General Terms and Conditions of Participation for “Joe Satriani Ibanez JS240” Promotion prize draw
These general terms and conditions of participation apply to the prize draw named “Joe Satriani Ibanez JS240PS”organized by us, Edel Music & Entertainment GmbH, Neumühlen 17, 22763 Hamburg, Germany (hereinafter referred to as "we" “Organizer” or "us").
1. Participation
To participate, persons must comment on the prize draw post on Instagram with their favourite track from Joe Satriani's set on the new "G3: Reunion Live" album.
All persons over the age of 18 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 winner of this prize who commented his/her/their favourite song of Joe Satriani's set on the new “G3: Reunion Live” album will receive an Ibanez JS240 guitar, signed by Joe Satriani and a copy of the new album “G3: Reunion Live”, also signed by Joe Satriani.
The winner will be determined after the closing date by means of a random draw from among all valid entries: each participant is assigned a number. All the numbers will be printed on paper slips. An employee of earMUSIC, blindfolded, draws one paper slip with a number on it. The person with the assigned number wins the prize. If a participant comments multiple times on the post, only one entry will be counted. The supplementary terms and conditions may specify different modalities for determining the winner, especially in the case of prize competitions (e.g. jury decision). Only one winner will emerge from this competition/contest.
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 winner 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.
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, photos, use of name & likeness
Our competitions/contest 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.
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/contest and us.
The participant acknowledges that competitions/contests 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/they 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.earmusic.com/privacy-protection-statement/ 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.
If any provision of these terms and conditions is or becomes invalid, the validity of the remaining provisions shall remain unaffected.
The Organizer reserves the right to change the terms and conditions at any time or to terminate the promotion prematurely.