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General terms and conditions of participation for contests and competitions of Sony Music Entertainment Germany GmbH

1. Scope

The general terms and conditions of participation apply to contests, competitions and comparable actions (hereinafter jointly referred to as “action”). These terms apply in particular to actions in the online area organized by Sony Music Entertainment Germany GmbH, Balanstraße 73, Haus 31, 81541 München (hereinafter referred to as “organizer”).

 

2. Reference to specific terms and conditions

Every single action has its own specific terms and conditions, which are displayed in the tender text of each action.

These specific terms and conditions include information regarding the procedure of the action, deadline for participation, prizes and the selection of winners. The specific terms and conditions of respective action, which also refer to these general terms, have priority over these general terms.

 

3. Participation/Exclusion

The participation and chance of winning is free and independent of the purchase of products from the organizer or affiliated companies.

Persons excluded from the participation cannot claim to receive the prize in case of winning.

  1. Minimum Age
    The minimum age for participation is 14 years. All participants under the age of 18 need a written consent of a legal guardian. Without such consent, a participation is not possible.

  1. Territorial Restriction
    Only persons with permanent residence in Germany, Austria or in Switzerland are eligible to participate.

  1. Exclusion of employees and their family members
    Legal representatives and employees of the organizer, affiliated companies and companies involved in the organization of the action, as well as their family members are not eligible to enter.

  1. Exclusion in case of multiple participations, mass submissions or other manipulation
    The organizer reserves the right to exclude multiple participations (e.g. under several names, accounts or email addresses) or in this respect conspicuous submissions or rather mass submissions, as from sweepstake sites or sweepstake clubs. Persons, who (try to) get an advantage for their selves using unauthorized aids or technical manipulations are also excluded.

  2. Exclusion in case of violation/for good cause
    A violation of these terms and conditions entitles the organizer to exclude the participant – without prior notice - from the participation.

  3. Exclusion from events
    If the prize is an event (concert etc.), only natural persons, who are actually able to attend this event on the day of the event, are eligible to participate.
    Winners who are under the age of 16 have to be accompanied by a parent, legal guardian or responsible adult. Otherwise, the access to the concert will be denied.
    All instructions by the security staff and by the employees of the organizer in connection with the action have to be obeyed.

  1. Exclusion in case of non-consent to these terms and conditions
    If or as soon as persons do not consent or withdraw their consent to the specific and/or general terms and conditions, they are excluded from the participation.

  1. Participation in one’s own name/no transmission
    The participation has to be in one’s own name. The prize is non-transferable.

 

4. Regulations on individual prize categories

The following regulations apply in general for several prize categories. As far as the specific terms and conditions of the respective action do not regulate otherwise, the winner can only claim the service as described here.

  1. Ticket Prize
    Tickets will be sent out by mail to the given address of the winner or will be sent to the given email address of the winner as electronic tickets. Tickets can also be deposited at the event location.
    In case of the award of guest list places, the concert organizer will get the names of the winners and accompanying persons (to be named by the winner). Winner and accompanying person must ensure to have identification.
    The organizer has no control over postponement or cancellation of the concerts. In this case, the organizer reserves his right to substitute the prize with a prize of equivalent value.
    The terms and conditions of the respective concert organizer and ticket vendor apply for the concert.

  1. Material Prize
    The organizer or a third party will send out material prizes by postal service, shipping company or by other means to the residential address specified by the winner.
    The organizer pays the shipping costs to the residence of the winner. The place of execution however remains the head office of the organizer.
    Pictures showing the material prizes are just exemplarily. The individual prizes may vary regarding the color, model etc. The organizer is entitled to choose an object of equivalent value, type and quality.

  1. Travel Prize
    Travel prizes will be arranged by the organizer or a third party (sponsors/travel agencies etc.). If the services of third parties are used for this purpose, the third parties are in charge of the realization of the travel. Therefore, the terms and conditions of respective sponsors, travel agencies etc. are binding.
    The winner is personally responsible for having the needed travel documents, especially valid identity cards/passports or – where required – visas.
    The course of the journey – esp. dates of travel – will be coordinated between the organizer and the winner. The winner cannot claim to travel at specific date or time.
    The organizer only bears the costs, which are explicitly mentioned in the text of respective action. Other costs, e.g. for food, are not covered by the prize.

  1. Home Concert
    The winner organizes home concerts on a certain date at the specified address of the winner. The maximum number of guests is 26, including the winner. In case of unpredictable events, which make the realization of the home concert impossible, the organizer is entitled to postpone the concert.
    If the winner is not available for the planned date of the home concert, he cannot claim to reschedule the date.
    The organizer only bears the costs, which are explicitly mentioned in the text of respective action. The winner has to bear additional expenses. The winner transfers all his rights on images and audiovisual recordings taken during the home concert to the organizer.

 

5. Use of Data

For the realization of the action usually personal data like names, date of birth, address or/and email address or/and telephone number will be collected. The participant is therefore responsible for the correctness of given contact data. The organizer is not obligated to determine the correct contact data. The organizer saves the data until the termination of respective action.

 

  1. Data Protection
    The given data from the participants are collected in accordance with the privacy policy. The privacy policy of the organizer can be reviewed at https://www.sonymusic.de/privacy-policy. By participating in the action, participants have to explicitly acknowledge that they have read and accepted the privacy policy.

  1. Use of the winner’s name etc.
    The participant hereby grants the permit to display his name and/or image in connection with the win on the websites of the organizer or the respective artists/band (Homepage, Twitter, Facebook, YouTube, MySpace etc.). In case of an action in social networks, like e.g. Facebook or Twitter, the participant also grants the permit to link the profile of the participant.

  1. Withdrawal regarding data
    The participant has the right to withdraw the consent regarding the collection and saving of personal data at any time. In this case, the organizer will erase all data concerning the participant. Therefore, the participation in the action will be terminated. If the removal is not possible due to legal provisions, the access to the data will be blocked.

  1. No liability for receiving data
    The organizer is not liable for technical problems during the transmission of content, the availability or incorrectness of competition website.

 

6. Submission of content

To some extent, the participation in an action requires the submission of contributions and/or material. In this regard following applies:

  1. No illegal content
    In the context of the actions, it is forbidden to submit or grant access to illegal, criminal, pornographic, youth-endangering, racist or otherwise extremist or discriminating content.

  1. Copyrights, rights of use (incl. trademark rights etc.)
    The participant ensures and is responsible that he is the sole legal owner of all rights of use and exploitation of the submitted content. The content must not contain any trademarks, protected marks, and industrial property rights, works protected by copyright and ancillary copyright or other intellectual property of third parties without the corresponding and unlimited consent of the rights holders. Therefore, the participant indemnifies the organizer against third party claims. The organizer will exclude submissions at its own discretion, if they infringe or could infringe such third party rights in the organizer’s opinion. The participant may also be required to execute or procure that third parties execute additional documentation concerning the use of the submitted content, at organizer’s reasonable discretion.

  1. Non-exclusive grant of rights of use
    The participant transfers to the organizer the free-of-charge, non-exclusive, irrevocable and transferable right, as well as the perpetual, worldwide and unlimited right to use the submitted content. Further legal claims remain unaffected.

  1. Property rights
    All submissions become the sole property of the organizer. The organizer is not obligated to return submitted material.

  1. Exclusion of individual contributions
    The organizer is entitled to exclude individual contributions at its own discretion, especially if they violate the terms and conditions.

  1. No liability for receiving
    The organizer is not liable for technical problems during the transmission of content, the availability or incorrectness of competition website.
    The participant grants that he will only submit content in compliance with these above-mentioned conditions.

 

7. Reservation of the right to modify/terminate the prizes/conditions

The organizer reserves the right to modify, terminate or extend the action or terms and conditions at any time and without stating any reasons, especially if a proper execution is not possible due to technical and/or legal reasons.

A participant, who was already declared winner of an action, is in this case not entitled to any claims against the organizer.

 

8. Determination of the winners

The organizer, its employees, agents or commissioned third parties will select the winners. Further details are stated in the specific terms and conditions.

 

9. Notification, acceptance period/forfeiture

The winner will be notified by mail, by telephone, by email, by fax, on Facebook or by other means. The winner will usually be contacted within three calendar days after the deadline for participation. If a winner cannot be contacted within two days, the prize will be forfeited and an alternate winner will be selected.

 

10. Exclusions concerning the prize

  1. No cash redemptions or substitutions
    Payments of the cash value are not possible.
    Additional costs and expenses, e.g. for travel, food or other, will not be paid by the organizer, unless they are explicitly part of the respective prize.

  1. Exclusion of legal recourse
    Legal recourse is excluded.

 

11. Cooperation in actions

It is possible that actions will be organized in cooperation with various partners. In some cases (e.g. if the prize will be sent by the cooperation partner), it can be necessary that data of the participants have to be submitted to the cooperation partner. The participant is therefore declaring his consent to submission to cooperation partner.

The organizer is not liable for wrong information stated by cooperation partners.

 

12. Terms and conditions for contests on Facebook

By participating, each participant must comply with the policies of Facebook, which can be reviewed at www.facebook.com/policies/?ref=pf. Actions on Facebook are not connected with Facebook, Inc. or Facebook Ireland Ltd. They are in no way sponsored, supported or organized by Facebook and therefore do not justify any legal rights against Facebook. The organizer exclusively provides all information regarding the actions.

Facebook is also not a contact partner for respective action. All enquiries regarding the action have to be addressed directly to the organizer.

 

13. Disclaimer

The organizer is not liable for slightly negligent breaches, unless the breaches concern essential contractual obligation, damages resulting from injury to life, limb or health, guarantees and claims arising from the German Product Liability Act (Produkthaftungsgesetz). The same applies to breaches of agents of the organizer.

 

14. Miscellaneous

German law applies. If permitted, the courts of Munich shall have the original jurisdiction for all matters regarding the actions.

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