General Terms and Conditions of Participation for Competitions/Prize Contests
These General Terms and Conditions of Participation apply to all competitions and contests organized by us, Edel Music & Entertainment GmbH, Neumühlen 17, 22763 Hamburg, (hereinafter referred to as "we" or "us"). Terms and conditions stated in connection with the respective competitions/contest - e.g. in the competitions entry on social media platforms - (hereinafter referred to as "Additional Terms and Conditions") supplement these General Terms and Conditions of Participation and, in case of doubt, take precedence over them.
The manner of participation in the competitions/prize draw is specified in the Additional Terms and Conditions for the respective competitions/prize draw. Participation in the competition/contest is free of charge.
All persons over the age of 18 (as well as young people under the age of 18, provided that their legal representative gives written consent to their participation) from all countries are entitled to participate. Our employees and employees of our subsidiaries and cooperation partners who were or are involved in the implementation of the competition/contest and their family members are excluded from participation.
Winnings, determination of winners and prize redemption
The prize(s) will be specified in the respective additional terms and conditions for the competition/contest.
The winners will be determined after the closing date by means of a random draw from among all valid entries. The supplementary terms and conditions may specify different modalities for determining the winners, especially in the case of prize competitions (e.g. jury decision).
The winner will be notified after the end of the competition/contest. In the case of competitions/prize contests organized on social media platforms, notification shall be made via a separate posting, comment or direct message function and with a request to provide the personal data required for awarding or sending the prize. Otherwise, notification will be made by telephone or e-mail. In addition, the winners will be announced on our social media platforms in anonymized form.
If the winner cannot be reached and does not get back to us within 48 hours of being contacted, the prize will be forfeited, and a new winner will be chosen. In the case of prizes that include tickets, the response period is 24 hours. In the event of a non-deliverable prize notification or the prize, we are not obliged to make further inquiries, but can immediately determine a new winner.
Only one prize is possible per participant. Exchange, transfer, self-pickup or cash payment of a prize are excluded.
Winnings in kind
The item presented as a non-cash prize in the competition/contest is not necessarily identical to the item won. Rather, there may be deviations with regards to type, model, color or similar. It is possible that we or the prize sponsor may select an item of average type and quality equivalent to the item presented as a non-cash prize.
The non-cash prizes will be sent by us or a third party commissioned by us by forwarding agent, parcel service or post to the postal address to be provided by the winner*. We will bear the standard costs of delivery within the world. Any additional transport costs and customs duties shall be borne by the winner. The place of performance remains our place of business, despite the fact, that we bear the shipping costs.
Tickets will be sent to the winner by post to the address provided or by e-ticket to the e-mail address provided.
The use of the ticket is made in a direct relationship between the winner and the respective ticket provider/concert organizer and exclusively under the conditions of the ticket provider and/or concert organizer, which the winner accepts by using the ticket.
If concerts are cancelled or postponed, we reserve the right to replace the prize with an alternative prize. We also reserve the right to provide a guest list place instead of the ticket.
If the prize includes an accompanying person, we may require that in the case of winners who are minors, the accompanying person must either have legal custody of the winner or be appointed by the winner's legal guardians to act as the winner's legal guardian within the meaning of the German Youth Protection Act (Jugendschutzgesetz) and be of full age.
Expenses and costs associated with the use of the ticket (e.g. travel and catering costs) shall be borne by the winner. These are not included in the ticket prize, unless otherwise stated in the name of the prize.
Digital prizes, i.e. non-physical prizes (e.g. e-books, audio books) will be made available to the winner as a download by e-mail or made accessible via a platform of the provider of the prize.
By using this content, the winner agrees to the terms and conditions of the respective provider. The use takes place in a direct relationship between the winner and the provider. It may be necessary for the winner to have a valid account for the provider's platform.
If the prize is no longer available for legal or other reasons, we reserve the right to replace it with an alternative prize of equal value.
Contributions by participants
If the competition/contest requires the sending of contributions, the following applies:
Requirements for the contribution
The entry submitted by a participant must have been created by the participant him/herself (as author, photographer, etc.) or by a person who has exclusively transferred to him/her all his/her rights (photographer's rights, film production rights, etc.) to the entry for onward transfer to us.
The contribution must be free of brand names, protected marks, works protected by copyright and ancillary copyright, industrial property rights and other intellectual property of third parties (natural and legal persons) or contain the corresponding consent of the entitled person(s). The entry may not in any way infringe the copyrights, ancillary copyrights, trademark rights, personal rights or other rights of third parties (natural and legal persons).
We reserve the right to exclude entries at any time during the competition/contest at our own discretion, with which there is a risk of infringement of third-party rights. By submitting an entry, the participant transfers ownership of the entry to us, insofar as ownership can be acquired of the entry or its material, audio, video, audio-visual or other data carriers.
Transfer of rights
The participant transfers to us the non-exclusive rights to use the contributions sent by you for the duration of the statutory protection period, including any extensions for all types of use, without any restrictions in terms of content or territory. In particular, but not exclusively, this includes the rights to reproduce, distribute, make excerpts from, edit (in particular with regard to the digitization or encryption of the contributions) or - also for other purposes - to use, publish, make publicly available, broadcast and otherwise use the contributions sent by you in whole or in part, individually or in conjunction (e.g. with sound and/or video recordings and/or together with other images and/or media), in all known types of media and uses and, with regard to ancillary copyrights, also in all unknown types of media and uses, for any purpose, commercially or non-commercially, in particular for advertising, promotion, sales and merchandising purposes, as well as to use the name, image and photograph of each participant in this context free of charge at its own discretion. The granting of rights extends to the exploitation of the rights of use both by us and our affiliated companies within the meaning of the German Stock Corporation Act (AktG) and by the (also partial) granting of rights to other third parties against payment or free of charge.
Insofar as copyrights are concerned, the customary terms and conditions for the industry will be offered for as yet unknown types of use, taking into account these conditions of participation. The participant agrees that he/she will not receive any remuneration for the use of the contribution. Legal claims remain unaffected.
To the extent permitted by law, participants grant us and advertising agencies commissioned by us the right to use and publish their photo, name, illustrations and biographical information in all media in order to promote the competition/contest and us, without additional compensation.
Winners and/or entrants agree to enter into an additional written agreement, at our request, regarding the aforementioned transfer of rights to the entries.
By participating in the competition/contest, the participant assures us that the entry submitted by him/her does not infringe any third-party rights, that he/she alone is entitled to dispose of the required rights without restriction and free of third-party rights. If the participant is not the sole author of the entry, he/she assures that he/she has acquired all consents, licenses and required rights in order to participate legally in the competition/contest. In this context, the participant indemnifies us against all claims and responsibilities, including the costs of legal defense and prosecution, which may arise from a violation of these conditions of participation, upon first request. The participant undertakes to provide evidence of the granting of rights of use and the consent of persons depicted in the respective contribution upon request.
The participant acknowledges and accepts that we are not obliged to use his/her contribution and that we may refrain from using any contribution at our own discretion. We will not be held liable if we do not use the contribution.
Only entries submitted in accordance with these terms and conditions will be considered in the competition/award.
We are fully liable in case of intent and gross negligence as well as for damages resulting from injury to life, body or health.
In the event of slight negligence, we shall only be liable for breaches of a material contractual obligation. Essential in this sense is an obligation, the fulfillment of which makes the achievement of the contractual objective possible in the first place and on the fulfillment of which you as a contractual partner thus rely. In these cases, however, we are not liable for lack of business success, lost profits and indirect damages. Liability is limited to typical, foreseeable damages.
The limitation of liability applies with the necessary modifications also to our employees, contractors and vicarious agents. Possible liability on our part for warranties and claims arising from the German Product Liability Act shall not be affected by this.
Our competitions/prize contests can be carried out in cooperation with various partners (cooperation partners), in particular by providing prizes (prize sponsor). In these cases, we represent the cooperation partners during the implementation of the competition/contest and make the prizes donated by them available for winning solely on their behalf. We do not assume any obligation to perform ourselves in these cases.
The participant acknowledges that competitions/prize competitions that are carried out or announced by us on social media platforms (in particular Facebook, Instagram, Twitter, Deezer, Spotify, YouTube) are not connected to the social media platform in question and are not sponsored, supported or organized by it in any way. When using a social media platform to participate in the competition/prize competition, the participant* agrees to the terms and conditions of the respective platform. Furthermore, the participant* declares that he/she will not make use of these social media platforms because of the competition/contest and that he/she will release them from any liability in this respect.
The personal data (e.g. name, address, e-mail address, telephone number) provided by the participant* in the course of participation will be used by us solely for the purpose of conducting the competition/contest and awarding/sending the prize (Art. 6 I 1b) DSGVO). Personal data of the participant will only be passed on to cooperation partners and only in order to enable the implementation, e.g. the delivery of the prize.
The collected personal data of the participants will be deleted after the competition. Something else only applies if we are obliged or entitled to store the data for a longer period of time due to legal regulations. Participants have the right to information about the data stored about them (Art. 15 DSGVO), to correction (Art. 16 DSGVO) and, if the other requirements are met, to deletion or restriction of processing and to data portability. Our company data protection officer can be reached at email@example.com. There is also the right to lodge a complaint with a supervisory authority.
If the participant subscribes to a newsletter or similar and/or creates an account as part of the competition/contest, the conditions stated in connection with the respective registration, including our data protection provisions at https://www.edel.com/datenschutz/, apply with regard to the use of personal data.
We reserve the right to prematurely terminate or extend the competition/contest at any time without prior notice and without stating reasons. This applies in particular if proper implementation cannot be guaranteed for technical or legal reasons. This does not give rise to any claims against us or our cooperation partners.
We reserve the right to exclude participants from the competition/contest for good cause and to reclaim prizes, in particular if there is justified suspicion or evidence of false statements, manipulation, violation of these conditions of participation or other unauthorized actions.
The legal process is excluded.