Terms and conditions.

Competition.

The BMW Powder Ride campaign is a competition being held by Bayerische Motorenwerke Aktiengesellschaft, Petuelring 130, 80788 Munich (referred to hereinafter as: “BMW”). As part of the competition, users will be able to put together their own powder ride experience between 4th January 2019 and 18th March 2019.

On the specially created https://www.bmw-mountains.com/powderride microsite (henceforth: “microsite”), participants will be able to put together their own personal dream powder trip with the help of a customiser and thereby participate in the competition. In various steps, the participant will be able to decide in which county, on what fitness level, with which activity and with which athlete he or she would like to experience their powder trip. As soon as these steps have been completed, the participant will be able to compose a personal message to his athlete of choice. The freeriding athletes Sandra Lahnsteiner, Matthias Haunholder, Roman Rohrmoser, Matthias Mayr and Felix Wiemers are part of the campaign. Following the completion of the steps, the message will be displayed in the shape of a postcard, which can be further arranged by uploading a personal picture and by decorating it with personalised icons. Once the customisation and the subsequent registration has been completed successfully, the postcard will be allowed into the competition. If the registration process and / or the customisation of the dream powder trip is interrupted, participation will not take place. The successful registration will not result in the provision of a login area for the participants.
Following the successful upload, the postcard will be added to a pool and then verified by BMW. The approval or rejection of the postcard is at the discretion of BMW. As soon as the postcard has been approved, it will appear on postcard gallery on the microsite.
Following the conclusion of the application phase on 18/02/2019, each athlete will get to select their top 3 from the postcards addressed to them at their own discretion. Voting for the 15 selected postcards will be possible from 26/02/2019 to 18/03/2019. In order to cast a vote, the visitor has to click on the relevant symbol (star) shown on the respective postcards (community vote). The media will be displayed on the homepage as well as on the gallery page.
Additionally, the visitor will be able 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 provide the necessary data. such as first and last name, email address and country. The conclusion of the voting phase on 18/03/2019 also marks the end of the competition. The winner’s postcard will be displayed on a winner page. The gallery will then be “frozen” and voting for the postcards will no longer be possible.

Entry period.

The entry period of the BMW Powder Ride Campaign to win the main prize begins on 04/01/2019. The entry period ends on 18/02/2019. Participants enter automatically by successfully registering on https://www.bmw-mountains.com/powderride. BMW assumes no responsibility for delayed or lost registrations. The voting phases, during which three voter specials can be won each week, begins on 26/02/2019 and ends on 18/03/2019. Within this time period, there will be three voting phases:
a) Voting phase 1: 26/02/ – 04/03/2019,
b) Voting phase 2: 05/03/ – 11/03/2019,
c) Voting phase 3: 12/03/ – 18/03/2019.

Participation.

Only those who register for the BMW Powder Ride with their details within the provided entry period (04/01/2019 to 18/02/2019) will be permitted into the competition for the main prize. Each user may only register for the main prize once.

Only those who register for the BMW Powder Ride with their details within the provided entry period (26/02/2018 to 18/03/2019) will be admitted to the competition for the voting special. Every visitor to the microsite is entitled to vote.

Eligibility.

All winter sports enthusiasts and freeriders aged 18 and above who reside within a member country of the European Union (hereafter: “participant”) are eligible to participate. Persons with residences in countries in which the competition, and/or participation in it, is legally not permitted and/or restricted, cannot participate.
a) Persons who are less than 18 years of age at the time of entry are barred from participating. BMW reserves the right to validate the legal age of each participant.
b) BMW employees, as well as employees of companies associated with BMW, and their relatives are barred from participating as per §§ 15ff. AktG.
c) Participants who through improper means or other miscellaneous forms of manipulation attempt to gain an advantage in the competition and thereby breach the principle of equality of opportunity are barred from participating in the competition / prize draw.
d) During the voting phase from 26/02/2019 to 18/03/2019, voters will have the chance to vote for each athlete once per week.
e) Participants who breach the terms of eligibility may be barred from participating.

Guidelines on participant-generated content.

a) Participant-generated content must comply with applicable law. In particular, content may not contain pornographic, racist, political or religious subject matters and may not infringe upon the rights of third parties (such as copyrights, trademark rights or personal rights).
b) If there is reason to suspect that a participant — in violation of the previously detailed paragraph a) — is using unlawful content as part of their participation, BMW reserves the right to bar the participant from participating at any time and to delete the relevant content.
c) The persons shown on the photo may only be the participant themselves or must be related to the competition in some way.
d) BMW is entitled to change and modify the content for the purpose of the competition / prize draw. BMW will ensure to protect the personality rights of the participant.
e) The participant grants BMW the non-exclusive usage rights to their content, unrestricted by place, time or substance, and free of charge. This especially includes usage for the purpose of the execution of the competition / prize draw and for reports by the press or other outlets.
f) In the event of a breach of the rights and lawfulness guarantees provided by the participant, the participant relieves BMW of any claims that third parties may assert against BMW. In addition, the participant pledges to support BMW in case of a legal dispute in every respect during legal defence proceedings and to cover the costs of the required legal defence, including all court costs and attorney fees. Any further claims for compensation on the part of BMW against the participant remain unaffected. Should the participant breach the aforementioned eligibility requirements, the participant will relieve and indemnify BMW, companies associated with BMW, as well as the employees, co-workers, representatives, shareholders and subcontractors of BMW and / or of companies associated with BMW, on first demand in regard to demands or claims of any kind whatsoever raised by third parties as a result of or in connection to content that the participant has provided and / or transmitted as part of their participation in the competition / prize draw. This also includes the appropriate attorney or court fees respectively.
g) Uploaded photographs cannot be removed by participants themselves. The participant must contact User Support by e-mail support_bmwmountains@bmw.com in order to have the uploaded photographs removed. The photographs will then be removed by User Support. In this case, participation in the competition ends.

Prizes.

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 Participants have a chance at winning various prizes.
Main prize: The main prize is a trip (including flight, full board without beverages, side programme) in the period from January to April 2020 for 2 persons (main winner plus one accompanying person) organised by a travel agency selected by BMW. The place and programme of the four-to-six-day trip will depend on the travel preference and the fitness level provided by the participant. During the trip, the winner, as well as their plus one, will be able to rent the newest K2 freeriding skis, as well as an ABS avalanche safety kit.

Second prize:
The second prize is a trip for 2 persons to a BMW partner destination in Central Europe (Austria, Switzerland or France) within the period from 07/01/2020 to 31/01/2020. The outward journey will be taken in a BMW from Munich or — depending on availability — from the BMW dealer closest to the winner’s place of residence. The trip will include 2 overnight stays including breakfast, a 3-day ski pass and a one-day freeriding experience with a BMW Athlete. The preferred travel period and day of the freeriding experience is to be agreed upon in advance with the BMW Athlete.

Third prize:
For the third prize, there will be a draw to select a winner who may then choose an accompanying person to participate in a “Tourchase” weekend by POWDERCHASE from 02/04/ to 07/04/2019. The outward journey will be taken in a BMW from Munich or — depending on availability — from the BMW dealer closest to the winner’s place of residence. The trip will include full board (without drinks) and a ski pass. The POWDERCHASE weekends primarily take place in open terrain and with partly difficult to very difficult conditions. Unfavourable weather conditions, such as rain, snow, fog or dust could result in additional difficulties. No matter the skill level, such conditions place heavy burdens on materials, as well as on the physical fitness and the riding skills of the participant. Thus, every participant is responsible to participate only with impeccably serviced sports gear and with the usual emergency equipment, such as a backpack, avalanche transceiver, shovel, probe and helmet, and to realistically assess their own health, physical fitness and ability. The persons responsible for the execution of the event (e.g. mountain or ski guides) reserve the right to partly or completely bar participants with recognisable health issues or lacking athletic ability from the event. Participants who show up at the event location without sufficient and functional equipment may also be barred from participating. It should be noted clearly that despite all safety measures, the general dangers associated with the high mountains cannot be excluded.

Voter specials:
a) Voting phase 1:
- One pair of K2 freeriding skis including bindings
- One ABS avalanche backpack
- One year-long “Bergwelten” magazine subscription
b) Voting phase 2:
- One pair of K2 freeriding skis including bindings
- One ABS avalanche backpack
- One year-long “Bergwelten” magazine subscription
c) Voting phase 3:
- One pair of K2 freeriding skis including bindings
- One ABS avalanche backpack
- One year-long “Bergwelten” magazine subscription

Winners.

The selection of three favourite postcards per athlete for the voting phase will be carried out by the respective athletes and from a pool of all participants. The winner of the main prize, the second prize, as well as the third prize, will be determined by the highest number of votes. The winner will be announced in early April. The spread of the postcard on Facebook or the number of “likes” received there has no bearing on the number of votes. Should several people end up with the same number of votes, a winner will be decided via draw. If the winner does not respond within 7 days after the winning notification has been sent to the email address provided by them and does not declare their acceptance of the prize to BMW or if they cannot be reached via the personal details provided, the participant is no longer entitled to the prize. The same applies in the event that the winner refrains from undertaking the cooperation necessary for relaying the prize. For the main prize, both the acceptance deadline, as well as the cooperation deadline, are up to 6 weeks before the intended travel departure. For the second and third prize, both the acceptance deadline, as well as the cooperation deadline, are up to 2 weeks before the intended travel departure. If the prize expires, a new draw will be conducted among the remaining participants. No liability is assumed for the announcement of the winners. Recourse to legal action is excluded. Cash payment or exchange of the prizes is not possible. Prize claims may not be transferred onto other persons. During the voting phase, there will be additional draws every week to determine the winners of the relevant voter special. The winners of the voting prize will be determined through random selection and will be notified within 4 days via email.

a) Voting phase 1: 26/02/ – 04/03/2019, notification until 08/03/2019
b) Voting phase 2: 05/03/ – 11/03/2019, notification until 15/03/2019
c) Voting phase 3 3: 12/03/ – 18/03/2019, notification until 22/03/2019
If the winner does not respond within 4 days after the winning notification has been sent to the email address provided by them and does not declare their acceptance of the prize to BMW or if they cannot be reached via the personal details provided, the participant is no longer entitled to the prize. The same applies in the event that the winner refrains from undertaking the cooperation necessary for relaying the prize.

Miscellaneous.

You can find additional information on BMW on https://bmw-mountains.com/en/imprint.
The drawing of the prizes will be conducted under exclusion of legal action. The eligibility requirements are subject to the laws of the Federal Republic of Germany. The court of jurisdiction is Munich. 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.

Limitation of liability.

BMW is only liable for damages in the event of intent or gross negligence. This does not apply in case of damage to health, life or limb. It does also not apply to breaches of contractual obligations. These are obligations that are substantial for the execution of the competition, for they are what make it possible in the first place and on whose fulfilment the participant thus relies and may rely. Damage compensation for the breach of these contractual obligations is limited to competition- / prize-draw-typical, foreseeable damages, provided that there is no intent or gross negligence or that liability is assumed as a result of damage to health, life or limb.

Data protection notice.

BMW AG collects personal data for the execution of the competition / prize draw, namely first and last name, email address and country of the participant. These data are exclusively processed for the execution of the competition / prize draw (Art. 6(1) lit. b, GDPR) or may in this context be provided to third parties (e.g. companies associated with the event organiser in the sense of §§ 15ff. AktG and/or service providers) and will be deleted again after 12 months after the completion of the competition / prize draw.
Additional information on data protection, especially in regard to contact details and the participant’s data subject rights, can be found under https://bmw-mountains.com/data-privacy.

Consent to publishing of names and photographs.

By participating in the competition, the participant consents to their name being published and listed on bmw-mountains.com, as well as on Facebook and other social media platforms. In addition, the participant consents to photos that are made as part of the handing over of the prize and during the winning trip to be used by BMW for reports about the event. The participant may revoke their consent to this for the future at any time via an email to support_bmwmountains@bmw.com.
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.