TERMS AND CONDITIONS OF PARTICIPATION – Streamania
On behalf of the GAZPROM Open Joint Stock Company (GAZPROM) - official sponsor of the UEFA Champions League - GAZPROM Germania GmbH organizes the "Streamania" raffle (hereinafter referred to as "competition" or "raffle"), for which the following conditions of participation apply:
The raffle is organized by GAZPROM Germania GmbH, Markgrafenstraße 23, 10117 Berlin (hereinafter referred to as "GAZPROM Germania").
To participate in the raffle, the participant must follow the Instagram account @gazpromfootball with his own Instagram account at least until the time of the raffle, like the posting and tag a friend in the comments of the posting.
All natural persons over the age of 18 are allowed to participate, with the exception of employees (or their relatives) of GAZPROM Germania and GAZPROM AG and persons involved in the implementation of the raffle.
Participants are only allowed to comment on the posting once. Participation via a raffle service is prohibited. GAZPROM Germania is entitled to exclude participants from the raffle if they manipulate or attempt to manipulate the raffle or violate the Terms and Conditions or public morality or otherwise attempt to influence the raffle in an unfair or dishonest manner. In such cases, prizes may be retroactively cancelled, and any prizes already distributed may be claimed back and an alternative winner will be selected.
All eligible participants who are not excluded according to II.3. and who carry out the steps mentioned under II.1. between 31.07.2020 at 14.00 CEST and 05.08.2020 at 14.00 CEST (hereinafter referred to as "participation period") will take part in the raffle.
The winners will be chosen at random from all participants. The prize draw is not public and not accessible to the participants.
The raffle is not conducted, sponsored, supported or administered by Instagram, nor is there any cooperation between GAZPROM Germania and Instagram regarding the conduct of the raffle. Information provided by the participant in connection with participation in the raffle will be disclosed exclusively to GAZPROM Germania and not to Instagram. All questions or comments regarding the raffle should be directed to GAZPROM Germania, not to Instagram. The participant releases Instagram and its affiliated companies from all obligations arising from the lottery.
In the case of a win, the participant will be notified in text form (by e-mail or a private message via Instagram). In this case, he/she is obliged to inform GAZPROM Germania within 24 hours of receiving the notification in the form described therein (timely dispatch is sufficient) that he/she accepts the prize. If he/she accepts the prize in due time, the access information for the respective streaming service will be sent to the e-mail address he has provided. If the deadline is not met, GAZPROM Germania is entitled to draw a new winner and award the prize to this winner. Any claims for damages against GAZPROM Germania by the winner initially determined are excluded.
Legal recourse is excluded.
IV. Prices of the raffle
The prize package includes access to national streaming services which broadcast some or all of the matches of the UEFA Champions League 19/20 season which are still taking place. For which specific game(s) an access to the live stream will be raffled in the respective competition, please refer to the announcement of the respective raffle.
The prize does not include the guarantee of a functioning or trouble-free transmission of the match(es). The winner will only be provided with the access data for the live stream.
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. The participant in this raffle is requested to do the same. GAZPROM Germania reserves the right to remove abusive, infringing, SPAM identified or otherwise non-compliant comments on the posting.
GAZPROM Germania shall be liable without limitation for intent, gross negligence, claims under the Product Liability Act and for the guarantees/assurances expressly granted by GAZPROM Germania, as well as for damage to the life, body, or health of persons. GAZPROM Germania shall only be liable for simple negligence in the event of a breach of a material contractual obligation, whereby the amount of compensation claims shall be limited to the sum of foreseeable, direct damage. GAZPROM Germania shall not be liable for indirect damages (including lost profits). The same shall apply to materials submitted by the participant, insofar as these 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 from which the violation of third-party rights results, or GAZPROM Germania has taken immediate action to remove or block access to any illegal materials as soon as GAZPROM Germania becomes aware of the illegal contents.
GAZPROM Germania is in particular not liable for the technical infrastructure on the participant's side (e.g. Internet connection) and the streaming provider's side, in particular not for a functioning or fault-free stream or a certain quality of transmission.
GAZPROM Germania shall not be liable for the cancellation, cancellation, rescheduling, or interruption of UEFA Champions League matches, unless GAZPROM Germania is responsible for these circumstances.
Prizes are not transferable. Cash payment, modification or exchange of the prize is not possible. The resale or free transfer of the access data is strictly prohibited and has legal consequences. Failure to comply with these conditions will also result in immediate blocking of the access data.
Presentation of the lots constitutes an indemnification and release of GAZPROM Germania by the winner (and/or his/her companions) from any liability, claims, demands, lawsuits and/or damages. UEFA has been informed about the raffle. GAZPROM Germania is responsible for the raffle. GAZPROM Germania reserves the right to amend or extend these terms and conditions. Participants will be informed about the changes and can decide at their own discretion whether or not to participate in the raffle.
VII. Premature termination of the raffle
GAZPROM Germania reserves the right to cancel or suspend the raffle at any time without prior notice. This shall apply 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 Contest cannot be guaranteed.
The participant's claims for performance and/or damages in the event of premature termination of the promotion are excluded.
VIII. Data Privacy
GAZPROM Germania, as the responsible party within the meaning of the Basic Data Protection Regulation, collects, processes, and uses all personal data communicated to GAZPROM Germania in the context of this campaign, always in compliance with the applicable data protection regulations. Further information on data protection at GAZPROM Germania can be found in GAZPROM Germania's data protection statement: www.gazprom-football.com/de/datenschutz
You may request information about your personal data stored by GAZPROM Germania as part of the competition, as well as the correction, blocking or deletion of this personal data (including image and video material) at any time and free of charge. In order to assert these aforementioned rights, please contact: firstname.lastname@example.org
In the event of a deletion request before the end of the campaign, this deletion request is associated with the termination of participation in the contest.
GAZPROM Germania requires surname, first name and e-mail address in order to carry out and process the raffle. GAZPROM Germania may store this information for the duration and execution of the promotion and forward it to participating service providers.GAZPROM Germania and all companies cooperating with GAZPROM Germania will treat the e-mail address confidentially and will not pass it on to third parties.
After the end of the campaign, this information will be deleted completely and in accordance with the applicable legal provisions.
VIII.5 Legal basis of the processing
Conducting the competition
The data processing serves exclusively the purpose of carrying out the competition. The legal basis for the processing of personal data to fulfil this obligation is therefore Art. 6 para. 1 lit. b) of the EU Basic Data Protection Regulation (DSGVO).
We evaluate the results of the competition to measure the efficiency and relevance of the campaign. We determine the success of the raffle in order to continuously improve our marketing activities in your interest and to plan new measures.
The legal basis for the described data processing is Art. 6 para. 1 letter f of the Data Protection Basic Regulation (balancing of interests based on our interest in measuring the success of competitions).
VIII.6 Responsible body
The responsible body is
GAZPROM Germania GmbH
VIII.7 Data protection officer
Our data protection officer can be reached at any time at email@example.com.
IX. General terms
Should individual provisions be or become invalid, the validity of the remaining provisions shall not be affected thereby. 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 terms and 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 changes to the Terms and Conditions of Participation.
The conditions of participation and the entire legal relationship between the participants and GAZPROM Germania shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
To the extent legally permissible, legal recourse shall be excluded. In all other cases, the place of jurisdiction shall be the registered office of GAZPROM Germania, if permissible.
Version: July 2020