TERMS & CONDITIONS.

“Steal the car” competition.

INTRO.

 

Do you want to steal the hole-in-one award of the BMW International Open, a BMW iX? Send a video (Full HD, 9:16 or 16:9 ratio, max. 30 seconds) of your best trick shot via WeTransfer to golfsport@bmw.com. Martin Kaymer will pick his favourite video. The winner will get a place in the Pro-Am of the BMW International Open, and will get 50 shots on the 17th hole of GC München Eichenried (championship tee) to hit a hole-in-one and have a chance to win the BMW iX. Before entering the contest, please check TERMS & CONDITIONS below.

 

TERMS & CONDITIONS.

 

1. Eligibility: The STEAL THE CAR CONTEST is open to legal residents of countries from which upon arriving to Germany a quarantine order can be revoked by a negative PCR test certificate, proof of vaccination, or recovery from COVID-19 (1), who send an entry video to golfsport@bmw.com email address in accordance with the video regulations listed below. Entrants must be of 18 years of age or older and have a verified handicap of 28 or better (2) as of their date of entry in this promotion in order to qualify. BMW's employees, its subsidiaries, affiliates, suppliers, partners, advertising and promotion agencies, and directors (collectively the “Employees”), as well as members of an Employees' immediate family and/or those living in the same household of Employees are ineligible to participate in the STEAL THE CAR CONTEST. Residents of USA and Canada are ineligible to participate in the STEAL THE CAR CONTEST. 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 name to be published on BMW Golfsport’s social media channels (Facebook, Instagram, Twitter) and on BMW Golfsport’s YouTube channel 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.

---

(1)  Orientation about the actual Ordinance on Coronavirus Entry Regulations issued by the German Federal Ministry is the responsibility of the contestant (helping link: https://www.auswaertiges-amt.de/en/einreiseundaufenthalt/coronavirus)

(2) With screenshot from handicap application or by golf club professional

 

2. Sponsorship: The competition is run by Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80809 Munich ("BMW"). Sponsor will conduct the contest substantially as described in these Terms & Conditions. 

 

3. Agreement to Rules: By entering this contest, the Entrant (“You”) agrees to abide by the Sponsor's Terms & Conditions and decisions, which are fully and unconditionally binding in all respects. The Sponsor reserves the right to refuse, withdraw, or disqualify any entry at any time at the Sponsor’s sole discretion. By entering this contest the You represents and warrants that You are eligible to participate based on eligibility requirements explained in the Terms & Conditions. You also agree to accept the decisions of the Sponsor as final and binding as it relates to the content of this STEAL THE CAR CONTEST. 

 

4. Entry Period: This promotion begins on 2 June 2021 at 20:00 CET (GMT+2) and ends on 10 June at 23:59 CET (GMT+2) (“Entry Period”). To be eligible for the contest, entries must be received within the specified Entry Period. 

 

5. How to Enter: Eligible entrants can enter The STEAL THE CAR CONTEST by sending a video to golfsport@bmw.com email address via WeTransfer. As a participant, your entry must fully meet all contest-requirements, as specified in the Terms & Conditions, in order to be eligible to win a prize. Incomplete entries or those that do not adhere to the Terms & Conditions or specifications will be disqualified at the Sponsor's sole discretion.

 

Video specifications: Full HD, 16:9 or 9:16 ratio, maximum 30 seconds. Tripod is advised.

 

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. 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. 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.

 

6. Prizes (3): The Winner of the STEAL THE CAR CONTEST (the “Winner”) will receive an invitation to Munich with travel organised (4) and travel costs covered (inbound most likely 21 June 2021, outbound most likely 23 June 2021) by BMW, accommodation for 2 nights in at least a 4-star hotel in the Munich-area (21-23 June 2021) and transfer from hotel to GC München Eichenried. The Winner will also get a place in the Pro-Am round (5) of the BMW International Open (22 June 2021) and after the Pro-Am round the Winner will get a chance to win the Hole-in-One award of the tournament, a BMW iX. Requirements for winning the Hole-in-One award, a BMW iX: the Winner must hit a Hole-in-One at the Par-3 17th Hole at GC München Eichenried from the championship tee, within 50 shots. In addition, no Holes-in-One should occur on the 17th Hole of GC München Eichenried during the 4 tournament rounds of the BMW International Open (24-27 June 2021). Should a player hit a Hole-in-One on that hole during any of the tournament rounds, the Winner loses the chance to win the Hole-in-One award.

The prize(s) shall be determined solely by the Sponsor. There shall be no cash or other prize substitution permitted except at the Sponsor’s discretion. The prize is non-transferable. The Winner, upon acceptance of the prize, is solely responsible for all expenses related to the prize, including without limitation any and all local, state, and federal taxes.

The Winner shall not transfer assignment of the prize to others nor shall the Winner request the cash equivalent or prize substitution. By accepting the prize, the selected Winner grants permission for the Sponsor to use the Winner’s likeness, entry, and name for purposes of advertising and trade without further compensation unless prohibited by law.

---

(3) The prizes are just for one person, the Winner, who is not entitled to bring a companion or extra person

(4) The Winner is responsible for complying with the actual Coronavirus Entry Regulations  issued by the German Federal Ministry of the Interior, upon failure of meeting the German travelling requirements the Winner can’t claim replacement services

(5) The Winner is responsible for complying with the actual protective and hygiene measures issued by the organisers, upon failure the Winner can’t claim replacement services

 

7. Selection and Notification of Winner: The sponsor will shortlist the contestants and select 3 Finalists. The Winner will be selected out of these 3 Finalists by Martin Kaymer under the supervision of the Sponsor on 12 June 2021. The Sponsor will notify the Winner via email to the address the Winner had entered into the contest with by 12 June 2021. The Sponsor is not responsible for nor shall have no liability for Winner’s failure to receive notices due to email security settings that may cause notifications to be marked as spam or junk email. Nor shall be Sponsor be liable for the Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner 1) fails to respond the award notification was sent until 15 June 12:00 CET (GMT+2) 2) is found ineligible, or 3) does not complete and return an executed declaration and release within the specified timeframe, the prize may be forfeited and an alternate Winner may be selected. Receipt of the prize (offered in the STEAL THE CAR CONTEST) by the Winner is upon the condition of compliance with any and all federal, state, and local laws and regulations. IF THE WINNER VIOLATES ANY OF THESE TERMS & CONDITIONS, THE WINNER (AT THE SPONSOR’S SOLE DISCRETION) WILL BE DISQUALIFIED, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.  

 

8. Rights Granted by You: By submitting an entry into this contest, You understand and agree that the Sponsor, any individual acting on the Sponsor’s behalf, and the licensees successors, and assigns of the Sponsor shall, where permitted by law, have the right to print, publish, broadcast, distribute and use in any media known now or hereafter developed, in perpetuity, worldwide, and without limitation, your submission, name, photo, portrait, voice, likeness, image, statements about the STEAL THE CAR CONTEST, and your biographical information for news, publicity, advertising, promotional purposes, trade, information, and public relations without any further notice, review, consent, compensation, or remuneration.

 

9. Terms & Conditions: In its sole discretion, the Sponsor reserves the right to modify, suspend, cancel, or terminate the STEAL THE CAR CONTEST should non-authorized human intervention, a bug or virus, fraud, or other causes beyond the Sponsor’s control, impact or corrupt the security, fairness, proper conduct, or administration of the STEAL THE CAR CONTEST. The Sponsor, in the event of any of the above issues, may determine the Winner based on all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. Individuals who tamper with or attempt to tamper with the operation or entry process of the contest or violates these Terms & Conditions will be disqualified by the Sponsor in its sole discretion. In its sole discretion, the Sponsor has the right to maintain the integrity of the STEAL THE CAR CONTEST, to void votes for any reason. Attempts by any entrant to deliberately damage or undermine the legitimate operation of the STEAL THE CAR CONTEST may be a violation of criminal and civil laws. If any such attempt is made, the Sponsor reserves the right to seek damages to the fullest extent permitted by law. 

 

10. 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 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. 

 

11. Privacy Policy: If a winner is determined, personal data 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 social channels should they win as stated above.

 

12. Miscellaneous: The Terms & Conditions for the STEAL THE CAR contest are subject to German law. The courts of Munich shall have exclusive jurisdictions for any disputes arising out of or in connection with these Terms & Conditions. There is no right of appeal. There is no enforceable claim to the prize or the payment of the cash equivalent. 

 

13. Indemnity of Facebook, Instagram, Twitter and YouTube: The competition is not associated with Facebook, Instagram, Twitter and YouTube. It is in no way sponsored, supported or organized by Facebook, Instagram, Twitter or YouTube and does not constitute any legal claims against Facebook, Instagram, Twitter and YouTube. 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 (CB-42; Sports Marketing and Brand Cooperations) Petuelring 130, 80809 Munich, Germany.

 

14. Violation: By entering the STEAL THE CAR CONTEST, You, the Entrant, have affirmatively reviewed, accepted, and agreed to all of the Terms & Conditions. Anyone lying about his age or handicap and anyone manipulating the participation progress or who violates the terms and conditions will be excluded.

15. 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.

Read more