TERMS AND CONDITIONS.

A. Terms.

Freeride.
Skiing in open country or free-riding, also backcountry and off-piste skiing. This term refers to skiing and snowboarding in untouched snow away from marked and controlled ski pistes. Deep-snow skiing and avalanche training are basic requirements for free-riding.

B. Fundamentals.

Basic Facts.
The BMW Powder Ride campaign is a competition being held by Bayerische Motorenwerke AG (referred to hereinafter as: “BMW”). The competition will run from January 2018 to March 2018 and involves the award of a prize for the best three photographs on the topic of “Freeride” every month and also a prize for the best uploaded photograph at the end of the season.

From when to when.
The competition runs from 01/01/2018 to 31/03/2018.

Who is eligible to take part?
Winter sports enthusiasts and freeriders resident in Europe, aged 18 and over (hereinafter: “participants”). Persons with residences in countries in which the competition, and/or participation in it, is legally not permitted and/or restricted, cannot participate. Employees of BMW AG and its subsidiaries or affiliated companies are not permitted to take part, nor are employees of METZLER : VATER campaigns GmbH, Adams-Lehmann-Str. 56, 80797 Munich. Families and household members of employees of the aforementioned companies are not permitted to enter the competition either.

Who chooses the winners?
The monthly winners are determined automatically by the number of votes (stars) cast in favour of the photographs. The main prizewinner is chosen by a jury. The jury consists of three representatives nominated by K2 and three by BMW and POWDERCHASE as well as the athletes Sandra Lahnsteiner, Felix Wiemers and Roman Rohrmoser.

C. Important information on entry.

I. Procedure.
On the specially created Microsite https://www.bmw-mountains.com/powderride (hereinafter: “Microsite”), participants can upload photographs of their freeride experiences and enter the competition in this way. When a participant uploads a photograph, they must fill out a registration form. Three photographs can be submitted per upload/registration. The photographs are not approved for competition entry until registration has been completed. If the registration process or upload is prematurely interrupted, the competition entry does not come into effect. Successful registration does not lead to provision of a log-in area for participants. Each additional upload requires the participant to register again. After the successful upload, the pictures will be collected in a pool and will then be evaluated by BMW. Approval or rejection of the photographs is entirely at the discretion of BMW. Participants will be informed of approval or rejection by email. As soon as the pictures are approved for the microsite, it will be possible to vote for them. Anyone visiting the website is eligible to vote. Every visitor to the microsite can only vote once per picture. In order to cast a vote, the visitor has to click on the relevant symbol (star) shown on the respective photograph (community vote). The media will be displayed on the homepage as well as on the gallery page. Additionally, the visitor has the opportunity to participate in the Voter Special. As soon as a visitor decides to participate in the competition, he or she will be taken to the registration form where they must select their country of origin and provide the necessary data. At the end of every month (always on the last day of the month at 00:00), there will be an automatic count to determine which three pictures were able to collect the most votes. The winners will be notified via email. By participating, each participant agrees to his or her name being published in case that they should win. These pictures will be forwarded automatically to a winning page specifically created for this purpose. The gallery for each month will then be “frozen” and voting for the pictures uploaded that month will no longer be possible. Pictures already uploaded cannot be uploaded again. To participate in the competition again, a new picture will need to be uploaded. At the end of each month, there will also be a draw to determine the winner of the relevant Voter Special. The winners will be notified via email. By participating, the participant agrees to his or her name being published should they win. The competition ends on 31/03/2018. The main winner will be determined by the judges following the completion of the competition. All uploaded pictures, as well as the prior monthly winners, will be considered. The announcement of the winner will be carried out at the beginning of April. By participating, the participant agrees to his or her name being published should they win. Publication of the photographs on Facebook or the number of ‘likes’ gained there has no impact on the jury’s decision.

II. Prizes.
I. Main Prize: An unforgettable POWDERCHASE adventure
II. 1st Monthly Prize: POWDERCHASE Weekend
III. 2nd Monthly Prize: Peak Performance Skiing Backpack
IV. 3rd Monthly Prize: SAAC Basic Camp
V. Voter Special: UE WONDERBOOM Bluetooth Loudspeaker

– For details, see the description of the Prizes –

Photographs requirements.
Entrants themselves must be recognisable in the photographs.. The photograph may not have been published via any other channel prior to the competition.

Approval of photographs.
BMW reserves the right to approve the uploaded photographs. photographs which do not show freeride motifs cannot be approved. The requirement for approval is that the photograph clearly shows the participant in a skiing area performing a jump or descent. photographs containing pornographic, youth-endangering, insulting or illegal content will not be approved. Images on which third parties can be seen may only be uploaded if these third parties agree. Proof of agreement of these third parties must be provided in the form of a written statement of consent. Photographs must be free of technical problems (image section, exposure, interpolation, graininess). The photographs may not contain any logos, trademarks or other protected elements and may not show buildings, places or objects that are subject to copyright. What is more, photographs may not be uploaded if they contain graphic elements which the user did not create (e.g. 3D objects which the user has not created him/herself or a photograph set with images which to not belong to the user).

Liability and exemption.
By entering the competition and uploading photographs, participants confirm that they are the creator of the photograph, that they dispose of all rights to the uploaded photograph, that the photographs are free of any third-party rights and that the photographs are not in breach of any third-party rights. Participants exempt BMW from all claims asserted by third parties due to a breach of their rights. BMW is only liable for damages in conjunction with the implementation of this competition if caused deliberately or in gross negligence.

Utilisation right.
Each participant grants BMW and its affiliated companies the simple right of utilisation to the photographs free of charge and without restriction in terms of time, place and content. This includes use of the photographs in campaigns (national and international) as well as other advertising measures and types of usage (e.g. presentation at exhibitions, publication on the internet and in social networks) Participants are not entitled to publication of their photographs.

Data storage and data usage.
The personal data of the participants collected as part of the registration (e.g. first and last name, email address, date of birth etc.), as well as the media themselves, will be forwarded to BMW’s central database and will be stored there. By participating, the participant agrees to his or her name being published in the event that they should win.

Image deletion.
Uploaded photographs cannot be removed by participants themselves. The participant must contact User Support by e-mail in order to have the uploaded photographs removed. The photographs will then be removed by User Support. In this event, the participant no longer has any entitlement to win a prize.

Changes to the conditions of entry.
BMW reserves the right to end the competition and to alter or supplement the conditions of entry at any time. This particularly applies in the event that unforeseen circumstances arise (e.g. technical problems). BMW likewise reserves the right to exclude individual participants from the competition if there is a suspicion of vote manipulation, violation of the conditions of entry or usage of illegal content.

Other.
Recourse to legal action is excluded. Cash payment of the prizes is not possible. In the case of invalidity of individual provisions, this does not affect the conditions of entry as a whole.

XI. Description of the prizes.

I. Main prize – An unforgettable POWDERCHASE adventure.
The main winner and his or her companion will be awaited by an unforgettable POWDERCHASE experience together with one of our BMW athletes. The time and place of the four to six day-long adventure will be selected by POWDERCHASE in January 2019 on short notice and in accordance with the best snow conditions. To make sure that the skiing experience goes down as perfectly as possible, the winner and his or her companion will be provided with the newest Freeride skis by K2, as well as avalanche safety equipment by BCA, on a rental basis.

II. Monthly prizes:

1. Monthly Prize: POWDERCHASE Weekend.
Summary Each participant, together with an accompanying person, is provided with a new BMW X model at the BMW Headquarter in Munich. Participants drive to the Powderchase Weekend in this BMW X model. Powderchase is a freeride weekend at which initially only the date is fixed – the specific skiing area is selected at short notice by the organiser depending on snow conditions. Our product partner’s services include ski pass, simple accommodation incl. breakfast and dinner and a mountain guide. Legal aspects The organiser of the POWDERCHASE Weekend is solely POWDERCHASE GbR, Münchener Strasse 65, 82049 Pullach (Bas Rotgans and Ricarda Schneegass). The company’s General Terms and Conditions apply, available at www.powderchase.com, and also the conditions set out below. It is absolutely essential to note the information available on above website regarding personal requirements for participation and requirements in terms of equipment. This is an externally provided service for which BMW only acts as an intermediary. BMW is not liable for defaults, bodily injury or material damage in connection with the services provided by the organiser of the POWERCHASE Weekends. The POWDERCHASE Weekends take place in open terrain in conditions which are in some cases difficult to very difficult. Adverse weather conditions such as rain, snow, fog and dust can make the conditions even more difficult. These conditions pose considerable challenges in terms of the material and the physical fitness and skiing technique of participants at every skill level. Every participant is therefore responsible themselves for using only properly maintained sports equipment and the usual emergency equipment such as a rucksack, avalanche rescue beacon, shovel, sensor and helmet and for realistically assessing their own state of health, performance capacity and skill. It is within the authority of the individuals responsible for carrying out the event on site (e.g. mountain guides or ski guides) to exclude participants from the event either wholly or partially if they are recognisably suffering from health impairments or lack the necessary basic skills. Participants who come to the event location without sufficient equipment in operational condition can also be excluded from participation. Participants’ attention is explicitly drawn to the fact that, in spite of all safety precautions, the general dangers of a high mountain range always apply. BMW provides the participant with a new BMW X model for the outward and homeward trip. The vehicle is handed over complete with a full tank of fuel. Any travel costs (fuel/vignette/tolls) incurred for the journey will be taken on presentation of the documents from BMW At the vehicle handover the participant is required to sign a vehicle use contract which is sent to the participant in advance by e-mail for information purposes. Participants must be in possession of a valid Class B driving licence.

2. Monthly prize: Ski Peak Performance Backpack.
The second prize is a Peak Performance ski backpack. The model is the Black / 050 backpack (20l). The winner will be contacted after the evaluation of the votes and the prize will be sent to the address indicated. BMW does not guarantee the successful delivery to the address given by the winner. If the prize is undeliverable, the right to it will lapse and BMW is entitled to reallocate the prize.

3. Monthly Prize: SAAC Basic Camp.
The third prize consists of a SAAC Basic Camp for two people. The SAAC Basic Camp is a two-day-long avalanche camp with background information and practical experiences for off-slope fanatics. Mountain guides and snowboarding pros will educate about various Alpine dangers off the safe slopes. The services provided by our product partners contain rental equipment, an LVS device, a shovel and a probe. All skiers and snowboarders aged 14 and above with sufficient skill on the ground can participate in a SAAC Basic Camp. Please note that the winner of march 2018 can only take part in the SAAC camp in the season 2018/2019.

- Warth-Schröcken (03/17 - 03/18/2018): 2 spots for the winner of January
- Obertauern (04/07 - 04/08/2018): 2 spots for the winner of February
- Destination tbd (season 2018/2019): 2 spots for the winner of March

Voter special prize: UE WONDERBOOM Bluetooth Loudspeaker.
The Voter Special is also available for supporters. The voters will receive the chance to win 3 x 1 UE WONDERBOOM Bluetooth Loudspeaker (PHANTOM Edition). The ultraportable Bluetooth® loudspeaker by Ultimate Ears provides surprisingly rich sound and will play your music like never before, providing 10 hours of entertainment.