Fans are rewarded for their loyalty and interaction in connection with the subjects of sports and entertainment via the fanmiles.com fan loyalty platform. #fanmiles can be spent on attractive rewards from participating partners. Participation in the fanmiles.com fan loyalty platform is subject to the following Terms & Conditions:
1. Amendments and Supplements to These Terms & Conditions
1.1 These Terms & Conditions may be amended with effect for the future if the fan is specifically informed about the amendments in text form before the amendments become effective and he has the possibility to object to the amendments within at least six weeks of the receipt of the information. The amendments may only become effective after the objection deadline, unless this is not possible for mandatory statutory reasons. In particular, the amendments will be deemed approved if the fan continues to use the services of the fanmiles.com fan loyalty platform after the objection deadline.
1.2 If a fan objects to the amendments, this also represents his normal termination of the membership in the fanmiles.com fan loyalty platform. The fan will be informed of this separately in accordance with the above information on amendments.
1.3 These Terms & Conditions may be supplemented or amended with additional terms and conditions. However, these additional terms and conditions will only become binding upon approval by the respective fan.
2.1 The participation in the fanmiles.com fan loyalty platform comes into existence by means of the fan's submission of the application for registration and its acceptance by fanmiles.com. The acceptance of the respective application can take place by way of separate declaration or activation of the access to the fanmiles.com fan loyalty platform.
2.2 Multiple registration of a fan on the fanmiles.com fan loyalty platform under different names is not permitted.
2.3 For every registration, the fan must provide truthful information and be at least 16 years of age. The fan shall communicate any changes to the information provided during the registration by duly updating his fan profile.
3.1 The #fanmiles issued within the framework of the fanmiles.com fan loyalty platform can only be obtained and spent in the ways authorised by us.
3.2 If #fanmiles are granted as a reward for an interaction (e.g. for buying a product), we may wait until the interaction can no longer be rescinded (e.g. expiry of the right of revocation) before we credit them. Should we credit the #fanmiles earlier, we may block their use and, if necessary, delete them if the interaction is rescinded for reasons for which you are responsible.
3.3 Vouchers for #fanmiles can only be used until the specified expiry date and only by the recipient of the voucher via the website of the fanmiles.com fan loyalty platform.
3.4 #fanmiles as well as vouchers etc. for such cannot be transferred to any third parties, unless we offer such an option. Sale of #fanmiles or disposal of these to third parties in any other way is not permitted without the approval of fanmiles.com.
3.5 If #fanmiles are advertised within the scope of competitions or raffles, it is especially not permitted to set up e-mail or social media accounts for these purposes (e.g. Facebook, Twitter), which are operated by the respective fan or on his behalf (fake accounts) or to use automated procedures that do not match the character of the respective campaign and especially serve the purpose of gaining a competitive advantage over other participants (e.g. use of automated scripts for the performance of certain actions).
3.6 #fanmiles cannot be paid out in cash. 3.8 If rewards can be exchanged with #fanmiles of other bonus programmes or comparable bonus points on the fanmiles.com fan loyalty platform, the aforesaid regulations shall apply analogously to such.
4. Rewards and Costs of Returning Such
4.1 The selection of the rewards offered on the fanmiles.com fan loyalty platform and the determination of the #fanmiles required for obtaining a reward are subject to the discretion of fanmiles.com.
4.2 Additional conditions and possible shipping costs may apply when obtaining a reward, which will be indicated in the individual case.
4.3 The #fanmiles with the oldest expiry date are usually used when redeeming rewards.
4.4 The fan shall send back any rewards obtained while misusing the fanmiles.com fan lovalty platform or through #fanmiles collected while misusing the fanmiles.com fan loyalty platform to fanmiles.com at his own expense. This does not affect the right of fanmiles.com to claim damages.
4.5 The return policy is described here.
5. Obligations of the Fans
5.1 The fanmiles.com fan loyalty platform is provided exclusively for private use by fans. Any and all use of the fanmiles.com platform for commercial purposes, especially for collecting information about other fans, is not permitted without the approval of fanmiles.com.
5.2 The fan shall duly keep his passwords secret and shall not make such available for use by any third parties. Shared use of a registration on the fanmiles.com fan loyalty platform and shared collection of #fanmiles by several persons is not permitted unless the fanmiles.com platform permits shared collection.
6. Rights to Benefits of the fanmiles.com Fan Loyalty Platform
6.1 The fan only gains the rights to the legally protected benefits of the fanmiles.com platform to the extent required for the fulfilment of the benefits owed to him.
6.2 Names, trademark or other commercial property rights that are used within the framework of the fanmiles.com platform are used under a licence. The fan does not gain any independent rights to these.
7. Rights to Contents of the Fan
7.1 By uploading contents to the website of the fanmiles.com platform, the fan grants fanmiles.com the free-of-charge, non-exclusive and transferable rights ‒ without any limitation as to time and area ‒ to make these contents accessible to third parties via all media (especially Internet, mobile phone, TV and radio) within the scope of the platform.
7.2 This right comprises the right to edit and modify the contents insofar as this is appropriate for the contractual use of the contents.
7.3 The transfer of rights shall continue to apply even after the end of the contractual relationship with the respective fan.
7.4 The fan guarantees that he fully holds all needed rights to the contents uploading by him and indemnifies fanmiles.com against any and all damage and third-party claims that may arise if this should not be the case. In particular, fanmiles.com shall be entitled to refund of any incurred reasonable costs of defence against such claims.
7.5 When a fan uploads contents (e.g. texts, photographs, videos or images) via the fanmiles.com platform, he shall be liable for ensuring that the contents - do not violate laws and regulations; - are not morally offensive; - do not pose a threat to youths or could otherwise endanger the reputation of fanmiles.com. Otherwise, FanMiles GmbH shall especially be entitled to delete these contents immediately.
8.1 In the event of slightly negligent breach of obligations, the liability of FanMiles GmbH and its agents shall be limited to foreseeable damage that is typical for the contract.
8.2. In the event of slightly negligent breach of non-material contractual obligations, whose breach does not endanger the performance of the contract, FanMiles GmbH and its agents shall not be liable.
8.3. The aforesaid limitation of liability does not apply in the event of injury to life, body or health, product liability claims, malicious acts or if a guarantee has been provided.
9. Term and Termination
9.1 The fan may terminate his registration on the fanmiles.com platform at any time without specifying reasons. Notice of termination may be given via the contact form.
9.2 fanmiles.com may terminate the registration of a fan with three months' notice. Moreover, the platform may be discontinued with three months' notice.
9.3 A fan's #fanmiles balance will expire as soon as the termination and/or discontinuation of the platform becomes valid.
9.4 This does not affect the right to termination for good cause without prior notice. Good cause includes but is not limited to the following:
• The fan's culpable breach of his contractual obligations under sections 2.2 and 6.1 of these Terms & Conditions
• Registration by a fan using significantly false information
• Multiple registration of a fan and sharing of a registration by several persons
10.1 Should individual regulations of these Terms & Conditions be or become invalid, this shall not affect the validity of the other regulations.
10.2 German law shall apply exclusively, under exclusion of the international private law and the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory statutory regulations for the protection of consumers shall remain unaffected.
10.4 In the event the fan does not have any general place of jurisdiction, the courts of Berlin, Germany, shall have jurisdiction. This shall apply even if the fan relocates abroad after the registration or the domicile is not known when the lawsuit is filed. Mandatory statutory regulations for the protection of consumers shall remain unaffected.