Terms of Participation
1. Generel Information
In accordance with the following General Rules, hereinafter called “RULES” the BMW Motorrad Esports Challenge is organized by Bayerische Motoren Werke Aktiengesellschaft (Petuelring 130, 80788 Munich) under the Laws of Germany, hereinafter called “BMW MOTORRAD”.
All participants must be duly registered and shall comply with the following:
- Must be natural persons.
- Shall be at least 16 years of age.
- Have internet connection.
- Own or have access to the RIDE 4 videogame (RIDE 4 © 2020. Published and developed by Milestone S.r.l. All rights reserved. All manufacturers, accessory suppliers, names, tracks, sponsors, brands and associated imagery featured in this game are trademarks and/or copyrighted materials of their respective owners.)
- Own a PlayStation Network Account (PSN-ID), Xbox Account (GAMERTAG) or Steam Account on PC platform (STEAM-ID).
- Indicate their owned PSN-ID, GAMERTAG or STEAM-ID which will be used for participation in the BMW Motorrad Esports Challenge in their respective registration.
- Only persons residing in a country that can be selected under “Country of Residence” in the registration form are eligible to participate. Persons residing in other countries are excluded from participating.
BMW MOTORRAD reserves the right to refuse accepting the application of participant names that are considered by BMW MOTORRAD, at its sole discretion, to be inappropriate or offensive. Unsuitable names will be deleted, previously communicated by BMW MOTORRAD. Please bear this in mind when you choose the name for your ONLINE-ID in the registration process at https://www.bmw-motorrad-motorsport.com/en/fanzone/esports-challenge/overview.html
Participants who breach the Terms of Participation, or whose personal details submitted are either incomplete or truthful, can be excluded from participating.
Employees of BMW AG and companies affiliated with BMW AG, in accordance with §§ 15ff. AktG (German Stock Corporation Act), and their relatives are excluded from participating.
Participants who aim to gain an edge in the implementation by unfair means or other methods of manipulation, and who thus breach the basic principle of equal opportunity, are prohibited from entering the competition.
3. BMW Motorrad Esports Challenge
3.1. Mode and participation
The BMW Motorrad Esports Challenge 2021 is a skill competition free of charge for participation, for which all required results can solely be performed by the participant through using the videogame RIDE 4 (RIDE 4 © 2020. Published and Developed by Milestone S.r.l. All rights reserved. All manufacturers, accessory suppliers, names, tracks, sponsors, brands and associated imagery featured in this game are trademarks and/or copyrighted materials of their respective owners). The BMW Motorrad Esports Challenge will be characterized by a lap time ranking, listing the results which the registered participant achieved in the game mode “weekly challenge” conducted in the three (3) periods stated from 26 Apr – 02 May, 12 Jul – 18 Jul and 27 Sep – 03 Oct, hereinafter called “CHALLENGES”.
All CHALLENGES will be disputed in time attack mode on a particular track, with a particular rider on the BMW M 1000 RR without any opponents, with the purpose of setting the fastest single lap time. For all CHALLENGES the track, the rider, the bike, several riding options, as well as any other relevant conditions, will be decided by BMW MOTORRAD and cannot be changed. Weather conditions will be pre-set and cannot be changed as well.
In order to ensure that all participants find equal prerequisites for success, the detailed CHALLENGE information (circuit & conditions) will be announced with the beginning of the challenge in game. To take part in a CHALLENGE and become eligible to be ranked in the respective CHALLENGE, the participant must start the corresponding CHALLENGE in the RIDE 4 game within the period specified and successfully complete at least one charted lap and have a functional internet connection, so that the performance will be uploaded and the participant is listed in the official ranking of the RIDE 4 videogame.
The participant may attempt each of the CHALLENGES as many times as each participant decides. Each participant will enter the BMW Motorrad Esports Challenge 2021 leaderboard with only his or her fastest performed charted laptime, no participant can thus be ranked with more than one (1) laptime.
Only those who take part within the timeframe set are eligible to take part in the respective BMW Motorrad Esports Challenge rankings. This begins at 00:00 CEST on 26.04.2021 and ends at 24:00 CEST on 03.09.2021.
It is up to the participant in how many of the three (3) CHALLENGES he or she wants to take part in since each weekly challenge will feature a new leaderboard.
Taking part in just one (1) or two (2) CHALLENGES does not disqualify from the BMW Motorrad Esports Challenge 2021.
These CHALLENGES in the RIDE 4 videogame will be available on the following platforms, which are indistinctly considered for classification purposes: PlayStation 4, PlayStation 5, Xbox One, Xbox Series X, Xbox Series S and PC via Steam gaming platform. Each CHALLENGE is open for participation for seven (7) days, as chosen by BMW MOTORRAD and it is only accessible for a limited period of time, such period will be updated and duly published and communicated on https://www.bmw-motorrad-motorsport.com/en/fanzone/esports-challenge/overview from time to time.
In case of any irregularities, such as exceeding the track limits, falling at any point, and collisions with walls or other elements, the current lap time will be considered invalid.
Best laps of each CHALLENGE will be available through RIDE 4 as impersonal ghosts. All ghosts can be activated by all competitors and loaded for the participant attempt to enable a visual reference of the current best on-track performance. BMW MOTORRAD is entitled to check all ghosts, in order to verify that a lap time has been achieved without cheating.
BMW MOTORRAD may modify or cancel any of the CHALLENGES. If a CHALLENGE is canceled or modified for whatever reason no claims can be made against BMW MOTORRAD.
Each CHALLENGE will have its own leaderboard which will be available to all participants after each CHALLENGE period and will contain only lap times (and the respective usernames) which have been performed regular during this very CHALLENGE. Leaderboards from previous CHALLENGES will be retrievable on the Website (https://www.bmw-motorrad-motorsport.com/en/fanzone/esports-challenge/overview.html) for the time being.
1st: Helmet BMW Street X worth EUR 400.00
2nd: Jacket Club College worth EUR 250.00
3rd: Grand Journey Backpack worth EUR 170.00
4th: Softshell Jacket Motorsport worth EUR 130.00
5th: Travel bag BMW Motorrad worth EUR 130.00
6th: Gift Card worth EUR 50.00 (PlayStation, Xbox or Steam)
7th: Gift Card worth EUR 20.00 (PlayStation, Xbox or Steam)
8th: Gift Card worth EUR 10.00 (PlayStation, Xbox or Steam)
9th: Trucks Cap worth EUR 25.00
10th: All Black Cap worth EUR 25.00
The prices of the material prizes correspond to German Suggested Retail Price. The actual prices depend on the country and might differ from the prices stated here.
Prizes pictured in the BMW Motorrad Esports Challenge are for illustration purposes only. Actual prizes may vary from the pictured prize.
Prizes referred to on https://www.bmw-motorrad-motorsport.com/en/fanzone/esports-challenge/overview.html will only be attributed, complying with all applicable laws, to participants with legal residence/domicile in any given territory where the prize can be legally delivered. Tax regulation of the prizes will be according to the applicable law.
In the event a minor child/underage wins a prize, the prize shall be accepted by his/her parent or Legal guardian.
By participating, the participant agrees to their ONLINE-ID being published by BMW MOTORRAD in the ranking regardless of the achieved position. The participant can withdraw this consent for the future at any time by sending an E-mail to email@example.com.
All participants will be able to participate across multiple platforms, and each participant is entitled to freely choose in which platform will participate in the CHALLENGE. However, if the same participant registers with different E-mail addresses on different platforms, only his or her best lap time across all the platforms is taken into account. A participant cannot be placed more than once within a ranking.
Each participant can win a maximum of one (1) material prize for positions 1 to 5 across all the CHALLENGES. If a participant finishes a CHALLENGE in positions 1 to 5 for the second or third time, he or she receives a gift card worth EUR 50.00 for the platform he or she specified (PlayStation, Xbox, Steam) instead of the defined material prize. Repeated placings in positions 6 to 10 are excluded from this rule. These will be paid out as announced.
All the participants classified for winning a prize will be notified at the e-mail address provided at the time of registration, by no later than ten (10) working days after the closing date of the CHALLENGE in question. BMW MOTORRAD shall not be responsible for incomplete or invalid e-mail addresses provided by the participants neither for other circumstances by which the participant does not read such notification.
The non-response of any participant, to the communications from BMW MOTORRAD within ten (10) working days, may be considered as a waiver of the participant who has committed such omission. BMW MOTORRAD upon its own discretion may contact again the participant or permanently disqualify the participant from the current yearly championship. In this case, the disqualified participant will be subdued by the participant having the best following standing position on the same ranking.
If the winner fails to get in touch within ten (10) days of the win notification being sent to the E-mail address that he or she specified, in order to inform BMW MOTORRAD that he or she accepts the prize, or if he or she cannot be reached via the contact details he or she specified, the participant forfeits his or her right to the prize. The same applies if the winner fails to cooperate in a way necessary for the prize to be handed over.
With informing the participant about winning a prize, BMW MOTORRAD will individually agree with the participant on the desired way of delivery of the prize. The participant will be required to share his or her desired delivery address with BMW MOTORRAD or agree to pick up the prize at a BMW MOTORRAD dealership. Does the participant not agree to one of these delivery methods, the participant forfeits the right to receive the prize.
In case the prize needs individual fitting (Helmet BMW Street X, Jacket Club College and Softshell Jacket Motorsport) the participant will either be invited to a nearby BMW MOTORRAD dealership for size fitting or will receive the item in the size desired and clearly communicated by the participant towards BMW MOTORRAD. Should the desired size not be available or unusual in trade, BMW MOTORRAD reserves the right to provide the item in a size usual in trade. If a participant wins the first (1st) prize (Helmet BMW Street X), BMW MOTORRAD will provide the participant a list of available standard liveries to choose from.
All prizes are nonreturnable.
4. General Rules
By participating in the BMW Motorrad Esports Challenge, each and all participants agree that he or she shall attend and fully participate in all media, marketing, promotional and related activities in connection with the BMW Motorrad Esports Challenge to the extent required by BMW MOTORRAD.
Content generated by participants must conform with local law. In particular, content must not include pornographic, racist, political or religious content, nor must it infringe the rights of third parties (such as copyright, trademark rights, and personal rights).
All participants agree to conduct themselves in a manner that reflects positively on the BMW Motorrad Esports Challenge in all respects.
Any offensive, disrespectful or unsportsmanlike behavior (including any behavior which in BMW MOTORRAD’s opinion may bring it, any of its affiliates or the BMW Motorrad Esports Challenge in general into disrepute) connected to BMW Motorrad Esports Challenge will be punished and may lead to disqualification. This also includes but is not limited to any website and all social media sites (e.g. Facebook, Instagram, Twitter, YouTube, TikTok).
BMW MOTORRAD has a right to make decisions in accordance with these RULES, outside these RULES, or even against these RULES in special cases to guarantee fair play and to ensure the spirit of the BMW Motorrad Esports Challenge is upheld. Participants agree to be bound by BMW MOTORRAD’s final decisions of and anyone acting on BMW MOTORRAD’s behalf. The breach of any of the RULES included in this Terms of Participation may include the irrevocable and immediate disqualification of a participant.
All decisions regarding the interpretation of the RULES, eligibility, scheduling and staging of the BMW Motorrad Esports Challenge, and penalties for misconduct, lie solely with BMW MOTORRAD, whose decisions are final. BMW MOTORRAD’s decisions cannot be appealed and shall not give rise to any claim for monetary damages or any other legal or equitable remedy.
5. Terms & Conditions
Persons who are not yet 16 years of age by the time they register are excluded from participating. BMW MOTORRAD reserves the right to check that participants are not underage.
When the participant is underage, he/she must send BMW MOTORRAD, when notified by BMW MOTORRAD, the UNDERAGED LIABILITY WAIVER provided by BMW MOTORRAD, duly signed by his/her Parents or Legal Guardian and must be accompanied by one of his/her parents or Legal Guardian at all the events that the participant may attend.
The participant is liable to support the BMW Motorrad Esports Challenges’ image and reputation, avoiding any activity or public information which could damage or negatively affect it as well as doing or permitting any act which might adversely affect any of BMW Motorrad Esports Challenge’ commercial rights or the value of its commercial rights. Therefore, its breach entitles BMW MOTORRAD to automatically disqualify the participant.
For clarification, the infringement of any of the above requirements, and any other mentioned in the present Terms & Conditions by any participant entitles BMW MOTORRAD to sanction or disqualify or even to expel from the venues the relevant rider. BMW MOTORRAD shall decide at its own discretion the measures or actions from time to time according to the infringement.
The acceptance of these Terms and Conditions constitutes permission for BMW MOTORRAD to use the names or nickname, country and results of participants at its sole discretion for publicity purposes. This data is subsequently visible to the public, at the earliest five (5) and the latest ten (10) days after each challenge, at https://www.bmw-motorrad-motorsport.com/en/fanzone/esports-challenge/overview.html. The data remains visible on the website until further notice. BMW MOTORRAD may publish the data mentioned on bmw-motorrad-motorsport.com and any other third-party authorized sites included but not limited to facebook.com, instagram.com, twitter.com, youtube.com, tiktok.com, newsletters, etc.
BMW MOTORRAD reserves the right to suspend, interrupt or cancel the BMW Motorrad Esports Challenge due to any unexpected cause without prior notice.
BMW MOTORRAD reserves the right to amend the Terms of Participation at any time. In this case, a new version of the Terms of Participation will be sent to the participant. If the participant does not unsubscribe after being informed about the new Terms of Participation and still takes part in the CHALLENGES, this will be considered as the participants consent to the updated Terms of Participation.
The participant expressly assures that he or she possesses all rights to the content in question, he or she possesses unrestricted usage rights to that content, the content is free of third-party rights, and no third-party rights are violated. If there is a suspicion that a participant is using illicit content to participate, BMW MOTORRAD reserves the right to exclude the participant from participating at any time, and to delete the content in question.
The participant grants BMW MOTORRAD non-exclusive usage rights to the content, free of charge and with no spatial, time or content-related restrictions. This includes, in particular, usage to implement the BMW Motorrad Esports Challenge and reports regarding the competition in the press and other media.
If the rights and guarantee of legitimacy granted by the participant are violated, the participant exempts BMW MOTORRAD from any claims that third parties assert against BMW MOTORRAD. Furthermore, the participant is obliged to support BMW MOTORRAD with the legal defense in a legal dispute of any form and to bear the costs of the necessary legal defense, including any court and attorney fees. Other claims for damages by BMW MOTORRAD against the participant remain unaffected.
BMW MOTORRAD cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any participant entering the BMW Motorrad Esports Challenge.
BMW MOTORRAD is not responsible for any problems or technical malfunction of any broadband telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any e-mail or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to a participant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading any materials in relation to the BMW Motorrad Esports Challenge.
By participating in the BMW Motorrad Esports Challenge, you agree that no claim relating to any such loss or injury (including without limitation special, indirect or consequential losses) shall be asserted against BMW MOTORRAD, its parent companies, sponsors, affiliates, directors, officers, employees or agents. The present General Conditions, and any other additional conditions published on the official website constitute a full agreement between BMW MOTORRAD and the Participant in relation to the participation in the BMW Motorrad Esports Challenge.
If it is found by a Court that any of these General Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.
Nothing in these General Conditions and no action taken by the participant or BMW MOTORRAD under this General Conditions shall create, or be deemed to create, a partnership, joint venture or establish a relationship of principal and agent or any other relationship between the parties beyond the contractual relationship established under these General Conditions.
The participant is obliged to comply with any additional conditions indicated on https://www.bmw-motorrad-motorsport.com/en/fanzone/esports-challenge/overview.html likewise any conditions able to be modified in accordance with a change in law. BMW MOTORRAD will be permitted to modify in whole or in part the present General Conditions at any given moment, at its sole discretion and without prior notice to the participant.
Force Majeure. For the purpose of these General Conditions, “Force Majeure” means any cause beyond the control of one of the parties including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, electricity black-out, network or server failure, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, actions taken by the police, acts or regulations of national or local governments. BMW MOTORRAD will not be liable to the participant for failure to perform any obligation under these General Conditions to the extent that the failure is caused by Force Majeure
BMW MOTORRAD is entitled to assign any right and obligation under these General Conditions provided that the participant’s rights are not adversely affected. The present General Conditions are governed and subject to German law, without reference to legal norms, and in the case of a dispute the participant will be submitted to the jurisdiction of the Courts of Munich, Germany.
The participant acknowledges and agrees that he/she has read and understood these General Conditions and that he/she is fully aware of the rights and obligations arising there from.
To implement the BMW Motorrad Esports Challenge, BMW MOTORRAD collects personal data – namely ONLINE-ID (PSN-ID, GAMERTAG or STEAM-ID), E-mail address, nationality and country of residence. The age of the participant is required, solely to check that the participant is at least 16 years of age. The data is used solely to implement the BMW Motorrad Esports Challenge (art. 6 para. 1 lit. b) DSGVO). In this context, it may be necessary to provide this data for third parties (e.g. companies affiliated to BMW MOTORRAD in accordance with §§ 15ff. AktG and/or service providers). Once the BMW Motorrad Esports Challenge is over, the data may be used exclusively for the BMW Group’s marketing measures agreed to upon registering for the competition (e.g. advertising information regarding future BMW Motorrad Esports and gaming activities), in accordance with data protection conditions. The consent to receive advertising communication can be withdrawn at any time, e.g. via an Unsubscribe link in the E-mail. This also means unsubscribing from taking part in the BMW Motorrad Esports Challenge. More information on data protection, particularly contact details and the rights of the participant, can be found here: https://www.bmw-motorrad-motorsport.com/en/public-pool/content-pool/privacy-policy.html.
If the participant contravenes the above-mentioned conditions of participation, the participant will hold BMW MOTORRAD, companies linked to BMW MOTORRAD, staff, employees, workers, representatives, shareholders and agents of BMW MOTORRAD or companies linked to BMW MOTORRAD to be exempt from liability and free of blame in respect of any claims made by third parties due to, or in conjunction with, content that the participant provided or transferred as part of participation in the competition/contest. This includes appropriate legal fees and court costs.
The BMW Motorrad Esports Challenge is subject to German law.
Legal recourse is excluded.