Legal notice
Sphere of application and purpose
The website www.rallytheworld.com (hereinafter referred to as ‘Platform’ or ‘Volkswagen AG Platform’) has been created by Volkswagen AG to accompany Volkswagen’s participation in the World Rally Championship (WRC). Volkswagen AG is allowing users to use the content provided on this Platform for the duration of its operation, in accordance with these Terms of Use and all applicable laws. The Terms of Use also apply to users who visit the Platform without registering.
Alterations to the Platform’s Terms of Use and scope of performance
a. Volkswagen AG reserves the right to alter the Terms of Use in ways not unreasonable for the User and with future effect only. Users will be expressly notifed via the Platform of any such changes to the Terms of Use and asked to consent to said changes. We ask you to observe the prevailing version of the Terms of Use.
b. Furthermore, Volkswagen AG reserves the right at any time to extend or curtail the Platform’s scope of performance or alter its functionality. In view of the pace of development on the Internet, Volkswagen AG will need to make adjustments to the Platform’s technical features and content from time to time.
c. Given that the Volkswagen AG platform is a free service for all users and that all registered users must be treated equally, users will be prevented from continuing to use the Platform should they withhold their consent to the altered Terms of Use or to any changes made to the Platform.
Links to third-party websites & other providers’ services
a. The Platform contains links to websites operated by third parties. Volkswagen AG does not adopt as its own the content of third-party websites reached via the links and accordingly is not responsible for the content thereof.
b. On third-party websites the terms and conditions of the respective providers must be complied with.
User registration
To be able to play the browser game, collect points in their personal points accounts, create their own Social Fuel tank and participate in prize competitions, users of the rallytheworld.com platform have to register their personal details. To register, users are required to give a user name, the country in which they live, their gender and e-mail address. Users are also asked whether their user names may be published in the high scores list for the game. It is also possible to register via Facebook. The required data and other basic data (https://developers.facebook.com/docs/reference/login/public-profile-and-friend-list/) are provided by Facebook if the user explicitly agrees.
The user data will be treated as confidential and not disclosed to third parties. Users can delete their data at any time and obtain information on the stored data which they have submitted to Volkswagen AG. However, if users have their data deleted, they are no longer entitled to participate in the prize competition. If nevertheless wishing to do so, users should contact the Volkswagen AG data protection officer:
Data Protection Officer
Volkswagen AG
PO Box 1886/1
38436 Wolfsburg
E-mail: [email protected]
If the User registers via a third party (e.g., Facebook) the privacy policies of that provider apply.
Consent to the use of cookies
Volkswagen AG uses cookies when you visit the rallytheworld.com Platform. You can control the use of Cookies on your computer by adjusting your computer settings accordingly (usually in your Internet browser, e.g., Internet Explorer).
Volkswagen AG assumes that you consent to our use of cookies if your browser permits it. Please see our data protection statement for data protection details.
Links on www.rallytheworld.com
The placement of hyperlinks in the www.rallytheworld.com website is permissible if
• the link leads to the opening of a new window for the linked website rather than it appearing in a frame,
• Volkswagen AG is notified of the placement of the link within 24 hours via an e-mail sent to the address [email protected] and
• the design of the hyperlink clearly identifies it as such, or the linked website uses either the phrase "link to Volkswagen AG" or the heading of the corresponding linked Volkswagen AG website, in conjunction with the phrase "link to Volkswagen AG". Volkswagen AG’s written consent must be obtained before placing links not complying with the above requirements. Volkswagen AG reserves the right to prohibit the placement of links despite their compliance with the above requirements.
User declaration concerning powers of disposition; granting of rights
a. By consenting to these Terms of Use the User is declaring that he or she has full power of disposition over any contributions submitted to Volkswagen AG, for example images, text or comments, and in particular [is entitled] to submit any such contribution for use, as described in subsections b and d of the current section, on Volkswagen AG’s www.rallytheworld.com website, and is unaware of any contrary third-party rights in this respect. In this connection the User is expressly requested, in particular in relation to photographic, illustrative, film and text contributions, to recognize the existence of any third-party rights and strictly comply with said rights.
b. By consenting to these Terms of Use the User is hereby granting Volkswagen AG the right to the unrestricted use of his or her uploaded or inserted contributions on the www.rallytheworld.com website and to use this content free of charge for commercial purposes, make available his or her contribution to interested third parties for the purpose of its integration by other users into their own websites via embedded links, or to make said content publicly available. Furthermore, the User grants Volkswagen AG the right to pass on any of his or her contributions to third parties selected in future by the User him/herself (for example Facebook.com) for integration into their Internet platform. The User hereby grants the provider the right to edit, alter or delete the content he or she submits and to publish statistical data generated in relation to said content. However, in any such statistical material the User will be anonymized.
Participants have no right to the publication of the content they submit. The participant hereby guarantees that he/she possesses all rights to the uploaded content and that this content does not infringe any third-party rights. Should third parties nevertheless assert claims against the provider on grounds of infringement of rights the participant hereby indemnifies the provider in the event of a breach of the above guarantee.
c. In the event of registration via a third-party provider such as Facebook Connect, the text and image content from the relevant third-party platform will be stored on rallytheworld.com for the duration of the campaign (a maximum of 24 months).
d. Should a claim be asserted by a third party against Volkswagen AG due to the use of a contribution as permitted by the User via this declaration, the User hereby indemnifies Volkswagen AG in full against any such third-party claims.
Unauthorised use
When using this Platform all copyright, rights to names, trademark rights and other rights of Volkswagen AG and third parties (in particular personality rights) must be upheld. The User is forbidden from using the Platform in contravention of these Terms of Use or any applicable legal requirements. Examples of such unauthorised use include content, details or statements of a defamatory, discriminatory, demagogic, violence inciting, slanderous, untrue or pornographic nature, as well as content morally harmful to young people. The User must refrain from any abusive use of the Platform, and in particular should not
• circumvent any of the Platform’s security provisions
• use any installations or execute applications which lead or could lead to damage to Volkswagen AG’s installations or to loss of functioning of its website, in particular through changes to the physical or logical structure of the Volkswagen AG server or network or any other networks or
• integrate the Platform or parts thereof into other websites, either private or commercial, or use the Platform for commercial purposes.
Notice concerning possible infringements of rights or laws and impermissible content
a. Volkswagen AG respects the rights of third parties and prevailing law and requires users of this Platform to do the same.
b. Should the User or a person affected by a User’s contribution believe that the Platform’s content infringes their rights, the rights of third parties, these Terms of Use or prevailing law, Volkswagen AG hereby asks them to send immediate notification thereof to the following e-mail address: [email protected]. When doing so please include the following information:
· Details of the person suspected of using the Platform in unlawful fashion, as well as a description/citation of the corresponding content and its location on the website.
· If a party suspects that the content of a User’s contribution could infringe its own copyright, ancillary copyright, personality rights or trademark rights, wherever possible the following information should be provided: a description of the alleged infringement, the location of the incriminating content on the Volkswagen AG Platform, description and proof of that party’s ownership of the rights in question and the full correct name, address and contact details of the notifying party.
c. Volkswagen AG reserves the right to temporarily block the relevant contribution immediately on receiving notification of the kind referred to in subsection b of the present section 9, without prejudice to any further rights on Volkswagen AG’s part, in particular to institute civil or criminal proceedings in this respect.
Liability
Volkswagen AG is liable under the German Product Liability Act (Produkthaftungsgesetz – PHG) for malice or gross negligence and in relation to guarantees expressly given by Volkswagen AG. However, in the event of minor negligence Volkswagen AG is only liable in the event of the breach of a material obligation, while the extent of any right to damages is limited to the foreseeable loss or damage.
Security when sending messages to Volkswagen AG
If you want to send an e-mail to Volkswagen AG via a private e-mail account please note that, in view of the technical structure of the Internet, you will have to take your own precautions to ensure the security and integrity of the e-mail’s content. To this end you may for instance use widely available encryption software.
If you want to send an e-mail directly from the Volkswagen AG contact area please note that the data will be transmitted in unencrypted form, and thus that no guarantee can be given as to the security and integrity of the e-mail’s content.
Governing law
The use of services and these Terms of Use are governed by German law, with the exception of its conflict of laws provisions. Finally, we wish you lots of pleasure using our services.
PRIVACY POLICY FOR RALLYTHE WORLD.COM
Protecting your privacy when using our websites is very important to us, which is why we are providing you below with information on the collection of anonymous and personal data.
Anonymous data gathering
You are entitled to visit Volkswagen AG websites without disclosing your identity to us. We are only informed of the IP address from which you visit us, the website from which you visit us and which of our websites you visit. This information is evaluated for statistical purposes, but you as an individual user remain anonymous in the process.
Collecting and processing personal data
Personal details are only collected if you explicitly furnish us with them, for instance to register for personalized services (see above). These details are transmitted in encrypted form in order to protect them against misuse by third parties. Your data are processed within the Federal Republic of Germany.
Use and transmission of personal data
Except with your consent the personal data collected on Volkswagen AG websites will only be used for purposes of contractual execution and to process your enquiries. Otherwise no transmission thereof to third parties takes place. Any consent you give may of course be withdrawn with future effect at any time by contacting the address provided below. If you retract your consent while taking part in a competition, we will be obliged to exclude you from the competition.
Web analysis service
This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses text files, so-called “cookies”, which are stored on your computer and enable analysis of the way you use this website. The information acquired by the cookie about your use of the website (including your IP address) are transmitted to a Google server in the USA and stored there. If this website activates IP address anonymization, your IP address will be shortened by Google within the European Union or other states party to the Agreement on the European Economic Area before being transmitted. Your full IP address will be transmitted to a Google server in the USA and shortened there only in exceptional cases. Google will use this information on behalf of the operator of this website to evaluate your use of the website, collate reports for the website activities for the website operator and also provide services related to website use and Internet use. Google may also transmit these data to third parties if this is legally permissible or if said third party is commissioned by Google to process these data. Google will never associate your IP address with any other data from Google. You can prevent cookies from being installed by adjusting your browser software settings. However, if you do so, please note that this may prevent you from using some of the functions of this website fully. You can also prevent data produced by the cookie and other data relating to your use of the website (incl. your IP address) from being sent to or processed by Google by downloading and installing the following browser plugin. http://tools.google.com/dlpage/gaoptout?hl=de.
If you have any further questions on the subject of data protection at Volkswagen you can obtain information on your data and also submit any ideas by e-mailing or writing to us at the following addresses:
Volkswagen AG Data Protection Officer, PO Box 1886/1
38436 Wolfsburg
GENERAL TERMS OF ENTRY FOR COMPETITIONS
The www.rallytheworld.com website is an offer of Volkswagen AG, Berliner Ring 2, 38440 Wolfsburg (hereinafter referred to as ‘Platform’ or ‘Volkswagen AG Platform’). These general terms of entry apply to all competitions hosted by Volkswagen AG on the www.rallytheworld.com website. They also apply in addition to specific terms of entry if and insofar competitors are made aware of such terms of entry when participating in the respective competition. By registering on the website, participants agree to these terms of entry and specific terms of entry and deadlines for the respective competition.
Who can enter?
A Prize Competition takes place on the rallytheworld.com website. Due to the necessary technical arrangements and the selection procedure, in order to enter the competition users must have registered on the platform using a confirmed e-mail address or via a third-party service such as Facebook. A competition is open to all persons who are at least 18 years old and are resident in the Canary Islands, Turkey or the European Union (excluding Italy). Employees of the Volkswagen AG Marketing Organization and of the Aperto Group are prohibited from entering, as are their relatives.
How do I enter?
Users will be made aware of the specific terms of entry for the respective competition at the time of entry.
What could I win?
Prizes are announced separately for each competition. Prizes may not be paid in cash, exchanged or transferred. Should they win, users agree to the publication of a report (including text and images) on rallytheworld.com and on social media channels (Facebook, Twitter, Instagram) associated with the “Rally the World” campaign.
How does the prize competition work?
Legal recourse is excluded. Participants who try to manipulate the outcome of the competition will be excluded from the competition. Users will be made aware of specific terms of entry for each competition.
These competitions may at any time be cancelled or altered either wholly or in part by Volkswagen AG if a compelling reason to do so exists. This also includes any necessary alterations to these Terms of Entry.
