PAULANER FAN DREAMS 2019
FAN DREAM “THE FITNESS TRAINING OF YOUR LIFE”
PARTICIPATION RULE

The Terms and Conditions of Participation for the prize drawing “Paulaner Fan Dream – „The fitness training of your life” can be found at www.paulaner-fantraeume.de.

1. ELIGIBILITY TO PARTICIPATE

1.1. Paulaner Brauerei Gruppe GmbH & Co. KGaA, Ohlmüllerstraße 42, 81541 Munich (hereinafter referred to as “Organiser”) is the Organiser of the prize drawing and is therefore exclusively responsible for the implementation thereof.

1.2. Users eligible for participation are those who are at least 18 years old upon commencement of the prize drawing and who have a permanent place of residence in Germany.

Those employed by the Organiser and associated companies, as well as their family members, are excluded from participation. This also applies to employees and family members of companies that are involved with the implementation of this prize drawing.

1.3. The Organiser shall reserve the right to exclude users who have provided false information, violated the Terms and Conditions of Participation, conducted manipulations or have allowed such to happen, from the prize drawing.

2. PREREQUISITES FOR PARTICIPATION IN THE PRIZE DRAWING

2.1. Participation in the prize drawing is possible via www.paulaner-fantraeume.de.

2.2. Participation is free of charge and not linked to the purchasing of goods.

2.3. To participate users must generally provide or confirm the following correct information:
–        Provision of the surname and last name
–        Provision of the email address
–        Correct answering of two questions

2.4. The participant shall be responsible for the correctness of the data provided. The Organiser shall accept no liability for the timeliness, completeness and correctness of the transmission of participant data.

2.5. Prior to redemption of the prize, the winner shall conclude a contract with the Organiser. This contract shall be prepared by the Organiser and regards usage rights pertaining to video and audio recordings that are produced to mark the redemption of the prize.

2.6. The Organiser also discloses the name of the winner following conclusion of the prize drawing. The winner shall consent to having his or her name disclosed in connection with this prize drawing on www.paulaner-fantraeume.de.

3. DURATION OF THE PRIZE DRAWING

The prize drawing “The selfie of a lifetime” shall commence on 2nd April 2020 at 12:00 CET and conclude on 31 July 2020 at noon CET. There is an opportunity to participate in the prize drawing during that time period.

4. Winning, determination and notification about winning and redemption

4.1. The Organiser will draw the following first prize for this prize drawing:

An invitation for 3 people to travel to Munich, incl. roundtrip

• travel for each person to Munich
  (flight: economy class, train: second class)
• 1 night accommodation in Munich (min. 4 star), including breakfast
• Workout attire provided
• Fitness assessment by experts from FC Bayern Munich
• Fitness training with experts from FC Bayern Munich
• Healthy snack and fan greeting with players from FC Bayern Munich
• Time frame for the redemption: The date for redeeming this Paulaner Fan Dream depends on FC Bayern Munich’s athletic schedule. The exact date will be communicated to winners in a timely manner.

4.2. The prize is not interchangeable. The prize is not transferable and not saleable. Cash payment amounting to the value of the prize is excluded.

4.3. Notification of winning shall occur as follows:

Following conclusion of the prize drawing, the winner shall be determined using a drawing that includes all participants and is based on the principle of chance.

4.4. The winner is then notified via email.

4.5. If the winner cannot be reached via email or if he or she does not respond within 24 hours, then a new winner will be drawn from the remaining participants in his or her place. The drawing of a new winner shall forfeit the previous winner’s right to the prize.

4.6. If the winner does not conclude the contract with the Organiser that was prepared by the Organiser regarding usage rights for video and audio recordings produced to mark the redemption of the prize, by a date stipulated by the Organiser, then a new winner shall be drawn from the remaining participants in his or her place. The drawing of a new winner shall forfeit the previous winner’s right to the prize.

5. LIABILITY

Claims for damages on behalf of the participant are excluded.

Exemptions from this are claims for damages by the participant arising from injury to life, body, health or a breach of contractual obligations, the fulfilment of which enable the proper implementation of the contract at all and the adherence to which the participant can generally rely on, as well as liability for other damages, which are due to intentional or grossly negligent breach of duty on behalf of the Organiser, its statutory representative or vicarious agents.

If contractual obligations, the fulfilment of which enable the proper implementation of the contract at all and the adherence to which the participant can generally rely on, are simply negligently breached, the provider shall be liable for the resulting damages only for typical contractual, foreseeable damages.

The restrictions stipulated in the previous two paragraphs shall also apply in favour of the Organiser and the Organiser’s vicarious agents, if claims are directly asserted against them.

Compensation for damages in the event of delayed delivery or non-delivery are excluded, insofar as neither intent nor gross negligence is involved on the part of the Organiser. In the case of liability, the Organiser shall only be liable in this case for the resulting damages only for typical contractual, foreseeable damages.

The regulations of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

6. FINAL PROVISIONS

6.1. The Organiser shall reserve the right to cut the prize drawing short without prior notification if there is good cause, particularly if the proper implementation thereof cannot be ensured due to technical or legal reasons.

6.2. Any legal action shall be excluded.

6.3. The implementation of the prize drawing, the legal relationship between the Organiser and participant, as well as these participation rules including the interpretation thereof are exclusively subject to German law, excluding all legal norms that refer to another legal system.

• LETTER OF AGREEMENT

  Letter of agreement regarding the use of uploaded materials

  1 At the time of recruitment, the participant grants Paulaner the non-exclusive, spatially, temporally and substantively unlimited, freely transferable right to use and exploit the content he/she has posted. The right includes all known and unknown types of use. Paulaner's rights include, in particular, the use within the framework of websites in other tele media services offered by Paulaner, as well as other uses in electronic networks, including the Internet and intranet, as part of on-demand services (demand services of all kinds), in the context of mobile-based services, applications in the audio-visual field, digital media and multimedia products of all kinds, as well as in the print sector.

  2 The right of Paulaner includes in particular:

  2.1 the right of reproduction, public access and distribution, i.e. the right to reproduce the content indefinitely, make it accessible to the public and display it in public, regardless of the technology used, in particular through digital inclusion within websites and other tele media;

  2.2 the right of availability on demand, i.e. the right to store the content, to make it accessible to the public, to transmit it to one or more requestors, in all electronic databases, electronic data networks and telecommunication services networks;

  2.3 the right of public communication, i.e. the right to reproduce the content in public, whether professional or otherwise, by sound storage media, videos, audio-visual media, multimedia and other data carriers in all formats, using all analogue and digital techniques, including the right to electronic and non-electronic audible reproduction of the text;

  2.4 the right to edit, i.e. the right to edit, translate, arrange and make any other alterations while preserving the moral rights themselves or by third parties, including the right to publish or exploit the processing and the right to reproduce the results obtained in all media, especially in print media;

  2.5 the right to advertise, i.e. the right to use the content for the promotion of the websites and other tele media or other offers of Paulaner or third parties, also in any other media and outside the Internet, especially in print media.

   

  Letter of agreement regarding the publication of photo and / or film recordings

  The following user agreement is made between the participant and Paulaner:

  1. The participant agrees that recordings from him will be made and provided to Paulaner for the purposes of media coverage, promotional purposes and for the use as specified in section 2.

  2. For the use no restriction with regards to the content, or a temporal or spatial restriction is agreed. Further licensing is allowed. The use for the following purposes is unreservedly approved:

  a) Publication in the media (f.ex. magazine)

  b) Publication in the press (f.ex. press photos, films)

  c) Publication in the internet (f.ex. on websites or within social media)

  3. The participant agrees to the use of the photos / videos within photo compositions or video compositions with removal or addition of image components or for alienated images of the original recordings.

  4. A claim for use within the meaning of items 1 and 2 is not substantiated by this agreement.

  5. The participant transfers to Paulaner all necessary rights for the use of the created photographs and film recordings according to paragraph 2.

  6. The name of the participant will not be published.

  7. A fee for the photographs / film is not paid by Paulaner.

  By accepting this letter of agreement, I declare that I am of full age and capable of acting, that I have read and understood the form completely and agree to the terms contained therein. This letter of agreement is voluntary and may be revoked against Paulaner with effect for the future.

  The consent is voluntary. In case of denial, the event cannot be attended. The revocation of consent does not cause any disadvantages.