Terms of Participation 2019
Please refer to the German Terms of Participation for any legal disputes. These Terms and Conditions are a translation to our best knowledge for your convenience and may contain differences to the German version. These are the Terms of Participation of BreakOut e.V. (℅ Matthias Moeser, Guldeinstr. 52, 80339 Munich) for all participants registered under these terms and conditions for the participation at the BreakOut. A charity marathon organized by the BreakOut e.V. “BreakOut - How Far Can You Go?!” (following “BreakOut” or "Organizer") is designed as a travel competition. Teams consisting of two members, try to travel as far from the start location as they can within 36 hours without using their own money. Beforehand negotiated donations are collected during BreakOut by the teams. The organizer of the donation marathon is the BreakOut e.V., hereinafter referred to as "organizer" or "host". Rule of thumb: What the BreakOut is about, is that all participants go on an adventure from which they return healthy, during which they collect a lot of donations and after which everyone involved is more happy than before. By entering and participating in BreakOut, you agree to be bound by these Terms of Participation and represent that you satisfy all of the eligibility requirements below.
1. Prerequisites for attending
- Please note that the official language of BreakOut will be German.
- Only adults over the age of 18 may participate in BreakOut.
- Only people with a valid passport and/ or travel documents as well as any required visas are allowed to participate in BreakOut.
- Participants are strongly advised to take part only in the case of existing health insurance and liability insurance, as the organizer is not liable for accidents or illnesses that are caused by own or third-party accidents.
- Each participant is entering BreakOut at her/his own risk. For example travel, food, accommodation, insurance and security. The journey happens voluntarily and at her/his own risk.
- Participating in BreakOut is only permitted in a 2-member-team. Only one entry per person, per team is allowed. Further, only natural persons are allowed to participate.
- At least one member of the team has to have the working BreakOut-App or Website on an internet and gps capable mobile device in order to participate in BreakOut.
- The organizer can check the email address, the age and the identity details specified by the participant at any time. Incorrect information that occur during BreakOut, results in exclusion of participation.
- Late, illegible, incomplete, defaced or corrupt registrations will not be accepted. No responsibility can be accepted for lost entries and proof of transmission will not be accepted as proof of receipt. Recourse to the courts is not permitted.
- It is at the discretion of the organizer to exclude participants or teams from participation due to disregard of the conditions of participation or misconduct, without giving further reasons. There is no claim for reimbursement.
- Registration for participation in the BreakOut is only possible from 2nd of April 2019 until 22nd of May 2019.
- Before BreakOut starts every team is bound to find at least one team supporter. The team supporter is committed to donate the previously negotiated sum either per kilometer travelled (linear distance between starting point and the last point) by the team and/or per challenge accomplished by the team.
- In order to complete the registration every entrant is bound to create a user account on the website break-out.org by entering email and password. After that, registering as a participant by filling out the online formular is necessary. In case of completion it is possible to either create a new team or to join an existing team. After creating or joining a team, the payment of the registration fee and donation deposit is due.
- Specifically, we require for registration following personal details: First name, last name telephone number, gender, email address, tshirt size, mobile phone number, emergency number.
- For participating in BreakOut, a registration fee of 20,00€ per entrant has to be paid. It is used to provide every participant with one BreakOut-T-Shirt per person, one Starter-Kit per Team and reserves. The registration fee is non-refundable.
- In the process of registration every team has to deposit an amount of 20,00€ which is repaid in case of achieving or exceeding the minimum donation amount of 100,00€ gathered from team supporters. If the minimum donation amount cannot be reached the deposit is fully donated to Zeltschule e.V..
- The payment data will be announced during the registration process.
- The registration is successful if:
- Each team member was registered,
- A team of two participants was registered,
- The amount of € 60.00 per team was transferred and
- Each team member received the confirmation email about the payment received.
3. The BreakOut
- The BreakOut starts on the 14th of June at 9.00 am from the following locations:
- Geschwister-Scholl-Platz, 80539 Munich
- Berlin (location to be announced)
- from Cologne (location to be announced)
- The goal of BreakOut is to get as far away as possible from the starting point within 36 hours in teams of two. It is forbidden to use your own or collect money for transportation. Even third parties are not allowed to collect money for the team. Further regulations can be found in the Code of Honour.
- Team supporters have the possibility to support one or several teams. This support can be delivered in one of three modes:
- A donation is effected, if no logo and no URL have been supplied. For donations equal to or less than 200€ the team supporter will not receive a donation receipt, as the simplified rules for small donations apply. For larger donations the team supporter will receive a donation receipt at the end of the year.
- A passive sponsoring is effected, if a logo and no URL have been supplied. For a passive sponsoring the team supporter will receive an invoice with no value added tax.
- An active sponsoring is effected, if an URL and optionally a logo have been supplied. For an active sponsoring the team supporter will receive an invoice on which 19% of the promised support will be value added tax.
- Below, we will use the term “promised donations” to refer to all the above mentioned forms of support. The team supporter specifies during sign-up which form of support she uses for ALL of the teams she supports. In case a team supporter is signed-up several times and there is doubt, the more restrictive form of support will apply (Aktive Sponsoring is more restrictive than passive sponsoring is more restrictive than donations). The team supporter is obliged to enter the chosen form of support correctly. If the organizer detects a different form of support than entered by the team supporter, it is at the organiser’s discretion to account for the team supporter by a more restrictive form.
- Teams collect promised donations with the help of team supporters. After deducting any applicable VAT, 100% of the promised donations will be donated to the respective donation partner of the organiser. During the season of 2019 we will donate to Zeltschule e. V. (donation partner).
- On the 8th of June from 7.30 a.m. till 8.30 a.m. every team needs to check in. Participants are required to register on the spot during this check-in phase.
- During the check-in process every team confirms its fitness to travel by registering and gets in return one Starter-Kit per team and one T-Shirt per team member.
- It is required to show up the latest at 8 a.m. at the starting point.
- In case a Participant does not show up on time for on-site check-in at the designated Starting Point, his/her entire team will have forfeited the right to participate and will have no right to claim a refund. The Organizer can decide to make an exception.
- The Organizer is allowed to carry out last minute announcements, photos and marketing measures before the start of the event.
- During BreakOut, every team has to travel together with its two members at all times.
- At no point will the organizer cover possible costs of travel. Specifically, this includes costs of returning.
- The use of one’s own vehicles or vehicles owned by friends or family or relatives is not allowed. This includes free air miles, travel vouchers, student tickets or similar. The team has to render an account of its itinerary.
- At the latest 36 hours after the start of BreakOut a picture has to be sent via the BreakOut-App showing both team members with the T-Shirts at the final destination. The destination has to be identifiable on the picture.
- It is strictly forbidden to accept money for travel or as a donation. Donation should instead be collected with sponsorings and with challenges.
- The Teams’ security is important to the organizer. The organizer recommends every team to send location updates when crossing a border, changing vehicles and in any other case, on a regular basis. Nighttime hours excluded. Data Roaming Costs are in the responsibility of the team.
- During the 36 hours the participants can reach the Organizer by phone at the BreakOut headquarter. The phone number will be announced at the start.
- Publishing location updates is on the team’s own authority and the team may be held accountable for that. Teams are responsible for the content and the publication of the posting messages themselves and can be held liable for this. The organizer reserves the right to delete messages with e.g. violent, sexist, pornographic, racist, demagogic, trademark-infringing content.
- The BreakOut ends at 9.00 pm on the 15th of June 2019.
- Each team has the possibility to terminate their BreakOut prematurely with notification to the central office through telephone call
- Awards will be announced in the category “highest donation amount” and “longest distance” as well as in other categories.
- The winner in the particular category will be announced via email or social media channels.
- The organizers intend to organize award ceremonies in Munich, Berlin and Cologne.
5. Data Protection
- The participant hereby confirms that the Personal Data entered in connection with BreakOut is accurate and up to date.
- By accepting these Terms of Participation, you agree that BreakOut may process your Personal Data itself or through outside data processors who will process data on its behalf in accordance with all relevant data protection regulations.
- The participant accepts that data collected during the registration process (first name, surname, team name and email address) will be passed on to third parties for the purpose of the awarding of prizes and press releases.
- The participant grants his consent in accordance with § 22 KUG, that during the start and the award ceremony of the BreakOut and its partners, to distribute and to publish picture and sound recordings for the reporting of the event free of charge in all of the distribution channels, in particular also on the Internet, e.g. on the website break-out.org as well as the associated social channels like Facebook, Twitter, Instagram and YouTube.
- By sending pictures and text content to the organizer, the participant agrees that the organizer distributes and publishes the pictures, text and media content. In particular for the website break-out.org as well as the associated social channels, such as Facebook, Twitter, Instagram and YouTube, as well as for reporting on the event.
- The organizer reserves the right to cancel the whole BreakOut or specific cities, to postpone it or to set a new date. Reasons for this can be: force majeure, faultless obstacles, the local or personal security situation. Any claims of the participant in such cases are excluded. In particular any costs, including overnight expenses, travel expenses, the deposit, as well as the participation fees.
- The Participant is responsible to check that her/his gear is in good working condition, properly maintained and suitable for BreakOut.
- The organizer is liable for gross negligence and intent - including his legal representatives, vicarious agents, legal assistants or employees, as well as in cases of guarantee and malice. If the organizer breaches contractual obligations, the liability is limited to the typically foreseeable damages. In all cases, the organizer's liability is not limited to damages resulting from injury to life, body or health or liability under the Product Liability Act; In these cases the organizer is also liable for slight negligence.
- Participants are required to receive information from the Federal Foreign Office of the Federal Republic of Germany and observe visa regulations, rules and conventions of the different countries.
- The organizer is not liable for the truthfulness of the donor's use of the donation as well as for compliance with applicable laws and regulations.
7. Code of Honour
The Participant is required to read and agree to the Code of Honour. Any infringement against the Code of Honour or these Terms of Participation may, in the sole discretion of the Organizer, lead to disqualification from the participation without any claim to refund whatsoever regarding the registration fee and/or other incurred costs.
- Travel Code of Honour
- The exciting part about BreakOut is spending NO money on traveling. So to come as far as possible within 36 hours - and for free!
- This rule does not apply to food, drinks and accommodation. Whether you are on the road, in a tent, with friends, the newly acquainted ride or just no sleep at all, its up to you. All incurring costs are decided by you, the same applies for the return journey costs.
- During the trip you can get bought tickets from other people. However, it is important that a ticket is paid directly by ONE person, so you have nothing to do with the money. It is not allowed to collect money, neither by another person on behalf of you.
- In order to move, every kind of transportation is permitted. Whether it's classic hitchhiking by car, by train through the country or over water in a boat - as long as you spend no money your creativity has no limit - insider hint: No one has ever ridden on a camel (yet!).
- No agreements may be made in advance. Also not if your grandmother "coincidentally" makes a trip to Sweden.
- Donation Code of Honour
- In addition to traveling and the fun BreakOut means, we want to do something good: Together with you and Zeltschule e.V., we support people in Burkina Faso by financing the construction of glasses centres in cities and outreach programmes to enable people in remote areas to buy affordable glasses.
- Therefore, each team has to organize at least one team supporter. The more team supporters, the better! This can be your rich aunt, a dear grandma or your favorite restaurant - or the company where you work(ed).
- For each team there is a minimum donation goal of 100 €. Each team gives a deposit of 20 €, which will be refunded upon reaching the goal. (Last year, the average donation per team was almost 1000 €. So don’t worry, it’s easy to reach).
- You take responsibility for your team supporters and are responsible for assuring that they transfer the promised donation.
- Behavioural Code of Honour
- Please be careful with hitchhiking and look well at the cars and drivers before entering.
- At any time of the day and at any degree of latitude, it is important to be respectful towards all creatures and foreign cultures. It is required to double-check the rules and laws in other countries before you travel, especially when hitchhiking.
- And last but definitely not least: Your travel partner and you - you are a team. You stay together and do not separate. In addition, your traveled distance in the end only counts, if you two smile together on the goal photo.
- Appcode of Honour
- Please send us your position after every change of transportation, after each country border and/or at least every three hours - if possible with text and photo - so that your fans can follow you live at home. Of course you can turn your mobile phone off between goodnight and good-morning posts.
- At the very end, when the last grains of sand trickle through the hour-glass, you must post a finish line photo to commemorate the end of the best, most exciting and extraordinary 36 hours of your life with you (preferably in a BreakOut Tshirt) at your final destination. Whether this is the Alexanderplatz in Berlin, the Acropolis in Athens, or a fisherman’s wharf in Sweden, it's up to you!
- Miscellaneous In case of doubt the german version of the Terms of Participation and german law is applied. The place of jurisdiction is Munich. Should individual provisions of these Terms of Participation be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the contract shall remain unaffected. The ineffective or impracticable provision shall be replaced by the effective and enforceable provision whose effects are closest to the spirit of the agreement which the contracting parties have followed with the ineffective or unenforceable provision. The foregoing provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.