General Terms and Conditions for the prize draw promoted by:
Deutsche Grammophon Gesellschaft mbH
Mühlenstrasse 25
10243 Berlin, Deutschland (hereinafter “the Label”)
1. These General Terms and Conditions apply to the prize draw promoted by the Label on the websites of the Label and/or its legal affiliates.
2. To participate in the competition individuals must be over the age of 18 with full legal capacity. Representatives and employees of the Label and its legal affiliates, their first or second-degree relatives and relatives by marriage are ineligible to participate. Invalid participation will not give rise to entitlement to any prize. Entries made via competition or input services cannot be taken into account.
3. Each Participant must submit his/her entry under his/her own name. Prizes cannot be transferred to third parties.
4. The provision of compulsory and voluntary information required for participation in the competition, such as first and last names, address, age and/or email address and/or telephone number shall be handled by the Label in accordance with its statement of data protection and any additional declarations of consent provided. Eligibility for participation in the competition requires that where information is requested, all information submitted must be truthful. Otherwise, the Participant may be excluded from the competition, even at a later date.
5. Where there is a change in the law or legal interpretation or if there is a legal ban, the Label retains the right to exchange the published prize and to replace the prize with other prizes, to amend the relevant competition or to cancel the competition in its entirety. In such circumstances, prize-winners who have already been determined shall have no recourse against the Label or its legal affiliates.
6. Determination of prize-winners is made by the Label, its employees and agents or appointed third parties. In this respect the Label is not liable for simple negligence of these individuals during the prize-winner determination process.
7. If a Participant has won a prize, he/she will be notified in writing (in particular by email) or by telephone. If notification is made in writing, the prize-winner is required to inform the Label in the requested format within five (5) working days (valid once postmarked within this time) after receiving the notification whether he/she will accept the prize. If notification is made by telephone and the Label is unable to reach the prize-winner it will attempt to leave a message insofar as this is technically possible. The prize-winner is required to inform the Label in the requested format within three (3) working days (valid once postmarked within this time) after receiving the notification whether he/she will accept the prize. If these deadlines are not met, the Participant is no longer entitled to the prize. The Label in such case shall be entitled at its sole discretion to either not give the prize to anyone or to determine a new prize-winner and to award the prize to another participant. Claims by the original prize-winner against the Label are invalid.
8. Prizes are limited to the published specifications. For non-cash prizes, the Label will also be responsible for the postage of prizes. Any other services, such as the equipment necessary to use the prizes awarded or, in the case of a specified travel prize, any equipment which the winner may need for the trip or any travel needed to reach the point of departure or any costs incurred during the travel which in the definition of the prize are not listed as being part of the prize, are not included unless otherwise expressly stated in the prize draw rules. Accordingly, the Participant expressly accepts that any costs, expenses or other services incurred by him/her with respect to the prize (particularly with respect to travel) that are not included as part of the prize shall be for his/her own account. The Label furthermore accepts no liability for damages caused by the Participant or due to use of the prize and is hereby indemnified against all such claims from third parties.
9. No equivalent value in cash will be paid out for non-cash prizes.
10. If the Participant is in breach of any special competition rules or these Terms and Conditions, the Label is entitled at any time to exclude the Participant from the competition without prior notice.
11. No legal recourse is permitted.
12. If any provision of these General Terms and Conditions shall be invalid, the remaining provisions shall remain unaffected. The law of the Federal Republic of Germany is applicable. Where the Participant is resident outside the Federal Republic of Germany, it is hereby agreed that the express place of jurisdiction shall be the registered office of the Label.