TERMS AND CONDITIONS OF PARTICIPATION – Instagram ticket raffle
TERMS AND CONDITIONS OF PARTICIPATION – Instagram ticket raffle
On behalf of the Open Joint Stock Company GAZPROM (GAZPROM) – official sponsor of the UEFA Champions League – GAZPROM Germania GmbH (hereinafter referred to as “GAZPROM Germania”) is organizing a ticket raffle on the Instagram page “@GazpromFootball”. These terms and conditions govern the conditions for participation in the ticket raffle. By participating in the raffle, these terms and conditions are accepted.
The competition is organized by GAZPROM Germania GmbH, Markgrafenstraße 23, 10117 Berlin.
In order to participate in the raffle via Instagram, the participant must have an Instagram account. The participant must follow the Instagram account @gazpromfootball, at least during the participation period between 06 March 2020 at 16:00 CET and including 10 March 2020 until 14:00 CET (hereinafter referred to as "participation period") and tag the friend who could accompany the winner to the game in a comment to the posting.
All natural persons over the age of 18 at the time of the beginning of the participation period are eligible to participate, with the exception of employees (or their relatives) of GAZPROM Germania and GAZPROM Group of companies and persons involved in the organization of the raffle (or their relatives).
Participants may only comment on the post once. Additional comments do not count as additional entry. Participation via a raffle service is prohibited. GAZPROM Germania is entitled to exclude participants from the promotion if they manipulate or attempt to manipulate the participation process or violate the conditions of participation or public morality or otherwise attempt to influence the promotion in an unfair or dishonest manner. In such cases, the winning entries may be excluded retroactively and an alternative winner(s) will be selected.
All participants who carry out the steps mentioned under II.1. during the participation period will take part in the raffle unless they are excluded according to clause II.3. Entries received after the closing date will not be considered. GAZPROM Germania assumes no responsibility for technical faults in the telecommunications networks, Internet access, or for otherwise preventing participation in the raffle.
Participation in the raffle is free of charge and completely voluntary. Participation in the raffle is neither dependent on the purchase of a product or service nor on ordering a newsletter.
III. Drawing procedure
The winners will be selected at random from all eligible and/or correctly submitted entries. The draw will take place behind closed doors. The draw date will be on March 10th, 2020.
Winners will be announced under the contest post and as a separate story element on our Instagram account @gazpromfootball.
Because the raffle is conducted through Instagram, participant acknowledges that the raffle is not in any way sponsored, endorsed or administered by or affiliated with Instagram. The participant also acknowledges that all information provided in connection with the raffle will be provided to GAZPROM Germania and not to Instagram. All questions or comments regarding the raffle should be directed to GAZPROM Germania, not Instagram. The participant releases Instagram and its affiliated companies from all obligations arising from the raffle.
In the event of a win, the participant will be notified in text form (by a personal message via Instagram). The winner is obligated to inform GAZPROM Germania within 24 hours after receipt of the notification in the form described therein (timely dispatch is sufficient) whether he or she accepts the prize. If he or she accepts the prize, the tickets will be sent to the address of his or her choice. In the event that these deadlines are not met, the winner does not accept his or her prize and/or we cannot contact him or her via the contact details provided, GAZPROM Germania is entitled to draw a new winner by random draw and to award the prize to another winner. Any claims for damages against GAZPROM Germania by the winner initially determined shall be excluded.
The recourse to legal action is excluded.
IV. Prices of the raffle
The prize pool includes 2x2 tickets for the UEFA Champions League match Manchester City FC – Real Madrid CF on 17 March 2020 (hereinafter referred to as “the match”) in Manchester. The tickets do not allow access to the hospitality areas.
Only 1x2 tickets can be won per participant.
A cash payout or an exchange of the prize is not possible. The prize does not include travel or accommodation expenses. Travel and accommodation expenses to the match shall be borne by the winner. The prize is not transferable.
In addition, the terms and conditions of the Organizer of the match, the UEFA, apply and can be found here: https://mediacdn.mancity.com/-/media/news-pics/2019/october/1920-home-match-tcs-final.ashx?la=en
V. Information of the participant on possible infringements of the law and inadmissible contents
GAZPROM Germania respects the rights of third parties and applicable law. Participants in this campaign are requested to do likewise. GAZPROM Germania reserves the right to remove abusive, illegal messages that are disruptive or identified as SPAM or that otherwise do not comply with these terms and conditions.
If the participant believes that contents of the raffle violate his or her rights, the rights of third parties, or applicable law, GAZPROM Germania kindly asks for immediate notification. GAZPROM Germania requests that participants describe or name the content in question and where it was found.
GAZPROM Germania is liable for intent, gross negligence, under the Product Liability Act and for the guarantees/assurances expressly granted by GAZPROM Germania. GAZPROM Germania is only liable for ordinary negligence in the event of a breach of a material obligation, whereby the amount of compensation claims is limited to the sum of foreseeable, direct damages. GAZPROM Germania shall not be liable for indirect damages (including loss of profit). The same shall apply to materials submitted by the participant if such submitted materials violate third-party rights and GAZPROM Germania has no knowledge thereof and, in the event of claims for damages, GAZPROM Germania is not aware of any facts or circumstances indicating that third-party rights have been violated, or GAZPROM Germania has acted promptly to remove or block access to any illegal materials as soon as GAZPROM Germania becomes aware of the illegal content.
GAZPROM Germania does not accept liability if a winner of tickets is unable to attend the match or cannot attend it in full for, for reasons that are not the responsibility of GAZPROM Germania. This includes but is not limited to cases in which the match is cancelled or postponed, takes place in camera or with the exclusion of the public or certain fan groups or is abandoned.
The decision is final and there is no right of appeal. There will be no cash alternative, alteration to or exchange of the prize. The re-sale of the tickets is strictly forbidden and will have legal consequences. Failure to comply with these conditions will result in the tickets being barred immediately. Presentation of the tickets shall constitute a release and discharge of GAZPROM Germania by the winner (and/or their companions) from any and all liability, claims, demands, causes of action, and/or damages. UEFA has been informed of the prize draw. GAZPROM Germania carries the responsibility for the prize draw. GAZPROM Germania reserves the right to alter or extend these terms and conditions. Entrants will be informed of the changes and may decide at their own discretion whether or not to continue participation in the competition.
VII. Premature termination of the raffle
GAZPROM Germania reserves the right to cancel or suspend the raffle at any time without prior notice. This applies in particular if for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and/or software) or for legal reasons a proper execution of the raffle cannot be guaranteed.
Fulfilment and compensation claims by the participant in the event of premature termination of the raffle are excluded.
VIII. Data Privacy
The data controller is:
GAZPROM Germania GmbH
Data protection officer
Our Data protection officer can be reached at any time via: firstname.lastname@example.org
You may at any time and free of charge request information about your personal data stored by GAZPROM Germania as part of the raffle, as well as the correction, blocking or deletion of this personal data (including image and video material). In order to assert these rights, please contact GAZPROM Germania: email@example.com
In the event of a deletion request before the end of the raffle, this deletion request is deemed to constitute termination of participation in the raffle.
GAZPROM Germania requires your surname, first name, address and e-mail address in order to conduct and process the raffle. This information may be stored by GAZPROM Germania for the duration and execution of the raffle and forwarded to participating service providers.
GAZPROM Germania and all companies cooperating with it will treat the e-mail address confidentially and will not pass it on to third parties.
At the end of the raffle, this information will be deleted completely and in accordance with the applicable legal provisions as far as no further use has been approved and no legal obligation for storage applies.
VIII.5. Legal basis of the processing
Conducting the raffle
The data processing serves exclusively the purpose of conducting the raffle. The legal basis for the processing of personal data for the fulfilment of this obligation is therefore Art. 6 para. 1 lit. b) of the EU General Data Protection Regulation (GDPR).
IX. General terms
Should individual provisions be or become invalid, the validity of the remaining provisions shall not be affected. An invalid provision shall be replaced by a provision which comes as close as possible to the intention of the parties within the scope of what is legally possible. The same applies to contractual loopholes.
GAZPROM Germania reserves the right to change the conditions of participation in a manner that is reasonable for the participant and only with effect for the future. The participant will be expressly notified of any changes to the Terms and Conditions of Participation via the "www.gazprom-football.com" page and asked to agree to any such changes.
The conditions of participation and the entire legal relationship between the participants and GAZPROM Germania are subject exclusively to the laws of the Federal Republic of Germany under exclusion of the UN Sales Convention.
To the extent permissible, the place of jurisdiction shall be the registered office of GAZPROM Germania.
Status: March 2020