General Conditions of Use
General Conditions of Use laid down by FC Bayern München AG for utilisation of information facilities and services on website https://fcbayern.com
1. Scope of application
1.1 These Conditions of Use are applicable to the utilisation of information facilities and services which you (whereby you are referred to below as the “User”) can subscribe to and utilise on the website https://fcbayern.com, provided that this is not subject to any other Terms & Conditions. This relates to information facilities and services relating to FC Bayern München AG, Säbener Straße 51-57, 81547 Munich, represented by the directors: Jan-Christian Dreesen, Max Eberl and Rouven Kasper (hereinafter referred to as "FCB").
1.2 FCB reserves the right to amend these Conditions of Use with future effect.
2. Registration
2.1 For purposes of using individual information facilities and services on the website https://fcbayern.com and to create a subscription, the User can or must register. In this context, the User undertakes to make a correct and full statement of information as required for purposes of registration, and he/she should keep such information up-to-date if any changes arise. The User can, once logged in, enter updates under “My FCB profile”.
2.2 FCB reserves the right at any time to extend, to amend or to apply improvements to the services which are offered, if the changes are reasonably acceptable to the User, taking account of FCB’s interests. This will be the case, in particular, if the changes do not entail any financial disadvantages for the User, such as in cases where new functionalities are introduced.
2.3 You are allowed to register once only, in order to prevent duplicates from arising. (If you have forgotten your password, you can set a fresh password using the “Forgot my password” function.)
2.4 The User undertakes never to disclose his/her password, even if asked to do so. Please note that FCB and/or service employees should never ask the User for his/her password.
2.5 The User will be liable for any losses arising due to third parties’ finding out his/her password due to the User’s negligent or wilful action. If the User’s password has been stolen, or if the User finds out that his/her password has been abused by third parties, then FCB should be informed immediately, either via the feedback section or by email.
3. User’s obligations
3.1 The facilities may be used exclusively for private purposes. Utilisation for commercial purposes is not permitted. In particular, the User may not use the services in order to advertise other websites, services or commercial offers.
3.2 The User is under obligation to refrain from infringing applicable legal regulations in his/her use of the website and the services offered on it. In particular, the User must ensure that the content (including links) which the User distributes does not infringe any third-party rights (such as copyright, for example), must ensure that his/her content complies with applicable criminal law regulations and regulations for the protection of young people, with particular reference to avoiding the propagation of any racist, pornographic or obscene content or content which glamorises violence or drugtaking, and also any abusive content or any content unsuitable for minors. Furthermore, the User undertakes to refrain from distributing any viruses or unsolicited mass transmissions, and to refrain from any other steps that could jeopardise the functioning and availability of the services. It is also forbidden to issue invitations to participate in chain letters, pyramid games or any other gambling.
3.3 The User is fully and directly responsible for his/her own behaviour and for content which he/she introduces (including links). In this context, the User hereby holds FCB exempt from any third-party claims and from the costs of any required legal defence directed against FCB as a result of the User’s action or content.
4. Third-party content; Deletion of content
4.1 Content posted, sent or received by Users does not constitute FCB’s content (“third-party content”): rather, such content is attributable exclusively to the User which has posted it. Because such content is set in real time, it is not possible for FCB to examine content immediately.
4.2 The User agrees to the utilisation and publication of his/her content on all platforms.
4.3 As soon as FCB detects any obviously illegal content, FCB is entitled to delete such content without prior notice. This will arise, in particular, in the event of any infringement against the provisions of clause 4.2 above. The same will apply to any instance where FCB receives an order from the Government or from Court to remove such content or where FCB gives a third party its undertaking to discontinue the presence of any content in order to avoid Court proceedings. In other cases where there is well-founded suspicion of malpractice, FCB may in the 1st instance delete the content as a precaution against further loss, and may then initially block the User.
5. Liability
5.1 FCB is subject to unlimited liability for wilful and gross negligence. In the event of moderately negligent infringement of a cardinal obligation or of a subsidiary obligation -- whose infringement jeopardises the achievement of the purpose of contract, or whose fulfilment is in any case a prerequisite for the correct operation of the contract, and upon whose fulfilment the User is entitled to rely (hereinafter referred to as a “substantial subsidiary obligation”) -- FCB’s liability will be restricted to losses which are typically associated with such contracts and which are foreseeable at the stage of entering into a contract. FCB will not be held liable for moderately negligent infringement of contractual subsidiary obligations which do not count as substantial subsidiary obligations.
5.2 The above liability exclusions and restrictions do not apply to losses culpably arising in the form of loss of life, physical injury or damage to health, and do not apply to liability for the User’s claims where filed on the basis of product liability regulations or on the basis of malicious deception, nor from the acceptance of any guarantee of characteristics. This does not entail any change in the burden of proof to the User’s detriment.
5.3 These liability exclusions and restrictions also extend to the direct liability of FCB’s legal representatives and agents.
6. Chronological term
Free-of-charge services may be terminated by both parties, with immediate effect and without it being required to indicate any reasons. The User may, in the logged-in state, de-register from the corresponding service using the appropriate de-registration procedure. If you wish to terminate your personal user account, please send an email to service@fcbayern.com . Concerning the newsletter, the User is also made aware – in the footer to each newsletter – of this facility for de-registration. FCB will notify the User of the termination of any service, by sending an email to the email address that was given at the stage of registration.
7. Data protection
FCB regards the protection of personally-related data as highly important. Where FCB collects or processes any personally-related data in the context of its activities, this is done exclusively in accordance with data protection regulations with particular reference to GDPR, the European basic data protection regulations. Further information concerning data processing can be found in FCB’s data protection declaration on https://fcbayern.com/en/privacy.
8. Alternative resolution to disputes under consumer dispute resolution regulations
FCB is neither willing nor obliged to participate in dispute resolution proceedings conducted at consumer arbitration centres.
9. Applicable law; Partial invalidity
9.1 German law shall apply, to the exclusion of UN commercial law. If the User is a consumer as defined by §13, German civil code, and if his/her regular place of domicile is located in a European economic area State other than Germany, then he/she retains the right of protection according to the applicable provisions of his/her country of residence, and such provisions cannot be departed from by any agreement.
9.2 In the event that one or several provisions of these Conditions of Use should be or become wholly or partially invalid, then this shall not affect the validity of the Agreement and of its other provisions.
As at: July 2021
General Terms and Conditions of Participation for the FC Bayern Allianz Arena Wiesn shirt 23/24-Raffle
General Terms and Conditions of Participation and Notice on Use of Your Personal Data for the FC Bayern Allianz Arena Wiesn shirt 23/24-Raffle
1. Event Organizer / Scope / Acknowledgement of the General Terms and Conditions of Participation
1.1. These General Terms and Conditions apply to participation in the Allianz Arena Wiesn shirt 23/24-Raffle (hereinafter “Competition”).
1.2. The Competition will be organized and implemented by FC Bayern München AG (hereinafter “FCB”), Säbener Straße 51 - 57, 81547 Munich. FCB occasionally conducts the Competition with cooperation partners, who provide the Prizes (hereinafter "Prize Sponsor"). As far as a Prize Sponsor provides the Prize, the Prize Sponsor alone is the promiser of a reward within the meaning of Article 657 German Civil Code. Within the execution of the Competition FCB represents the Prize Sponsor. Notifications to FCB are to be sent by email to the following email address: service@fcbayern.com.
1.3. By participating in the Competition, the Participant expressly recognizes these General Terms and Conditions of Participation in a binding manner.
2. Eligibility
2.1 All natural persons, aged 18 and above, are eligible to participate. Minors under 18 years old are excluded from participation. There will be no distribution of Prizes to minors.
2.2 Employees of FCB and employees of participating Prize Sponsors and all persons who are or were involved with organization of the respective Competition are excluded from participation. The same applies for first- and second-degree relatives (Article 15 German Tax Code) of such persons and their cohabiting life partner.
2.3 Each person may only participate once in a Competition. Repeated participation is not permitted. In the event of repeated participation, FCB reserves the right to exclude Participants pursuant to Article 5.1.
2.4 Within the participation, no costs are incurred to FCB. No purchase of goods, services, donation or similar is required for participation in the Competition.
2.5 The Participant is responsible for the accuracy of details provided (e.g. email address or telephone number).
3. Competition procedure
3.1 The Competition starts on 16.09.2023 on the Instagram page @allianzarena (https://www.instagram.com/allianzarena/) and ends on 24.09.2023 at 23.59 p.m. CET.
3. Participation in the competition on the Instagram page of FC Bayern takes place by following the account @allianzarena (https://www.instagram.com/allianzarena/) and commenting on the competition post by tagging a person in the comments under the post during the mentioned implementation period. If a further condition for participation is required in the corresponding announcement post, this condition shall be added to the conditions specified here. Insofar as the order of a newsletter is part of the participation, the Participant can revoke this immediately after the participation and still take part in the competition.
3.3 The persons who meet all the requirements set forth in Section 2 (hereinafter referred to as “Participants”) where a technical selection procedure is used throughout the entire duration of the Competition have the same chance and the same general possibility of being selected. The time and selection of the User are subject to the principle of chance.
3.4 If the competition takes place via social media (Facebook, Instagram, etc.), it is not connected with Meta Platforms Inc. and is in no way sponsored, supported or organized by Meta Platform Inc.
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4. Prizes
4.1 Among all Participants a FC Bayern München Wiesn 23/24 Shirt will be raffled (hereinafter “Prize”). A cash payment of the Prize value or an exchange of the Prize is excluded. The claim to the Prize is not transferable.
4.2 Any pictorial or verbal presentation of the Prize in the FCB competition description is not necessarily identical with the item won. There may be deviations, in particular in the model, colour and features etc. FCB or its Cooperating Partner or the Prize Sponsor can select an item of average kind and quality of equivalent value to the item described as the Prize. If the prize involves an interaction with a natural person (e.g. meeting or video call with a FCB Player), FCB can replace this person with another person comparable to him or her.
4.3 The material Prize will be delivered to the winner free of charge.
4.4 Material Prizes and Prize gift vouchers will be delivered directly by the Prize Sponsor or a third party contracted by it to the address provided by the Winner. Delivery is generally made 4 (four) weeks after receipt of notification of the win. This period, however, is not binding and can be reasonably extended in the circumstances.
4.5 Material Prizes will not be paid in cash. If the Prize is no longer available, the Winner will receive a replacement of equal value or voucher from FCB or the relevant Prize Sponsor.
4.6 In the case of scheduled Prizes, the timely delivery of the Prize does not constitute a main service of FCB .
5. Exclusion of Participants
5.1 FCB reserves the right to exclude Participants from participating in the Competition. This applies, in particular, in the event of culpable violation of the Terms and Conditions of Participation, e.g. the Participant makes false statements or manipulates or seeks to manipulate the participation procedure or the game or uses other dishonest means.
5.2 FCB can exclude Participants, if there are substantial suspicions for believing that they would make statements constituting a criminal offence, in particular, by using defamation or hate speech, in the offers or events organized by FCB.
6. Exclusion of distribution of Prizes
Where FCB or the Prize Sponsor subsequently determines that the Participant has substantiated reasons for exclusion within the meaning of Article 5 or was not entitled to participate pursuant to Article 2, they are entitled to deprive the relevant Participant of the Prize and to require its return.
7. Publication of names
FCB is entitled to announce the Winner’s name publicly on its online platforms or those of its cooperation partners, in particular the Prize Sponsor, in accordance with the competition data protection notice (cf. Section 14 below), unless the Winner expressly objects to such publication. The public announcement is not a winning notification and does not constitute a claim to the receipt of a Prize.
8. Discontinuation, Force Majeure
8.1 FCB is entitled to discontinue or terminate the Competition at any time. This applies, in particular in cases of force majeure or if, for other organizational, technical or legal reasons, proper execution of the FCB Competition cannot be guaranteed or continued. Participants are not entitled to assert any claims against FCB in such cases. FCB expressly reserves the right to claim for losses incurred if discontinuation is caused by the conduct of a Participant.
8.2 If, in the event of force majeure, FCB is temporarily unable to fulfill its obligation to the winner or is unable to fulfill its obligation to the winner at the originally scheduled time, the winner has no claim to fulfillment at the originally scheduled time. The Prize will be paid when the temporary impediment has ceased to exist. If FCB is temporarily unable to fulfill its obligation to the winner in the event of force majeure, the winner's entitlement to the Prize shall lapse. FCB is not liable for futile expenses incurred by the winner in anticipation of the Prize distribution, costs incurred or other damages.
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8.3 Force majeure is an unforeseeable, unavoidable and extraordinary event. Such an event shall be deemed to exist in particular, but not conclusively, in the event of war, riots or assassinations, terrorist warnings, bomb threats, strikes or lockouts, natural disasters or fire, danger to life and limb, severe weather, epidemics, pandemics or quarantine, serious accidents, official measures or other official interventions and all similar circumstances.
9. Warranty
9.1 Prizes, provided in accordance with offers by Cooperating Partners or Prize Sponsors, are offered by FCB exclusively on their behalf. In such cases, FCB is not liable for timely and full distribution of the Prize nor for material or legal defects nor for inability of the Cooperating Partner to pay and the resultant consequences for the Competition.
9.2 Obvious defects in the Prize must be notified to FCB or the Cooperating Partner and Prize Sponsors, if these provide the Prize, within 14 days of delivery of the Prize. Timely dispatch of notification suffices to comply with the deadline.
9.3 FC Bayern Munich does not guarantee that all links and references made within the Competition are correct or complete.
9.4 In addition, the statutory guarantee regulations shall apply insofar as they are applicable, whereby the provisions limiting liability pursuant to Article 10 shall apply in case of assertion of a claim for damages.
10. Liability
10.1 FC Bayern Munich is not liable for incorrect information expressed and disseminated by Participants and/or third parties, including any cooperation partners of FC Bayern Munich, which is connected with the dissemination of information on the Competition.
10.2 The following regulations apply to the liability of FC Bayern Munich as well as to the liability of its employees, vicarious agents and assistants - irrespective of the legal grounds:
- FC Bayern Munich has unlimited liability for deliberate and grossly negligent breaches of duty, for damages arising from injury to life, body or health and for claims arising from the Product Liability Act.
- In the event of a breach of essential contractual obligations, i.e. such obligations whose fulfillment is essential for the proper execution of the cooperation agreement and on whose observance the other party regularly relies and may rely, the liability for slightly negligent breaches of duty is limited in amount to the damage typically foreseeable at the time of conclusion of the contract.
- Otherwise FC Bayern Munich is not liable.
10.3 The Participant is obligated to take reasonable measures to mitigate damages.
10.4 Sections 10.1 to 10.3 apply accordingly to the liability of FCB and its vicarious agents or the Prize Sponsor and its vicarious agents for futile expenses.
10.5 The Participant or his legal representative is solely responsible for the content of his comment under the post within the meaning of section 3.2. FCB does not adopt the content of the comment as its own. By commenting on the post, the Participant or his/her legal representative indemnifies FCB from any liability due to illegal statements as well as due to the infringement of intellectual property rights caused by the comment.
11. Relationship of verbal information with written Conditions of Participation
Where verbal information in the offer differs in terms of content from the present General Terms and Conditions of Participation or from the Conditions of Participation for individual Competitions (separate Conditions of Participation), with respect to the deviating information, only the provisions of the General Terms and Conditions or the written separate Conditions of Participation for the respective Competition will apply.
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12. Amendment of the Conditions of Participation
FCB reserves the right to amend the Conditions of Participation. Changes to a Competition already underway, in particular changes to Competition rules, simulation of further users or absent users or interference with user selection or reduction of the Prize, are, however, not permitted.
13. Other provisions on implementation and operation of the Competition
13.1 Each Participant is limited to one Prize.
13.2 The Winner will be notified by FCB or the Cooperating Partner or Prize Sponsor after the end of the Competition, in text form and/or by telephone. By participating in the competition, the participant acknowledges that FCB may contact him for the purpose of further execution of the competition (e.g. to notify him of winning or reaching a possible intermediate round). The claim to the Prize only arises upon notification. If the Prize notification is undeliverable, FCB is not obliged to make further inquiries.
13.3 The Participant must provide his correct postal address or telephone number. The claim to the Prize expires, if the Participant fails to provide the requested information within 14 days of notification of the Prize and the Participant is responsible for this. For Prizes, which are limited in time, shorter periods can be applied.
14. Privacy Policy
Information regarding the processing of your personal data in the context of this Competition by FCB can be found in our data protection information at the end of these conditions of participation. You can find more information about our handling of personal data in general under https://fcbayern.com/en/privacy.
15. Rights of use
15.1 Insofar as photographs, film and/or sound recordings are made as part of the Competition or the transmission of the prize - e.g. during an event which the Prize entitles the Participant to attend - the Participant agrees to grant FCB the simple right, unrestricted in terms of time, place and content, to publish the recordings made in connection with the prize without any claim to remuneration in a context-bound manner, including for repeated reporting and, if applicable, for advertising purposes by FCB, companies affiliated with it pursuant to Article 15 et seq. AktG, by its cooperation partners or Prize Sponsors in radio, television, print media and online platforms. The scope of use is not limited in terms of language, space, content or time. By participating, the Participant also guarantees that he is entitled to the said rights, that he is authorized to dispose of them and that they have not been transferred to third parties or encumbered with third-party rights.
15.2 As soon as FCB is obligated to delete the data or to refrain from further processing under data protection law, further use of the photo, film or sound recordings shall cease to the extent that FCB is obligated to delete or refrain from further use. You can find more information on this in the data protection information.
16. Final provisions
16.1 Legal recourse is excluded.
16.2 The law of the Federal Republic of Germany applies exclusively, to the exclusion of its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods. If the participant has his habitual residence in a country of the European Economic Area other than Germany, he shall retain protection under the relevant provisions of his country of residence, which may not be deviated from by agreement.
16.3 Deviations from these conditions of participation must be in writing to be effective. The same applies to the conditions of the written form requirement.
16.4 Should one or more of the above clauses be or become wholly or partially void, ineffective or unenforceable, the remaining conditions shall remain unaffected.
16.5 Place of performance and jurisdiction is Munich, as far as an agreement on this is permissible. Otherwise, the seat or domicile of the defendant party applies.
17. Competitions
The entity offering the Competition is:
FC Bayern München AG
Säbener Straße 51-57
81547 Munich, Germany
HRB 140475
Munich District Court
Represented by its Executive Board
Jan-Christian Dreesen
Dr. Michael Diederich
Max Eberl
Telephone: +49 89 699 31-0
Email: service@fcbayern.com
Web: https://fcbayern.com
Version: September 2023
Competition data protetction information
Information letter on the collection of personal data for participation in the Allianz Arena Wiesn shirt 23/24 raffle pursuant to Article 13, 14 DSGVO
1. Identity of the person in charge:
FC Bayern München AG Säbener Straße 51-57 81547 München Telephone: +49 89 69931-0 legally represented by the execution board: Jan-Christian Dreesen, Dr. Michael Diederich, Andreas Jung
2. Contact details of the data protection officer:
Mail: datenschutz@fcbayern.com
Telephone: +49 89 69931-0
3. Purposes for which personal data will be processed
The overall purpose of the data processing is the execution of the competition. Through your participation in the competition, a contractual relationship has arisen between you and FC Bayern München AG or the Prize Sponsor. We process your data in order to fulfill our obligations arising from the contractual relationship.
Your name will be processed in order to carry out the winner selection. Your e-mail address will be processed to notify you about your prize and to initiate and carry out any further steps necessary to transmit the prize. Your address will be used to transmit the prize.
4. Legal basis of data processing
The data processing is carried out partly/totally for the fulfillment of the contractual relationship existing between FCB and the participating official partners (Article 6 Section 1 Sentence 1 lit. b DSGVO). In detail, this concerns the following data:
▪ Data that is required to execute the competition (e.g. title, first and last name, e-mail address, address, age),
▪ Data required for the transmission of the prize (e.g. an event) within the scope of registration and participation (e.g. title, first and last name, e-mail address, address).
The data processing is also based on a legitimate interest of the FC Bayern München AG (Article 6 Section 1 Sentence 1 lit. f DSGVO). In detail, this concerns the following data:
▪ your name in the context of the publication of the winner(s),
5. Recipients/ Categories of recipients
The data required to execute the competition (e.g. your name, e-mail address, address and your vote in the case of a video call) will be received by FC Bayern München AG and its affiliated companies pursuant to Article 15 et seq. AktG (German Stock Corporation Act). Possible further recipients are also possible prize sponsors. Your age will only be transferred insofar as this is necessary for the execution of the competition.
6. Transfer to a third country
An active transfer to a third country does not take place. However, insofar as the data is published via our online platforms, your data can be accessed by users from third countries.
7. Duration of storage
We process and store your personal data, which are required for the execution of the competition, for as long as this is necessary for the execution of the competition. In individual cases, the storage may also continue beyond the termination of the contract, insofar as there is a legitimate interest on the part of the FC Bayern München AG in the data processing. Furthermore, data will not be deleted if legal provisions or official decisions require longer storage.
If personal data has been collected from you by means of photo, film and/or sound recordings, there is no end to the storage. If the data processing is based on your consent, the data will only be deleted after revocation of your consent. This does not apply to group photos in which you are depicted. Please refer to section 9.
If the data processing is based on a legitimate interest of the FC Bayern München AG in the data processing, the data will be deleted as soon as you object to the processing or the legitimate interest in the data processing expires. This does not apply to group photos in which you are depicted. Please refer to section 9.
The data collected to ensure contact tracking will be deleted after a period of 28 days, which begins at the end of the event.
If the same data is collected on the basis of different legal principles, the deletion will take place after the last legal basis has ceased to exist.
8. Rights of the data subject
As a data subject, you have the following rights according to the DSVGO:
• Information (Art. 15)
• Correction (Art. 16)
• Deletion (Art. 17)
• Restriction of processing (Art. 18)
• Object to processing(Art. 21)
• Data transferabillity (Art. 20)
• If applicable, revocation of consent (Art. 7 section 3)
9. Right to revoke consent
10. Right to complain to a data protection authority
You can also file a complaint with a data protection supervisory authority, for example, if you believe that the data processing is not in compliance with data protection regulations. The address of the competent supervisory authority is:
Bayerisches Landesamt für Datenschutzaufsicht
Postfach 1349
91504 Ansbach
11. Provision of the personal data mandatory or required
The provision of your name and contact details is necessary for the implementation of the competition. This is the only way we can determine the winners, notify the winners and send the winners their prizes. Participation in the competition is not possible without the data processing.
Version: September 2023