TERMS AND CONDITIONS.

A. Fundamentals


What’s it about?


The BMW Powder Ride campaign is a competition run by Bayerische Motorenwerke AG (hereinafter: "BMW"). As part of the competition, participants can create their very own Dream Powder Trip on the specially created microsite https://www.bmw-mountains.com/powderride (hereinafter: “microsite”) or register to participate in the Voter Special draw and thus take part in the competition.


Participants can select different options over various steps, such as choosing a time between 20/12/2019 and 14/02/2020 (so-called “application phase“), selecting a country, a fitness level, activity and choosing with which athlete they would like to experience the Dream Powder Trip. After making these selections, participants can compose a personal message to their favourite athlete. The campaign is supported by BMW Mountains athletes Sandra Lahnsteiner, Matthias Haunholder, Roman Rohrmoser, Matthias Mayr, and Felix Wiemers. After the individual steps have been completed, the message will appear in the form of a card which can be designed by uploading a personal picture. The card will only be approved once the configuration and the subsequent registration have been successfully completed. Postcards are allowed in the competition. If the registration process or configuration of the Dream Powder Trip is aborted beforehand, participation cannot take place. Successful registration does not provide a login area for participants.


Following a successful upload, the card is collected in a pool and will be checked by BMW. The approval or rejection of this card is at the discretion of BMW. As soon as the card has been approved, it will appear in the gallery on the microsite.


At the end of the application phase, each athlete will select their top favourite from the postcards addressed to them at their own discretion (so-called “selection phase”) during the period from 15/02/2020 until 23/02/2020. From 24/02/2020 to 08/03/2020, it is possible to vote for the selected 5 postcards (so-called “voting phase”).


The site visitor also has the option of participating in the draw for the Voter Special. As soon as a visitor wishes to take part in the competition, they will be forwarded to the registration form, where they must fill in the necessary information consisting of first and last name, email address, country, and BMW specific parameters. As part of the Voter Special competition, three Voter Special prizes will be drawn among all participants. Voters can only vote once a week for each athlete during the voting phase. The competition ends at the end of the voting phase on 08/03/2020.


Key Dates


The competition runs from 20/12/2019 (10.00 CET) to 08/03/2020 (24.00 CET) and is split into three phases.


Application Phase:
20/12/2019 (10.00 CET) to 14/02/2020 (24.00 CET). It is not possible to take part in the competition once the application phase has ended.


Selection Phase:
15/02/2020 (00.00 CET) to 23/02/2020 (24.00 CET).


Voting Phase:
24/02/2020 (00.00 CET) to 08/03/2020 (24.00 CET). The voting phase is further divided into:
- Voting phase 1: 24/02/2020 (00.00 CET) to 01/03/2020 (24.00 CET)
- Voting phase 2: 02/03/2020 (00.00 CET) to 08/03/2020 (24.00 CET)


After completion of the respective voting phases, the winners of the respective Voter Special will be announced. The grand prize will be awarded following the end of the last voting phase in March 2020.


Who is eligible to take part?


The competition is open to all winter sports enthusiasts and freeriders aged 18 and over who have registered on bmw-mountains.com during the competition (20/12/2019 to 14/02/2020) (hereinafter “participants”). Registration does not provide a login area for participants. BMW accepts no responsibility for late or lost registrations.


Only those who have registered for the BMW Powder Ride with their data during the application phase and successfully uploaded a card will be entered into the draw for the grand prize. Registration for the grand prize can only occur once per user. Every visitor of the microsite is entitled to vote.


Only those who register for the BMW Powder Ride with their data during the voting phase using the separate registration form will be entered into the Voter Special competition. The following people are excluded from participation in the competition: employees of BMW AG, as well as its subsidiaries and affiliated companies, employees of METZLER : VATER campaigns GmbH, Adams-Lehmann-Str. 56, 80797 Munich, and the athletes involved in the competition. Also excluded are their subsidiaries or affiliated companies as well as family and household members of the aforementioned persons. BMW also reserves the right to exclude participants who provide incorrect or incomplete information about themselves or who violate the conditions of participation.


Participants who wish to gain advantages by using unfair means or in any other way by manipulation and thus violate the principle of equal opportunity will be excluded from participation in the competition.


Who determines the winners?


Grand Prize, Second Prize and Third Prize:

Each of the respective athletes will select one favourite out of all the participants during the voting phase. The winners of the grand prize, second prize and third prize will be determined on the basis of the number of votes awarded during the voting phase. The grand prize is awarded to the participant with the highest number of votes, the second prize to the participant with the second highest number of votes, and the third prize to the participant with the third highest number of votes.


The winners will be announced at the beginning of April.


The sharing of the postcard on Facebook and the number of “Likes” it receives there has no influence on the number of votes. If more than one person has the same number of votes, the decision will be made by lot.


Voter Special:
During the voting phase, the winners of the respective Voter Specials will also be drawn each week. The winners of the Voter Prize will be determined by the drawing of lots among all participants and will be notified by email within 4 days of the end of the respective voter phase.


Who is the organiser?


The organiser of the competition is Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80809 Munich. Further information on BMW can be found at https://bmw-mountains.com/en/imprint . The conditions of participation are subject to the laws of the Federal Republic of Germany. The place of jurisdiction is Munich.


B. Important information on entry


I. Procedure


On the specially created microsite
https://www.bmw-mountains.com/powderride (hereinafter: "microsite"), participants can create and upload their postcards (hereinafter: “media“) and thus participate in the competition. Each participant may only create and upload one postcard.


Only after a successful registration and upload will the media be entered into the competition. If the registration process or the upload of the media is aborted beforehand, it will not be possible to take part. Successful registration does not provide a login area for participants.


BMW reserves the right to check and reject the media after a successful upload. The approval or rejection of the media is at the discretion of BMW.


As soon as the media is visible on the microsite and the voting phase has begun, it is possible to vote for the selected favourites. Every visitor of the microsite is entitled to vote. Every visitor of the microsite can only vote for each athlete and their favourites once per week. In order to vote, the visitor of the microsite must use a button on the microsite. The media will be shown on the homepage as well as on an extra voting page. The gallery will be “frozen” at the end of the voting phase and it will no longer be possible to vote for the top 5 favourites.


The competition ends on 08/03/2020. The winner of the grand prize will be determined after the end of the competition on the basis of the number of votes received. The winner will be announced in mid-March.


The sharing of media on Facebook and the number of "Likes" it generates there has no influence on the decision of the jury. During the voting phase, there is also the possibility to participate in the weekly draw of the Voting Special by registering once again.


II. Prizes


Participants have the chance to win various prizes.

Grand Prize:
The grand prize is a trip (incl. flights, full board without drinks, side programme) in the period from January to April 2021 for 2 people (prize winner plus companion) through a tour operator chosen by BMW. The location and programme of the four to six day trip will depend on the participant’s travel preferences and fitness level. During the trip, the winner and their companion will be provided with the latest K2 freeride skis and ABS avalanche safety equipment on loan.

Further details of the trip have not yet been disclosed, but will be communicated to the winner in good time before departure.

Second Prize:
The second prize is a trip for 2 people to a BMW Partner Destination in central Europe (Austria, Switzerland or France) in the period from 07/01/2021 to 31/01/2021. The journey will take place in a BMW vehicle from Munich or, depending on availability, from the nearest BMW dealer to the winner’s place of residence. The trip includes a 2-night stay with breakfast, a 3-day ski pass and a day’s freeride experience with a BMW athlete. The desired travel period or freeride experience day must be agreed in advance with the BMW athlete.

Further details of the trip have not yet been disclosed, but will be communicated to the winner in good time before departure.

Third Prize:
The third prize is the winner’s (and a companion’s) participation in a Powderchase “Tourchase” weekend for the 2021 season.
Each winner and their companion will be provided with a BMW vehicle of their choice for their journey from the BMW headquarters in Munich or a BMW branch near to the winner’s place of residence. This will transport the participant to the Powderchase weekend. Powderchase is a freeride weekend during which the only fixed thing is the date – the specific ski resort is selected by the organiser at short notice depending on the snow conditions. The services of our product partner include a ski pass, full board (without drinks), and a mountain guide.
The exclusive organiser of the Powderchase weekend is Powderchase GbR, Münchener Strasse 65, 82049 Pullach (Bas Rotgans and Ricarda Schneegass). Their general terms and conditions apply, and can be downloaded from www.powderchase.com together with the following conditions. The information on the above website regarding personal requirements for participation as well as the requirements for the equipment must be observed. This is an external service, which is merely brokered by BMW. BMW shall not be liable for any disruption of performance, personal injury or damage to property in connection with the services provided by the organiser of the Powderchase weekend.

The Powderchase weekends take place mainly in open terrain under somewhat difficult to very difficult conditions. Unfavourable weather conditions such as rain, snow, fog or dust can make the conditions even more difficult. These conditions place high demands on the equipment as well as the physical fitness and riding technique of the participants of all skill levels. Each participant is therefore responsible for ensuring they only participate with properly maintained sports equipment and the usual emergency equipment such as rucksack, avalanche rescue beacon, shovel, probe and helmet and to realistically assess their own state of health, performance and ability.

The persons responsible for organising the event on site (e.g. mountain or ski guides) reserve the right to exclude participants with recognisable health impairments or a lack of basic sporting knowledge from the event in whole or in part. Participants who appear at the venue without sufficient and functional equipment may also be excluded from participation.

It is expressly to be noted that despite all safety precautions, the general dangers of high mountains cannot be ruled out.

BMW will provide the participant with a BMW vehicle for the journey to and from the event. The vehicle will be handed over with a full tank of fuel. Any travel costs incurred for the journey (fuel/vignette/toll) will be borne by BMW upon presentation of the receipts. When the vehicle is handed over, the participant must sign a vehicle usage contract, which is sent in advance by email to the participant for their own information.

The participant must have a valid category B driving licence.

Voter Specials:

a) Voter Phase 1:
- A pair of K2 Freeride skis incl. binding
- An ABS Avalanche backpack
- One SMITH goggles
- A Bergwelten one-year subscription

b) Voter Phase 2:
- A pair of K2 Freeride skis incl. binding
- An ABS Avalanche backpack
- One SMITH goggles
- A Bergwelten one-year subscription

III. Specific Conditions of the Prizes

1.  Travel Services

Travel services are third-party services that are merely brokered by BMW. The organiser is exclusively the tour operator selected by BMW. The general terms and conditions of the tour operator apply. BMW shall not be liable for disruptions in performance, personal injury or damage to property in connection with the serviced provided by the tour operator.

2.  Event Conditions

The location and programme of the journey take place partly in open terrain under somewhat difficult to very difficult conditions. Unfavourable weather conditions such as rain, snow, fog or dust can make the conditions even more difficult. These conditions place high demands on the equipment as well as the physical fitness and riding technique of the participants of all skill levels. Each participant is therefore responsible for ensuring they only participate with properly maintained sports equipment and the usual emergency equipment such as rucksack, avalanche rescue beacon, shovel, probe and helmet and to realistically assess their own state of health, performance and ability. The emergency equipment (airbag, helmet, avalanche rescue beacon, shovel and probe) may also be provided by the tour operator. It is recommended that each participant take out adequate insurance against possible risks before commencing the journey.

The persons responsible for organising the event on site (e.g. mountain or ski guides) reserve the right to exclude participants with recognisable health impairments or a lack of basic sporting knowledge from the event in whole or in part.

It is expressly to be noted that despite all safety precautions, the general dangers of high mountains cannot be ruled out.

3.  Transfer of Use of a BMW

If the object of the prize involves the transfer of use of a BMW, the following shall also apply:

The BMW will be handed over to the participant by a local dealer. BMW is merely acting as an intermediary. The general terms and conditions of the local dealer apply to the use of the BMW. BMW shall not be liable for any disruptions in performance, personal injury or damage to property in connection with the services provided by the dealer.

The participant must also have held a valid category B driving licence for at least two years.

4.  Dispatch of Prizes – Voter Special

The prize will be sent to the winner at the address given in the registration form once the votes have been counted. However, BMW shall not be liable for successful delivery to the address provided by the winner. If the prize cannot be delivered or is returned as undeliverable, the claim to the prize shall lapse and BMW shall be entitled to redraw the prize.

IV. Acceptance/Redrawing of Prizes


If the winner does not respond within 7 days after the prize notification has been sent to the email address provided by them to declare to BMW that they accept the prize, or if they cannot be reached using the data provided by them, their claim to the prize shall lapse. The same applies if the winner fails to take the necessary steps to participate in the transfer of the prize.

In the case of the grand prize, both the acceptance and the participation period shall be up to 6 weeks prior to the planned start of the journey. For the second and third prizes, both the acceptance period and the participation period are up to 2 weeks before the planned start of the trip. If the prize lapses, a new draw will take place among other participants. The announcement of the winners takes place without guarantee. The jury’s decision is final. A cash payment or exchange of the prizes is not possible. Winning claims are not transferable to other persons.

BMW is entitled to refuse the prize to the participant if the participant is unable or unwilling to travel. In this case, the participant’s entitlement to a prize shall lapse and BMW shall be entitled to redraw the prize.


V. Media Specifications


Only cards generated and uploaded via the microsite may be used as media. The person depicted in the photo may only be the participant themself or must have a connection to the competition.


VI. Approval and Rejection of Media


BMW reserves the right to check the uploaded media. The approval or rejection of the media is at the discretion of BMW. Media depicting content which is pornographic, racist, harmful to minors, offensive or illegal will be rejected and excluded. Media in which third parties are identifiable may only be uploaded with the agreement of these parties. The consent of these third parties may have to be proven with a written declaration of consent.

Images and video recordings must be free of technical problems (picture detail, exposure, interpolation, grain size).

The media must not contain any logos, trademarks or protected elements and may not show any buildings, sites or objects which are protected by copyright. It is also forbidden to upload images and videos with graphic elements which have not been created by the user (e.g. 3D objects which the user has not created themselves or a photo set with images that do not belong to them). The use of music in videos is only permitted if the music used is not protected by copyright. Media which has not been approved will not be stored, but will be deleted from the database.


VII. Liability and Indemnification


By participating and uploading media, participants confirm that they own all rights to the uploaded media, that the media is free of third party rights and that they do not infringe any rights of third parties. Participants shall indemnify BMW against all claims asserted by third parties due to the infringement of their rights. BMW shall only be liable for damages in connection with the conduct of this competition if they have been caused intentionally or through gross negligence on BMW’s part.


VIII. Utilisation right


Each participant grants BMW and its affiliated companies the simple unrestricted right of use to the media (in terms of time, space and content) free of charge. This includes the use of the media in media campaigns (national and international) as well as other advertising and reutilisation measures (e.g. presentation in exhibitions, publication on the internet and on social media). Participants are not entitled to any right to publication.


IX. Data storage and data usage


The personal data of participants that was collected during registration (e.g. first and last name, email address, date of birth, etc) are forwarded to BMW’s central database where they are stored. Participants agree that the stored data may be used for the purpose of conducting the competition. This declaration of consent may be revoked at any time in writing to User Support, support_bmwmountains@bmw.com. In this case, the stored data will only be used for the purpose of conducting the competition.

With their participation in particular, the participant understands that their name will be published and mentioned on bmw-mountains.com as well as on Facebook and other social media sites. Furthermore, the participant agrees that photographs taken in the context of the prize handover may be published by BMW for reporting purposes. This declaration of consent may be revoked at any time in writing to User Support, support_bmwmountains@bmw.com. Participation in the competition is also possible after the declaration of consent has been revoked. In this case, the stored data will only be used for the purpose of conducting the competition.


X. Image deletion


Uploaded videos cannot be removed by participants themselves. To remove the uploaded media, the participant must contact User Support by email at support_bmwmountains@bmw.com. The media will then be removed by User Support. Any possibly claim to a prize will expire in this case.


XI. Changes to the conditions of entry


BMW reserves the right to terminate the competition, change, or amend the conditions of participation at any time. This applies in particular in the event of unforeseen circumstances (e.g. technical problems). BMW also reserves the right to exclude individual participants from the competition on suspicion of manipulating votes, violating the entry conditions, or using illegal content.


XII. Other


The decision of the jury is final. A cash payment for the value of the prizes is not possible. Should individual provisions be invalid, this shall not affect the conditions of participation as a whole.


C. Further Legal Notices


I. Privacy Notice


BMW AG collects personal data for the purpose of conducting the competition/prize draws, in particular the first and last name, email address and country of the participant and BMW specific parameters. Data is processed exclusively for the purpose of conducting the competition/prize draw (Art. 6 Para. 1 lit. b) GDPR) and may be made available to third parties in this context (e.g. companies affiliated with the event organisers within the meaning of §§ 15 et seq. of the German Companies Act and/or service providers).
Further information on data protection, in particular on contact details and the participant’s affected rights, can be found at https://bmw-mountains.com/en/data-privacy.


II. Liability


This website was created with the greatest possible care. Nevertheless, no guarantee can be given for the correctness and accuracy of the information contained. Any liability for damages arising directly or indirectly from the use of this website is excluded, unless based on intent or gross negligence. BMW assumes no responsibility for the content of websites that are operated by third parties and therefore waives its liability for any links from this website to other websites.

BMW is liable for damages only in the case of intent and gross negligence. This does not apply in the case of injury to life, body or health. This also does not apply to the violation of essential contractual obligations. These are obligations which are essential for conducting the competition, as they make the competition possible in the first place and on the fulfilment of which the participant therefore relies and may rely. Damages for the violation of essential contractual obligations are limited to foreseeable damages typical for competitions/prize draws, unless intent or gross negligence is involved or liability is assumed for injury to life, body or health.