurt player to be met is based on the player’s presence and availibility during Eintracht Frankfurt’s US trip and participation in the Florida Cup 2019.
3.4 The claim for the prize is not transferrable. A cash payout or payout with physical items is excluded.
3.5 The travel included in the prize must begin and end at the same airport. The winner of the prize is responsible for ground transportation to/from the 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 if he/she wishes to change flights or dates of travel.
3.6 All other expenses and any incidental costs which are not expressly indicated in these Ts&Cs have to be borne by the winner, especially but not limited to local and ground transportation from/to the airport near the winner’s residence, as well as to the hotel and stadium, telephone/internet, additional food, room-services charges, parking fees, insurances, visa and gratuities.
3.7 The winner and his/her companion are solely responsible for having any necessary travel documents (e.g. passport, visa etc.).
3.8 All taxes in relation with the prize must be borne by the winner.
3.9 In the event that the prize is redeemed through retailers or other providers, DFL is entitled to share the contact data of the winner with the respective retailer or provider so that they can contact the winner.
4. Privacy, consent in visual and audiovisual recordings
4.1 The winner consents to the publication of his or her 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, as well as COPA90 and Bleacher Report. The legal basis for processing is Art. 6 para. 1 a) of the European General Data Protection Regulation (“GDPR”).
4.2 DFL or a third party named by DFL will produce visual and/or audiovisual recordings of the winner and his/her companion during the trip. The winner grants 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 in this capacity.
The legal basis for processing is Art. 6 para. 1 f) GDPR, whereby the legitimate interest for DFL and the aforementioned third parties result from the fact that, in the first place, DFL has an interest in the media reporting about the Contest and the redeeming of the prize for purposes of promoting the Bundesliga and presenting interesting media content to its users. Secondly, the winner can reasonably foresee that such data might possibly be processed for this purpose at the time the personal data is collected and in light of the circumstances under which this occurs (especially the above-mentioned measures).
4.3 DFL will observe the provisions in the law 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 by DFL, FOX Sports, COPA90, Bleacher Report and/or the winner in accordance with these Ts&Cs. The legal basis for processing are Art. 6 para. 1 a) and Art. 6 para. 1 b) GDPR.
4.4 The further data protection provisions including the rights of the User can be found in the privacy statement under the following link.
5. 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.
6. 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 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.
7. 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 email@example.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.