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, Germany (hereinafter referred to as “we” or “us”). Terms and conditions specified in connection with the respective competition/contest – e.g. in the competition post on social media platforms – (hereinafter referred to as “additional terms and conditions”) supplement these general terms and conditions of participation and take precedence over them in case of doubt.
1. Participation
The method of participation in the competition/contest is specified in the additional terms and conditions for the respective competition/contest. 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 their legal representative declares their written consent to participation) from around the world are eligible to participate. Our employees and employees of our subsidiaries and cooperation partners who were or are involved in the implementation of the competition/contest, as well as their family members, are excluded from participation.
2. Prizes, Winner Determination and Prize Redemption
The prize(s) will be specified in the respective additional terms and conditions for the competition/prize draw.
The winners will be determined after the closing date for entries as part of a random draw from all valid entries. The additional terms and conditions may – particularly in the case of competitions – specify different procedures for determining the winners (e.g. jury decision).
The winner will be notified after the end of the competition/contest. In the case of competitions/competitions organized on social media platforms, notification will be made via a separate post, comment or direct message function and with a request to provide the personal data required to award or send the prize. Otherwise, the winner will be notified by telephone or email.
If the winner cannot be contacted and does not respond 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 ticktes, the specified response period is 24 hours. In the event that the prize notification or the prize cannot be delivered, we are not obliged to make any further inquiries, but can determine a new winner immediately.
Only one prize is possible per participant. Exchange, transfer, self-collection or cash payment of a prize are excluded.
2.1 Profit in Kind
The item presented as a non-cash prize in the competition/competition is not necessarily identical to the item won. In fact, there may be deviations in terms of model, color, etc. It is possible that we or the prize sponsor may select an item of medium type and quality that is 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 specified by the winner. We will bear the costs of delivery within Germany, Austria and Switzerland. Any additional transportation costs and customs duties shall be borne by the winner. The place of performance remains our place of business despite the assumption of the shipping costs.
2.2 Tickets
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 in the direct relationship between the winner and the respective ticket provider/concert organizer and exclusively under the terms and conditions of the ticket provider and/or concert organizer, which the winner accepts by using the ticket.
If concerts are canceled or postponed, we reserve the right to replace the prize with an alternative prize. We also reserve the right to provide a place on the guest list instead of the ticket.
If the prize includes an accompanying person, we may, in the case of underage winners, require that the accompanying person either has custody of the winner or is authorized by the winner’s legal guardian within the meaning of the German Youth Protection Act and is of legal 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 description of the prize.
2.3 Digital Prizes
Digital prizes, i.e. non-physical prizes (e.g. e-books, audio books) will be made available to the winner by email as a download 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 specified prize is no longer available for legal or other reasons, we reserve the right to replace it with an alternative prize of equal value.
3. Contributions from Participants
If the competition/contest requires the submission of entries, the following applies:
3.1 Requirements for the Entry
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 transferred all his/her rights (photographer’s rights, film production rights, etc.) to the entry exclusively and for onward transfer to us.
The entry must be free of brand names, protected trademarks, 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 authorized 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/competition at our own discretion if 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 of the entry or its material, audio, video, audio-visual or other data carriers can be acquired.
3.2 Transfer of Rights
The participant transfers to us the non-exclusive rights, unlimited in terms of content and territory, to exploit the contributions submitted by you for the duration of the statutory protection period, including any extensions for all types of use. In particular, but not exclusively, the rights to reproduce, distribute, produce excerpts, edit (in particular with regard to the digitization or encryption of the contributions) or – also for other purposes – use, publish, make publicly accessible, broadcast and otherwise use the contributions sent in whole or in part, individually or in combination (e.g. with audio and/or video recordings and/or together with other images and/or media), in all known media and types of use and, with regard to ancillary copyrights, also in all unknown media and types of use for any purpose, commercial or non-commercial, in particular for advertising, promotion, sales and merchandising purposes and to use the name, image and photo 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 by us and our affiliated companies within the meaning of the German Stock Corporation Act as well as by granting rights to other third parties for a fee or free of charge (including in part).
As far as copyrights are concerned, the usual industry conditions are 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 entry. 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, images and biographical information in all media without additional remuneration in order to advertise the competition/prize draw and us.
Winners and/or participants undertake to conclude an additional written agreement on the aforementioned transfer of rights to the entries at our request.
By participating in the competition/contest, the participant assures us that the entry submitted by him/her does not infringe any third-party rights and 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 warrants that he/she has acquired all consents, licenses and rights required to legally participate 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, upon request, to provide proof of the granting of the rights of use and the consent of persons depicted in the respective contribution.
The participant acknowledges and accepts that we are under no obligation to use his/her contribution and that we may refrain from using any contribution at our sole discretion. We accept no liability if we do not use the contribution.
Only entries submitted in accordance with these terms and conditions will be considered in the competition/contest.
4. Liability
We shall be fully liable in the event 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. An essential obligation in this sense is an obligation whose fulfillment makes the achievement of the contractual objective possible in the first place and on whose fulfillment you as the contractual partner therefore rely. In these cases, however, we are not liable for lack of commercial success, lost profits and indirect damages. Liability is limited to typical, foreseeable damages.
The limitation of liability also applies, with the necessary modifications, to our employees, contractors and vicarious agents. Possible liability on our part for warranties and claims under the German Product Liability Act is not affected by this.
5. Other
Our competitions/competitions 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/prize contest and provide the prizes donated by them solely on their behalf. We do not assume any obligation to perform in these cases.
The participant acknowledges that competitions/competitions held or announced by us on social media platforms (in particular Facebook, Instagram, Twitter, Deezer, Spotify, YouTube) are in no way connected to the social media platform in question and are in no way sponsored, supported or organized by it. When using a social media platform to participate in the competition/contest, 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 in this respect releases them from any liability.
The personal data provided by the participant (e.g. name, address, e-mail address, telephone number) will be used by us solely for the purpose of conducting the competition/prize draw and awarding/sending the prize (Art. 6 I 1b) GDPR). The participant’s personal data will only be passed on to cooperation partners and only to enable the implementation, e.g. delivery of the prize.
The personal data collected from participants will be deleted after the competition has been completed. Anything 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 personal data stored about them (Art. 15 GDPR), to rectification (Art. 16 GDPR) and, if the other requirements are met, to erasure or restriction of processing and to data portability. Our company data protection officer can be contacted at datenschutz@edel.com. You also have the right to lodge a complaint with a supervisory authority.
If the participant subscribes to a newsletter or similar as part of the competition/contest and/or creates an account, the conditions stated in connection with the respective registration, including our privacy policy at https://www.mps-music.com/privacy-policy/ , apply with regard to the use of personal data.
We reserve the right to terminate the competition/contest prematurely or extend its duration at any time without prior notice and without giving 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/competition for good cause and to reclaim prizes, in particular if there is reasonable suspicion or proof of false information, manipulation, violation of these conditions of participation or other unauthorized actions.
Legal recourse is excluded.