Terms and conditions.
A. Basic Information.
What’s it about?
The BMW xDrive Cup Winter campaign is a competition run by Bayerische Motoren Werke AG (hereafter: "BMW"). As part of the competition, various prize draws will take place from 02/12/2019 until the end of the ski season (around 30/04/2020).
Participants who register on bmw-mountains.com have the chance to win prizes by collecting points which can be earned through BMW xDrive Cup offers in BMW Mountains partner ski resorts and online on the BMW Mountains website. In the BMW xDrive Cup, for example, participants receive points for the altitude difference they have ridden in the ski resort, for taking photos at BMW xDrive Cup photo points, and for skiing at the ski movie station. The points you earn will be credited to your BMW Mountains profile by adding the ski pass of the respective ski day to your profile. By completing various tasks on bmw-mountains.com, such as sharing media on social media channels, answering quiz questions and doing other activities, participants can earn additional points that will also be credited to their BMW Mountains profile.
From when to when?
The competition runs from 02/12/2019 until 30/04/2020.
During this period, monthly, main and season prizes will be drawn. The winners will be announced at the end of each time frame.
Who is eligible to participate?
All persons aged 18 and over (hereafter: "participants") who have a BMW xDrive Cup profile and have registered with bmw-mountains.com for the duration of the competition (02/12/2019 to 30/04/2020) are eligible to participate in the prize draw for the monthly prize, main prize and season prize. Participation takes place automatically upon successful registration. A login area will be provided for participants once they register, in which all collected points are stored during the season. BMW accepts no responsibility for late or lost registrations.
The following groups are not eligible to participate: employees of BMW AG, as well as its subsidiaries and affiliated companies, employees of METZLER : VATER campaigns GmbH, Adams-Lehmann-Str. 56, 80797 Munich, employees of the participating mountain railways and local ski schools, and of Alturos Destinations GmbH, Lakeside B03, AT-9020 Klagenfurt. Also excluded are their subsidiaries or affiliated companies as well as family and household members of the aforementioned companies. BMW also reserves the right to exclude participants who provide incorrect or incomplete personal information.
How are the winners chosen?
The winners of the monthly prizes and main prize will be determined by lot. The draw for the monthly prize will take place on the 10th of each month, while the draw for the main prize will occur on 15/05/2020.
The winner of the season prize will be determined on the basis of the highest number of points collected in the period from 02/12/2019 to 30/04/2020. If several persons have the same highest number of points, the decision will be made by lot.
The winners will be notified by email. If the winner does not respond within 14 days of notification, their prize will be forfeited. The announcement of the winners takes place without guarantee. The organiser’s decision is final. A cash payment or exchange of prizes is not possible. Winning claims are not transferable to other persons. Should individual provisions be invalid, this shall not affect the conditions of participation as a whole.
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 terms and conditions of participation are subject to the law of the Federal Republic of Germany. The legal venue is Munich.
B. Important Information about Participation.
All participants who register on bmw-mountains.com can collect points through BMW xDrive Cup offers at BMW Mountains partner ski resorts and online on the BMW Mountains website for the duration of the competition.
In the BMW xDrive Cup, for example, participants receive points for the altitude difference they have ridden in the ski resort, for taking photos at BMW xDrive Cup photo points, and for skiing at the ski movie station. The points you earn will be credited to your BMW Mountains profile by adding the ski pass of the respective ski day to your profile. By completing various tasks on bmw-mountains.com, such as sharing media on social media channels, answering quiz questions and doing other activities, participants can earn additional points that will also be credited to their BMW Mountains profile.
Depending on the number of points, participants can move up to the next level. The scale is as follows:
• Level 1: 0 – 499 points
• Level 2: 500 –999 points
• Level 3: 1000 – 1999 points
• Level 4: 2000 – 4999 points
• Level 5: from 5000 points
Participants have the chance to win different prizes by collecting points and through prize draws. Each participant is only entitled to participate once per prize. The opportunities to win are as follows:
Monthly Prize: A prize will be drawn monthly in each of the five levels, regardless of the number of points.
Main Prize: At the end of the season, the main prize will be drawn among all participants from level 4 and above.
Season Prize: The participant who has collected the most points during the season wins the season prize.
The competition ends on 30/04/2020. Depending on the prize, the winners will be determined by lot or by number of points at the end of the competition.
1. Main Prize
The main prize, a BMW X1, will be drawn among all participants with 2000 points and above (over all months and ski resorts). The fees for the initial registration, insurance, vehicle tax, costs for the maintenance and operation of the vehicle as well as all other taxes and costs arising in connection with the use of the vehicle shall be borne by the respective winner from the time of acquisition of the vehicle. Upon delivery of the vehicle, the winner must prove the existence of the required insurance policies for the vehicle with appropriate documentation.
2. Season Prize
The participant who has collected the highest number of points during the 2019/2020 winter season will be awarded the season prize: a three-day trip with an overnight stay in a 4-star hotel (subject to availability) on a half board basis in Lech Zürs am Arlberg, a 2-day ski pass with a ski instructor or ski guide upon request, as well as the outward journey in a BMW xDrive model from Munich.
3. Monthly Prize
Throughout the season, a monthly prize will be drawn every month within each level depending on availability. This includes various items from BMW cooperation partners for the respective monthly draws.
III. 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.
IV. Rights of Use.
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.
V. Storage and Use of Data.
The personal data of participants that was collected during registration (e.g. first and last name, email address, date of birth, etc) as well as the media itself 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, firstname.lastname@example.org.
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, email@example.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.
Personal details are collected for the purpose of the competition, in particular the participant’s first and last name, email address and date of birth. This data will be used exclusively to conduct the competition and will be deleted after the competition has ended.
The newsletter informs the participant exclusively about current news and promotions on the subject of BMW Mountains and the BMW xDrive Cup.
VII. Changes to the Conditions of Participation
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.
C. Legal Information.
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. 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). Personal data will be removed from the database after 12 months unless the conditions of participation are accepted again.
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.
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.
III. Use of Skiline.
Skiline is a service which is provided free of charge by Alturos Destinations GmbH, Lakeside B03, 9020 Klagenfurt, Austria, to ambitious winter sports enthusiasts. The service includes the skiline.cc portal via the web browser, apps, Skiline terminals, photo points and other facilities. Skiline offers the features as documented at www.skiline.cc.
Prerequisite for participation on bmw-mountains.com is the creation of an account on skiline.cc during registration on bmw-mountains.com. In addition, you agree that the information you enter on bmw-mountains.com or skiline.cc as well as the information from control systems in the ski lift system may be electronically stored and processed and that emails may be sent to you, including for marketing purposes. You also agree that personal data (e.g. name and email address) may be passed on to the mountain railway operating company, whose ski pass you have entered or registered with bmw-mountains.com or Skiline, among other things for marketing purposes and for the services of skiline.cc.
As the Skiline service is provided free of charge, Alturos Destinations GmbH cannot assume any liability for the functionality and permanent availability of equipment and services or for damages resulting from the use of the system.
In your own interest, Skiline must ask you to keep passwords secret and, in the event of loss or suspicion of misuse of a password, to notify Skiline by email at firstname.lastname@example.org.