Legal Basis for the Dynamics Titled
“MINI Content Club”
Any individual who, as per these Basis, wants to participate in the “MINI Content Club” (hereinafter referred to as the “DYNAMICS”), which will consist in a Video, for which the participants shall submit one video no longer than 2 minutes under the item “MINI Stories” to the following e-mail: email@example.com where a selection shall be carried out of two (2) of the best works in each participating country in Latin America, which shall be creative, show the MINI brand passion and express the concept of MINI Storie, among other aspects. Afterwards, a first, second and third regional place shall be selected of each category for those who will obtain the following awards (hereinafter independently referred to as the “PRIZES”, or the “PRIZE”):
- 1st Place Prize – Apple MacBook Pro Chip M1 (13-inch, 8 GB RAM, 256 GB SSD).
- 2nd Place Prize – iPhone 14 Pro 128 GB.
- 3rd Place Prize – iPad Pro 11 128 GB.
The DYNAMICS is carried out by the company BMW de Mexico, S.A. de C.V. (hereinafter referred to as “BMW”).
People who want to participate in such DYNAMICS, automatically accept to comply with the total bases, and upon participating, it shall be understood that they have fully read and understood such bases and that they bind themselves to fully comply with the requirements and conditions as established herein (hereinafter referred to as the “BASES”).
I. Requirements to participate in the DYNAMICS
a) Persons who meet with every and all of the following requirements and who are interested in participating, may be deemed as participants (hereinafter referred to as the “PARTICIPANTS” or the “PARTICIPANT”):
1. Being an individual of more than 18 years of age and with a current official identity card.
2. Residing in any of the following countries: Guatemala, Chile, Colombia, Peru, Panama, Costa Rica, Dominican Republic, Ecuador, Uruguay, Paraguay, Jamaica, Trinidad and Tobago.
3. Being followers of the MINI Latin America and the Caribbean official site on Instagram (@mini_latam). And also being followers of the MINI official site in Facebook and Instagram in their region, which is the same from which the interested individual is participating. The official sites are the following:
4. The PARTICIPANTS shall generate works on an individual basis and notwithstanding any agency or video study ; though, videographers may actually participate on an individual basis.
5. All those individuals that are relatives to an employee or employees both of BMW and coworkers and suppliers of the DYNAMICS, as well as any of the companies forming part of the same group of economic interests to which BMW belongs, up to the third degree, may not participate.
6. It is necessary for PARTICIPANTS to download, print and send signed the Privacy Notice together with the required information to the email firstname.lastname@example.org
7. The participation in the DYNAMICS is free.
8. BMW reserves the right to exclude any participant who fails to comply with these BASES.
9. Any participant using prohibited supports, who seeks the obtaining of a benefit with any kind of manipulation, or submitting false information shall be automatically disqualified. In these cases, BMW reserves the right to withdraw the already granted PRIZE and request the return thereof.
10. PARTICIPANTS shall use their own e-mail account and/or their social network to send the material described in the BASES. Any participant using accounts that are not their own, or that are not holders, shall be disqualified, and BMW shall reserve the right to start any legal actions.
11. BMW reserves the right to reject and disqualify any participation that is considered offensive, violent, inappropriate, or out of the BMW corporate values, at the sole consideration thereof.
II. DYNAMICS Term and Limits
The dates to participate in the DYNAMICS shall start on September 1st, 2023 at 10:00 hours and shall end on October 8th, 2023, at 23:00 hours, Mexico City time (hereinafter referred to as the “TERM”).
III. Mechanics of the Dynamics
The participation in the DYNAMICS implies the knowledge and acceptance of the BASES herein stated by the PARTICIPANTS. It is essential to accept all clauses, as well as the terms and conditions set forth in the DYNAMICS BASES. Their acceptance implies to be subject thereof for the development of the DYNAMICS. The requirements, the DYNAMICS, restrictions and the decision of the PRIZE winners are irrevocable and are not subject to any negotiation or amendment whatsoever. BMW reserves the right to make any kind of change without prior notice, therefore, PARTICIPANTS commit themselves to regularly review the BASES during the DYNAMICS TERM.
Participations shall be received in the e-mail: email@example.com where the PARTICIPANTS shall register themselves and where a jury formed by the BMW Board of Directors shall select the best works (hereinafter indistinctly referred to as “WINNERS” or the
WINNERS shall inform to the general public and to all the PARTICIPANTS on October 20th , 2023 at 12:00 hours, Mexico City time, through the publication of the winners’ video in the official pages of MINI in Facebook and Instagram.
If there is a fortuitous case or force majeure hindering the execution in whole or in part of the BASES, BMW may, at any time, amend, change, cancel, extend, reduce, postpone or override the TERM, requirements, terms and conditions, as well as the delivery of the PRIZES of the DYNAMICS, only mentioning the BASES of these changes, with the prior written authorization by BMW or of any other liability set forth in the BASES, these shall be terminated by BMW by means of a written notice.
IV. DYNAMICS Participation Rules
a) PARTICIPANTS shall be attentive to the BMW publications in the Facebook and Instagram MINI official sites during the term of the DYNAMICS and of the BASES.
b) PARTICIPANTS shall carefully read, accept, and review the requirements, terms and conditions of the Bases and the DYNAMICS.
c) PARTICIPANTS must download, print and send signed the Privacy Notice together with the required information to the email firstname.lastname@example.org
d) PARTICIPANTS shall submit their works to participate with the following technical specifications: 600 MB or 2 minutes maximum for video.
e) Items to be assessed shall be the following:
- Works under the item “MINI Stories”
- Passion for the MINI brand
- Portrait the MINI most iconic features
f) Participations performed during the TERM period shall be eligible to win, provided that BASES are complied with.
g) Any participation out of the TERM, shall be automatically disqualified.
h) BMW shall have the decision power regarding any situation not foreseen in these BASES in accordance to the brand criteria and values.
V. Terms and Conditions
BMW shall have no liability for the lost, delayed, wrongly submitted, incomplete or not entered participations delivered within the email email@example.com, due to technical failure or of any other kind. For the effects of localization of WINNERS, BMW shall not be responsible for any mistake that may come out in the data provided by such WINNERS at the time of sending their participation.
In the event that the data provided by any of the WINNERS result to be incorrect or false; the possible WINNER shall lose the PRIZE and an alternate PARTICIPANT shall be selected in accordance to the evaluation criteria of these BASES. This process shall be repeated until a WINNER is verified.
BMW shall not bear any expenses incurred by the PARTICIPANTS in the DYNAMICS such as electric power supply, equipment, products, accessories, telecommunication service, transport, programs and software and hardware, etc. BMW does not recommend or promotes any technological supplies brand and any other participation requirement.
BMW shall not bear any expenses incurred by the WINNERS to be the AWARDED. PRIZES only include the provisions mentioned in these BASES.
In addition, the participation in the DYNAMICS implies the acceptance of the BASES, as amended by BMW as well as the decisions adopted on any matter provided or not provided therein, BMW reserves the right to disqualify any individual risking the integrity and good development of the DYNAMICS, and of the BASES (defined as any participant that acts alone or jointly with economic, material or informative resources on a disloyal basis before other participants to obtain the benefit of the promotion notwithstanding any mechanisms used such as not ethical, moral or even illegal acts). In the event that BMW disqualifies a participation, no liability of any kind is caused for BMW or its officers, administrators or personnel before the participant of before third parties.
Likewise, any form of interaction containing obscene items, images and/or phrases that may affect or cause any prejudice of any kind either to BMW or to any of the products of and/or licensed brands to the favor of BMW, may be automatically disqualified by BMW without implying any responsibility whatsoever for BMW or its officers, administrators or personnel before the user or before any third parties.
Any attempt or execution of programs or systems application intending to attack or breach the DYNAMICS and PRIZES, may be pursued by means of the relevant legal actions that, as per BMW criteria, may be enough and imply the immediate disqualification and annulation of those PARTICIPANTS incurring in such conduct.
In the event that a participant is disqualified for any reason, BMW preserves the right to make the PRIZE awarding, executing a new selection of WINNERS or use the PRIZES to its convenience.
In the event a winner does not redeem the PRIZE in the fixed schedules and dates, BMW may appoint other winner or dispose of the PRIZE as per its interests.
Any decision of BMW shall be irrevocable and conclusive, and in the case of a tie, BMW shall decide the substitute winner. And BMW may change the participation DYNAMICS at any time.
VI. Notice to WINNERS and delivery of PRIZES
BMW shall contact the WINNERS by e-mail and/or by phone on October 20th ,2023, at a schedule from 9:00 hrs to 18:00 hrs, Mexico City time, requesting the WINNERS to deliver a simple copy of their current official identity card, scanned and/or photographed by both sides, which shall be delivered at the e-mail: firstname.lastname@example.org.
For the delivery of PRIZES, WINNERS shall be directly contacted via e-mail and/or by phone to coordinate the delivery.
BMW will collect the following information from the PARTICIPANTS: complete name, official ID, country of residence.
It is necessary for PARTICIPANTS to download, print and send signed the Privacy Notice together with the required information to the email email@example.com
a) All liabilities under the charge of BMW shall be deemed as complied upon delivery of PRIZES to WINNERS.
b) Any announcement or advertising of the potential winner’s name is not official and does not constitute a guaranty that the PRIZE shall be granted to it. No potential winner is deemed as having won the PRIZE until its eligibility has been confirmed throughout the process set forth herein.
c) Upon participation in this DYNAMICS, PARTICIPANTS accept that BMW and its members, affiliates, subsidiaries, consultants, representatives, contractors, lawyers, advertisers, public relations members, marketing agencies, as well as its relevant agents, directors, employees and representatives (the “Released Parties”) shall not be responsible for: (i) delayed, lost, robbed, wrongly addressed, uncomplete, not readable, or wrongly represented participations, communications or statements, notwithstanding the transfer method; as well as failures in (ii) phone systems, phone or computer hardware or other technical errors or malfunctioning, loss of connection, disconnections, broadcasting delays or errors; (iii) data corruption, robberies and identity robberies, destruction, non-authorized access or alteration of participations or other materials; (iv) any injury, death, loss or harm that may be caused, either directly or indirectly, in whole or in part, by the participation in the DYNAMICS or due to the Prize use; (v) any print, typo, administrative or technological error in any of the materials associated to the DYNAMICS; (vii) any event that may result from force majeure and fortuitous case; and (viii) ambiguity, error, wrong or inaccurate information in these BASES or for wrong or inaccurate information, either caused by PARTICIPANTS or for any associated equipment or programing error in the DYNAMICS operation.
d) Upon participating in the DYNAMICS, the participant agrees to waive to any right that it may execute as a claim against the Released Parties regarding every and all losses or injuries (including but not specially limited to indirect or consequential losses) damages, rights, claims or actions of any kind resulting from its participation in the DYNAMICS and/or its acceptance of the PRIZES. Likewise, the participant accepts not to claim to Facebook and/or Instagram, as well as to fully release any other social network, web site or e-mail service of any responsibility regarding the DYNAMICS.
VIII. Content Intellectual Property
a) The PARTICIPANTS shall be the sole and exclusive responsible parties for the lawfulness and property of intellectual property rights and copyrights and guarantee that they have all the necessary rights of the supplied digital data.
b) PARTICIPANTS shall be responsible for themselves and hold BMW harmless from any liability indemnifying it against any losses, damages and/or claims submitted by a third party due to any possible breach of the industrial property right and copyrights thereof. PARTICIPANTS shall, at their own cost, be in charge of the defense in such claims, if any.
c) Any digital data and shared information may not contain statements of racist or sexist nature, of libelous nature, statements glorifying violence, or that may be interpreted as mockery, insult or similar offenses to individuals or specific groups. In addition, the information may not contain political, religious or membership viewpoints. Any participant breaching this condition shall be automatically disqualified and BMW reserves the right to take other legal actions.
d) The PARTICIPANT is the sole responsible of ensuring that videos with which it participates duly comply and observe the applicable laws on data protection matters, intellectual or industrial property, protection of honor, intimacy and the image itself, or any other out of application. Therefore, the PARTICIPANT expressly guarantees that it has the prior consent of those individuals whose images or other personal data are disclosed through contents, in accordance to Article 87 of the Copyrights Federal Law.
e) Upon participating in the DYNAMICS, PARTICIPANTS automatically authorize BMW the use of images, videos resulting from its participation in the DYNAMICS, in order to be used for content in the BMW social networks or in any form or means as BMW may deem convenient. Therefore, upon participating in the DYNAMICS, PARTICIPANTS grant an exclusive and irrevocable license of use on the total videos with which they participate for the world scope and even when not resulting WINNERS and until they are considered of public domain. The assignment of rights include, but is not limited to, the reproduction, distribution, public communication, making available, as well as any other mode of exploitation with advertising purposes and/or of promotion of BMW. Likewise, the PARTICIPANTS expressly authorize BMW to assign to any third party the described rights of exploitation.
f) The PARTICIPANT guarantees that the total works with which it participates in the DYNAMICS are of its personal and absolute creation, therefore, the PARTICIPANT will respond for its authorship and for any claim that may be filed by third parties regarding the works’ content or authorship. Likewise, the PARTICIPANT states that the participating works have not been disclosed or used by third parties with priority to the participation in the DYNAMICS.
g) The PARTICIPANT, in this act, accepts as sole consideration for the property rights of works (videos) with which it participate in the DYNAMICS, the PRIZE that, as the case may be, and if the PARTICIPANT is awarded as WINNER, is granted by BMW. In the event of not being awarded with any PRIZE, in accordance to these BASES, the PARTICIPANT waives to its right to demand any consideration, royalty, or payment for the license granted to BMW.
h) PARTICIPANTS expressly acknowledge that the works with which they participate in the DYNAMICS may be used by BMW for advertising and/or promotional purposes, for which, in the event that BMW deems convenient, they expressly authorize the omission of the author credit during its use and exploitation in accordance to these BASES and in accordance to Article 23 of the Copyrights Federal Law.
i) BMW is not responsible, by no means, for any legal or contractual non-compliances or breaches of any other kind that may arise from photos and/or videos, of their publication, disclosure or communication, and the PARTICIPANT is the sole responsible of such breaches and of damages and prejudices that may be generated, and binds itself to hold BMW harmless from any claims that may be filed from third parties, either private or public entities, due to such breaches and before any damages and prejudices of any kind that may be suffered as consequence thereof.
a) BMW reserves the right to amend the terms and conditions at any time and without prior notice.
b) BMW shall not collect any personal information considered as sensible due to the execution of this DYNAMICS.
c) BMW promotes the fair competition and rejects any attacks related to non-competition, for which it shall be understood that there is a fraud when the following events occur, including but not limited to:
- One sole individual participates in the DYNAMICS with different e-mail accounts.
- The participant provides false or incomplete data.
- The information provided in the DYNAMICS and in the BASES is reproduced or altered.
- Any attempt, abuse or bad faith act executed using the DYNAMICS or putting itself in a privileged situation, as well as any other activity altering the fair competition for the PRIZES.
d) Information and explanatory materials related to the DYNAMICS form an integral part of these BASES. However, any of the terms and conditions included in the information and explanatory materials related to the DYNAMICS that are contradictory to these BASES shall not be valid and these BASES shall prevail.
e) This DYNAMICS shall not apply for BMW employees or commercial partners employees (Importers, Suppliers, Communication Media, etc.).
f) It is hereby certified that Apple Inc., or any brand related to the PRIZES do not act as sponsors of this DYNAMICS, or related in any sense with it or PRIZES granted by BMW to the WINNERS.
g) The DYNAMICS, the BASES and any controversy arising around it are subject to the Mexican Republic legislation, and to the exclusive jurisdiction of the Mexico City courts. The PARTICIPANTS and WINNERS in the DYNAMICS, expressly waive to any other forum.
X. Acceptance of these BASES:
By means of the participation in the DYNAMICS, these BASES are accepted, as well as the corresponding Privacy Notice.
“MINI Content Club" Dynamics
I. Responsible for the protection of your personal data
BMW de México, S. A. de C. V. (BMW México), with domicile at Av. Javier Barros Sierra 495, 14th floor, office 1401, Park Plaza III, Colonia Santa Fe, C.P. 01376, Alcaldía Álvaro Obregón, Mexico City, is responsible for the processing of your personal data in terms of the Protection of Personal Data under Possession of Private Parties Federal Law (LFPDPPP).
II. Purpose of the processing and personal data collected
The general personal data of the participants (name, country of residence, social media users and official identification) collected directly within the "MINI Content Club" dynamic, will be used for the following essential purposes: to identify and register the participants of the dynamic; verify that they comply with the requirements established in the rules; select the winners and contact them to coordinate the delivery of their prize through the BMW Importer in their country, in compliance with the rules of the dynamic. This information will not be used for marketing and commercial prospecting purposes.
Use of images
BMW Mexico does not require that the videos submitted by participants include identifiable persons, but in the event that the materials submitted for the "MINI Content Club" contest contain images of third parties (persons other than the participant who are identifiable), the participants guarantee that they have the authorization of the same or their legal representative for the use of their image in terms of this Privacy Notice and the Legal Bases of the "MINI Content Club" contest. The videos will be used to evaluate and select the winners, likewise, BMW Mexico may use, print, reproduce and publish the image(s) of the identifiable persons that appear in the videos sent by the participants and/or winners of this dynamic, in printed and electronic media (websites, social media and blogs), newsletters, photographic memories and publications, in all its manifestations, their interpretations or executions, editions, broadcasts, phonograms or videograms for exclusively informative and journalistic purposes, these images may also be shared or disseminated with other companies belonging to the BMW Group for the same purposes without requiring their express consent in terms of section III of article 37 of the LFPDPPPPP. Participation in this dynamic does not imply the payment of royalties or the existence of a legal relationship between BMW de México, S. A. de C. V. and the participant and/or any third party appearing in the videos received as participation.
III. Means to know our Comprehensive Privacy Notice
If you wish to know the terms and conditions under which BMW Mexico treats your personal data, you can consult the Comprehensive Privacy Notice for Customers and Potential Customers on the website www.mini.com.mx.
IV. Consent to the transfer of your personal data
BMW Mexico informs you that in order to deliver your prize it is necessary to transfer your general personal data to the BMW Importer in your country, so that you can go to their facilities to collect your prize and to validate your identity, this communication requires your express consent in compliance with the provisions of Article 36 of the LFPDPPP, so we ask you to indicate in the following table whether or not you accept the transfer of your information, which is essential to make the delivery of your prize.