Terms and conditions.

Entry conditions for the “Old Course Tournament” online competition.

The competition is run by Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80809 Munich ("BMW"). The registration period begins 12:00 CET on March 18th, 2017. The deadline for entries is 23:59 CET on March 27th, 2017. Any entries received after this deadline will not be included in the draw.

Participants

By entering the competition, participants will accept the terms and conditions.

The competition is open to anybody aged 18 and above. Employees of BMW, subsidiaries and affiliated companies of BMW, employees of companies involved in the competition, and the relatives of the aforementioned persons are not permitted to enter.

Applications not fulfilling these requirements will not be taken into consideration for the competition.

Furthermore, to take part in the competition male participants need to have a valid handicap certificate of 24 or less, female participants need to have a valid handicap certificate of 36 or less. Applications not fulfilling these requirements will not be taken into consideration for the competition.

The participant declares that the information he/she submits within the framework of the competition is correct. BMW must be informed immediately of any changes of E-mail address and/or address, in order to allow necessary communication and guarantee that it is possible to deliver the prize should the participant win.

The personal data of all participants will be saved, used and processed for purposes necessary to this competition, in accordance with the relevant regulations of the Federal Data Protection Act, and will only be transferred to cooperation partners in order for them to handle the prize. Once the competition is over, all data will be deleted. Participants in the competition hereby agree to allow their (Facebook) name to be published on http://www.facebook.com/bmwgolfsport should they win.

In case of incorrect information, or should any suspicion arise that entrants are using unfair means, or should a participant or third party have benefitted from any manipulation or breached these entry conditions, BMW reserves the right to disqualify the participant(s) from the competition without having to specify any reason.

Participation in competition

All participants who comment on one of the competition posts by uploading a picture or video showing the participant’s passion for golf and using the hashtag #DRIVENBYPASSION are participating in the competition. To be able to participate in the “Old Course Tournament” competition, the application on the BMW Golfsport Facebook page has to contain the hashtag reference #DRIVENBYPASSION . Alternatively the application can be send via E-Mail to golfsport@bmw.de. The application must also include a picture or video showing why the participant would love to visit the home of golf. The picture or video has to be uploaded via the BMW Golfsport Facebook page within the application or attached to the E-Mail Application.

Purchase is not necessary for participation.

Participation over lottery/competition associations or automated services is not permitted.

Upon the end of the application term as set out above, representatives of BMW will select one (1) winner out of all qualified participants that applied via sending a photo, video via email or in a comment on the relevant posts and referring to the hashtag mentioned above. This shall happen on March 28th, 2017.

Prize

The competition prize is a trip for one winner and one guest, organized by BMW Golfsport, to the 2017 Allianz Old Course Tournament in St. Andrews, Scotland, from 10th to 12th April 2017. The winner (not the guest) will be offered one starting place at the 2017 Allianz Old Course Tournament on 11th April 2017.

In addition to the starting place at the tournament, the winner and their guest are also invited to take part in the evening event program, organised by BMW`s cooperation partner Allianz SE in St. Andrews.

The prize includes two nights’ accommodation in one double room, which the winner and their guest must share, as well as food and drinks.

The prize also includes two return flights to Edinburgh Airport (including transport for two golf bags) and transfer from/to Edinburgh Airport and St. Andrews. Additional costs are not included and must be borne by the winner.

Notification of winner

The winner will be announced in a post on the BMW Golfsport Facebook page using the name specified on Facebook. The winner must then contact the BMW Golfsport Facebook Page within 3 days of the winner being announced, stating the full and correct name and current address. Should the winner not contact the BMW Golfsport Facebook Page within 3 days and provide the full and correct details, they forfeit their claim to the prize. In this case, another draw will be made to determine a new winner.

It is not possible to exchange the prizes, or to exchange them for a cash payment. However, BMW does reserve the right to change the prizes, should BMW be required to do so as a result of influences outside of its sphere of influences.

Termination of competition

BMW reserves the right to end or terminate the competition at any time and to change the entry conditions, particularly if, for technical or legal reasons, it can no longer be guaranteed that the competition is run properly.q

BMW reserves the right to change, supplement or discontinue the competition should the impression arise that attempts are made to send several automated registrations or attempts be made to interfere with the competition in a disturbing manner by other means.

Liability

BMW assumes no liability for comments not received, or the availability of web sites, computer systems, networks, and telecommunication systems provided by BMW or third parties that are necessary to access the organizer’s website or computer system. Nor does BMW assume liability for any other technical problems during the transfer of information.

BMW is only liable for damages in case of intent and gross negligence. This does not apply in the case of damages arising out of death and injury to body or health. Nor does it apply to a violation of fundamental contractual obligations. These are obligations that are fundamental to the running of the competition. Without them, the competition would not be possible. Because of this, the participant trusts that these obligations are being fulfilled. Compensation for the violation of contractual obligations is restricted to foreseeable damages typical of competitions, unless there is evidence of intent or gross negligence, or liability for damages arising out of death and injury to body or health.

Data protection notices

If a winner is determined, personal data – the first name, surname and postal address – will be used to conduct the competition. This data is used exclusively to conduct the competition and is deleted again once the competition is over.

By entering the competition, the participant agrees that BMW may publish their name on the BMW Golfsport Facebook Page should they win as stated above.

Severability Clause

Should a provision of these Terms and Conditions be considered invalid or unenforceable, the effectiveness or enforceability of the remaining Terms and Conditions are not affected and the invalid or unenforceable provision is replaced by such a valid provision as comes nearest to the basic intention of the invalid or unenforceable provision. The same applies in case of a gap.

Miscellaneous

The Terms and Conditions are subject to German law.

There is no right of appeal. There is no enforceable claim to the prize or the payment of the cash equivalent.

Disclaimer:

The competition is not associated with Facebook. It is in no way sponsored, supported or organized by Facebook and does not constitute any legal claims against Facebook. All information used within this competition is provided exclusively by BMW.

Questions or complaints regarding this competition must be addressed to the organizer at the following address: BMW AG (BM-42; Sports Marketing and Brand Cooperations) Georg-Brauchle-Ring 50, 80992 Munich.

Content generated by participants

Content generated by participants must be in accordance with current legislation. In particular, content may not be of pornographic, racist, political or religious nature and may not infringe third-party rights (such as copyright, trademark rights or personal rights).

Participants declare explicitly that they possess all rights pertaining to the content that possess unrestricted exploitation rights to the content, that the content is not encumbered by third-party rights and that no third-party rights are infringed.

If the competition/contest requires the participant to upload photographs, only the participant may be represented on the photograph used.

BMW reserves the right to change and edit the content for the purposes of the competition/content. BMW hereby preserves the personal rights of the participant.

Note on non-remunerated concession of usage rights

The participant concedes spatial, temporal and unrestricted content-related, but not exclusive, usage rights to BMW without remuneration. In particular, this includes the usage for execution of the competition/content and the reporting thereof in the press and other media.

Exemption from liability for BMW regarding claims by third parties

If the participant contravenes the above-mentioned conditions of participation, the participant will hold BMW, companies linked to BMW, staff, employees, workers, representatives, shareholders and agents of BMW or companies linked to BMW to be exempt from liability and free of blame in respect of any claims made by third parties due to, or in conjunction with, content that the participant provided or transferred as part of participation in the competition/contest. This includes appropriate legal fees and court costs.