Conditions of participation and implementation for product reviews and the associated prize draw

 

Organiser
the prize draw will be organised / carried out by:
Music Store professional GmbH
Istanbulstr. 22-26
Cologne
Germany

 

Eligibility

In order to be eligible for participation, customers must have a customer account with Music Store professional GmbH (www.musicstore.de) and be at least 18 years of age. Minors that have not reached the end of their 18th year are excluded from participation. Winnings will not be distributed to minors who are excluded from participation. 

Employees of the organiser or of the organiser’s parent companies, subsidiaries and agencies, licensees and their agencies, and other persons directly involved in the organisation and implementation of this prize draw, as well as the family members and household members of all above listed persons are excluded from participation.

By participating in the prize draw, the participant agrees with these Conditions of Participation. The decisions of the organiser in all matters pertaining to this prize draw are final and binding. 

Participation

The following requirements must be met in order to participate in the prize draw:
Submit a product review, which must be in accordance with the organizer’s guidelines for product reviews, on musicstore.de.

Your review ill be checked on submission by the organizer to determine whether or not it complies with the guidelines. If it does, it is released by the organizer for publication. Only once it has been published can you participate in the competition. The more reviews you submit, the greater our chance of winning will be.

Participation shall be electronically logged by the organiser.

In the case of a dispute concerning participation, the legitimate owner of the email address that was used to register shall be regarded as the participant. The “legitimate owner” is the natural person to whom an email address is assigned by an internet service provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address. The potential winners may be requested to provide the organiser with verification that they are the legitimate owner, or otherwise lose their claim on the prize.

Participants are personally responsible for the accuracy of their data, in particular their email and postal addresses. Participation with invalid/incomplete data, for example non-functioning or inactive email addresses shall lead to disqualification.

There is no right to registration for the competition or participation in the prize draw.

If applicable, the participant may be charged internet access and user costs by the internet service provider when registering and participating in the prize draw.

 

Execution and settlement

Within 10 days of the end of the prize draw, the winner shall be selected out of all eligible participants from the period stated in the Participation section. In order to take part in the draw, registration must have been completed within the stated period.

The organiser shall notify the winner in writing by email or by post. The winner must reply to the notification within the stated period, otherwise their claim on the winnings shall expire. In this case, the organiser reserves the right to select a new winner by drawing lots.

The prizes presented as part of the prize draw may differ with regard to colour, model, technical equipment or the like, but will be of comparable value and involve equivalent equipment. The prizes may not be exchanged, are not transferable, cannot be paid in cash and no other prize can be chosen as a replacement. Material prizes shall be sent free of charge by the organiser or a third party commissioned by the organiser via forwarding agency, parcel service or post to the postal address provided by the winner. Additional costs such as customs charges or similar must be paid by the winner. Should delivery be made via forwarding agency, the forwarding agency shall contact the winner in order to organise a delivery date.

 

If:

(a) it is not possible to deliver a prize or notification of the win or

(b) the winner refuses the prize,

this winner shall be disqualified. In this case, the organiser reserves the right to select a new winner by drawing lots.

 

The chance of winning a prize depends on the number of draw participants.

 

Description of prizes

One (1) arbitrarily drawn winner will win one (1) voucher valued at €1,000 or €100 or a bag from Music Store professional GmbH.

 

General conditions

The organiser reserves the right to end the prize draw at their own discretion at any time without advance notice. This option is of particular use to the organiser in cases where the normal execution of the prize draw cannot be guaranteed due to technical or legal reasons. In this case, the organiser reserves the right to draw the winner of the prize from amongst the eligible participants who had participated prior to the time of termination.

The organiser also reserves the right, at their own discretion, to exclude persons from participation:

(a) for manipulation associated with access to or execution of the prize draw;

(b) for violations of these Conditions of Participation;

(c) for unfair conduct;

(d) for incorrect or misleading statements associated with participation in this prize draw.

 

Should a person attempt to compromise the legitimate operation of the prize draw, e.g. using technical aids, this may present a violation of criminal or civil law. Should a person attempt such a thing, the organiser reserves the right to seek damages through legal means and withdraw or demand the return of prizes. The failure to enforce any provision in these official Conditions of Participation shall not constitute the organiser’s waiver of that provision.

 

Data protection

The participant agrees that the organiser shall store all data required for the execution of the prize draw for the duration of the prize draw. In the case of a win, the organiser reserves the right to publish the given names and surnames (shortened to initials) of the winner along with their place of residence on the www.musicstore.de website, in the newsletter and/or on social media channels (Facebook, Twitter, Google+). The participant may object to their data being published after being notified of the win at any time by email to datenschutz@musicstore.de, or by post to the organiser’s address provided in this section. 

The organiser has assigned services necessary for the execution and settlement of the prize draw in part to third parties (cooperation partners). Participants’ data shall be stored by the cooperation partner/s for the purposes of executing and settling the prize draw for the duration of the prize draw. All data shall be deleted after the end and settlement of the prize draw.

By participating in this prize draw, the participant agrees to the use of their data by third parties for the stated purposes and, in particular, transmission of their data to third parties by the organiser.

The participants may revoke their permission for their data to be used at any time. By revoking this permission, the participant withdraws their participation in the prize draw. Furthermore, through the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG), the participant has the guaranteed rights to information and – provided that the legal requirements for such action have been met (cf. § 35 BDSG) – correction, blocking or deletion of collected data.

The stated rights can be exercised by sending a notification via post to:

 

Music Store professional GmbH
c/o Data Privacy Officer
Istanbulstr. 22-26
51103 Köln
Germany

 

The organiser undertakes to protect the privacy of the participants and ensures that the data shall be used pursuant to the German Federal Data Protection Act, the German Telemedia Act, European Data Protection Directive 95/46/EC and EU directive 02/58/EC. In this context, particular reference is made to the organiser’s general data protection provisions.

 

Liability

With the fulfilment or handover of the prize to the participant, the organiser shall be released from all obligations, insofar as the organiser, depending on the nature of the prize draw, has any legal obligation towards the participant.

Warranty claims on winnings that are provided by cooperation partners for the prize draw shall be asserted exclusively against the cooperation partners.

According to legal provisions, the organiser shall assume liability in the case of fraudulent intent, wilful intent or gross negligence. Damages caused by the organiser as a result of ordinary negligence shall only be compensated if there is breach of a material obligation, the breach of which jeopardises the achievement of the purpose of the contract and/or the fulfilment of which is necessary for the execution and settlement of the prize draw and on the fulfilment of which the participants may regularly depend (cardinal obligation).

The organiser assumes no liability for the insolvency of a cooperation partner or the consequences this may have on the execution and settlement of the prize draw. The decisions of the organiser in all matters pertaining to the relevant prize draw are final and binding. The organiser reserves the right to correct printing errors or mechanical errors.

The organiser accepts no responsibility for lost, damaged, illegible, incomplete or late registrations, regardless of whether this is due to delay in delivery or incompleteness due to system errors. Furthermore, the organiser accepts no responsibility for registration that is not received or not fully received due to circumstances of force majeure, such as traffic congestion, unauthorised intervention by third parties, malfunctions of computer and telecommunications systems or inaccurate or failed recording of incoming data transfers. Proof of transfer is not deemed to be proof of receipt by the organiser. The winner is personally responsible for all applicable taxes, duties and fees not specified in these Conditions of Participation.

 

Other

All decisions are final. The laws of the Federal Republic of Germany are exclusively applicable to the exclusion of referral provisions under German international private law. Should the participant also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence. Should individual provisions of these Conditions of Participation be or become invalid, the validity of the remaining provisions shall remain unaffected by this.