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Data Protection Declaration and Declaration of Participation

 

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My consent to marketing communication


I would like to receive marketing communication by BWM via e-mail, mail, phone/messenger services and in-car (if supported)

I agree that BMW AG (Bayerische Motoren Werke Aktiengesellschaft, Petuelring 130, 80788 Munich) processes and uses my provided personal data (e.g. contact and personal details such as interests) for customer care and for selected communication of BMW Group product and service information as well as for market research. BMW AG may also transmit this data to the local BMW distribution company as well as certain contract partners and workshops (my stated preferred dealer, partners of my car purchases, service or consulting visits or my regional partner) in my home country which may use my data and contact me for the purposes mentioned above. Updates may be shared between the stated subsidiaries.

Request for changes to the declaration of consent

I am at any time able to revoke my submitted declarations of consent to BMW AG with effect for the future by contacting the e-mail address kundenbetreuung@bmw.de or the telephone number 0049 89 1250 160 01 (Mon-Sun from 8.00 am to 8.00 pm). After complete revocation, my data will no longer be processed and I will no longer receive marketing communication. Via the specified communication channels, I am furthermore able to request information about my data stored at BMW AG as well as the correction, deletion or blocking of my personal data. Further details regarding the processing of my personal data by the BMW AG and my rights can be found online in the BMW privacy policy (https://www.bmw.com/en/footer/metanavigation/legal-disclaimer-pool/legal-disclaimer.html).




Declaration of Participation

DECLARATION OF PARTICIPATION

In his/her capacity as a participant in the event BMW International Open 2019 (the “Event”), the Undersigned declares the following in favour of Bayerische Motoren Werke Aktiengesellschaft (the „Organizer“), its directors, corporate officers, agents and persons whom it uses to perform its obligations (Erfüllungsgehilfen) (together with the Organizer “Covered Persons”):

1. The Undersigned takes part in the Event at his/her own risk. For any damage the Organizer and the other Covered Persons shall not be liable unless and to the extent that such damage has been caused as a result of wilful intention or gross negligence of the Organizer and/or any other Covered Person. This limitation of liability does, however, not apply in case of personal injury or death caused to the Undersigned. It further does not apply in case of breach of material obligations essential to the contract (vertragswesentliche Pflichten), i.e. such obligations particularly imposed on the Organizer according to content and purpose of the contract or enabling the Organizer the due performance of its obligations in the first place or on the due fulfilment of which the Undersigned generally relies and justifiably may rely, in which case the liability shall be limited to the typically foreseeable damage. To the extent that the damage is covered by an insurance of the Undersigned (other than a fixed-benefit insurance), a Covered Person’s liability shall be limited to any related damages not covered by the insurance, e.g. increase of insurance premiums or loss in interest until the damage is settled by the insurance company.

2. The Undersigned shall hold free and fully indemnify all Covered Persons against all third-party claims, which may arise against such Covered Person for personal injury or other damage caused to them by the Undersigned or the vehicles he/she uses during the Event, save to the extent that such third-party claims are covered by the vehicle liability insurance policy or any other liability insurance policy of such Covered Person, always provided that any rights of recourse of the liability insurance company against the Undersigned shall not be affected. The Undersigned shall moreover hold free and indemnify the Covered Persons against all claims arising out of the infringement of laws, ordinances and other regulations in connection with the use of vehicles by the Undersigned, save to the extend that such infringement is attributable to the Organizer. The Covered Persons shall be entitled to make payments to meet a reasonable third-party claim and may recourse these payments against the Undersigned subject to this indemnity.

3. The vehicle is registered in the name of BMW and is covered by a motor third-party liability insurance with a combined single limit of EUR 100 million for bodily injury, property damage and financial loss (per person, however, limited to EUR 8 million in the case of bodily injury). There is no comprehensive motor car insurance (neither full nor partial coverage) ! From the time when the vehicle is handed over until it is returned, the User shall be liable towards BMW for any and all damage to the vehicle (including destruction, loss or confiscation) up to the amount of 1.500€ (maximum) caused by him or by any authorised driver. The same shall apply in the Event that the damage occurs – irrespective of the degree of fault – while it is being used by an unauthorised driver, if it is used for purposes other than the agreed purpose (see Clause 1 of the Conditions of Use overleaf) or if it is used during any delay in the User’s return of the vehicle.

4. The Undersigned herewith assures that he has a full and valid driving licence for passenger motor vehicles.

5. The Undersigned assures that he/she will comply with the instructions of the Organizer during the Event.

6. The Undersigned assures and ensures that his/her roadworthiness is not affected (e.g. by consumption of medicine, alcohol or other intoxicative substances) while taking part in any agile driving parts of the Event and that he/she is capable to handle an automobile safely and consistently with the legal regulations applying on the Event.

7. By participating at the Event´s driving program the Entrant agrees irrevocably to being photographed and to have audio recordings made in connection with the Event. The Organizer shall have ownership and rights of use on the productions (image, film, audio, text). The above referenced information and the photos and audio recordings can be disseminated or published in unaltered or in changed form and unrestricted by the Organizer or third parties acting with the consent of the Organizer for promotional or editorial purposes (online and offline) within the framework of general journalistic reporting on the Event and this without restricting the area of use in terms of field of use, space and time. The Entrant expressly agrees to the retouching of image and audio recordings as well as the use within the framework of any type of assemblies.

8. This declaration of participation as well as the privity of contract of the Entrant with the Organizer regarding the participation of the Event are subject to German Law.

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