Terms and Conditions for

Topsify Promotion (“Promotion”)

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

This Promotion is being run by WEA Corporation, 1633 Broadway, New York, NY 10019 ("we", "us", "our"). We are the "Promoter" of the Promotion. By providing your details to us you confirm that you would like to enter the Promotion and you agree to be bound by these terms and conditions ("Ts&Cs"). In the event of any conflict between any terms referred to in any promotion materials and these Ts&Cs, these Ts&Cs take precedence. In the event of publication of any terms for this Promotion in any language other than English (translations etc.), these Ts&Cs take precedence as well.

 

NIKA D.O.O. (company number 5334853) of Knezova 11, 1000 Ljubljana, Slovenia, is our partner for the local execution of this Promotion, as indicated hereinafter (“Local Partner”).

 

 

  1. 1.                Eligibility

 

1.1.   You must be a legal resident in Andorra, Austria, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom and at least the age of majority in your jurisdiction of residence to enter this Promotion or, if you are under the age of majority in your jurisdiction of residence, you must have the consent of your parent(s) or legal guardian(s) to take part in this Promotion. Our employees, directors, management, licensees, contractors, affiliates, agencies associated with us, the immediate families or persons domiciled with (whether related or not) of the above listed persons, and our retailers and suppliers are not permitted to enter the Promotion.

 

1.2.         This Promotion is open from 09:00:00 GMT on 06 SEPTEMBER 2019 until 16:59:59 GMT on 22 SEPTEMBER 2019. Promoter's computer shall function as the official clock for the Promotion. We accept no responsibility for entries lost, damaged or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity and/or filtering of content by any social media platform (as applicable). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Promotion will not be accepted and are void. To enter the Promotion you must have an unlimited or free access to the Internet and, if entering the Promotion via Spotify or Apple Music or Deezer or YouTube (the list of available Digital Service Providers is featured on the Promotion’s Landing Page), a Spotify or Apple Music or Deezer or YouTube account via either a free or premium subscription. The cost of a premium subscription account can be found on Spotify’s or Apple’s or Deezer’s website. No purchase or payment of any kind is necessary to enter or win this Promotion. A purchase will not increase your chances of winning.

 

1.3.         We reserve the right in our absolute discretion to disqualify from this Promotion any entrant who we believe has not complied with these Ts&Cs and to award the prize to another entrant and to require the return of any prize already awarded.

 

  1. 2.                How to Enter

 

2.1.   The Promotion will be promoted on the following URL addresses:

(the "Website") and on our, related third party and artist social media accounts and/or mailing lists. To enter the Promotion, participants with Spotify or Deezer subscription will automatically follow Topsify’s official playlist and Topsify’s official profile on Spotify or on Deezer via the respective Website. For participants who have Apple Music subscriptions, YouTube subscriptions or subscriptions to any other music streaming service indicated on the Website, such participants must submit their email address and other requested information via the Website and then will also automatically follow Topsify’s official playlist and Topsify’s official profile on Apple Music, YouTube or on any other music service. For participants who choose to enter without using any music streaming service (if such option is made available on the Website), such participants must submit their email address and other requested information via the Website. Additionally, to enter the Promotion, all participants must answer the question when prompted. All participants are also required to tick a checkbox confirming acceptance of these Ts&Cs and use of the participant’s data in accordance with our Privacy Policy. We only allow one entry per person and per email address. Joint/group/team entries are prohibited. Please see the Website for further details.

 

2.2.         Promoter reserves the right in its sole discretion to disqualify all entries should it determine for justifiable reasons that a person has engaged in repeated, egregious or blatant violations of the entry limit. Promoter may acknowledge receipt of entries; but, in such case, acknowledgment does not constitute any representation as to eligibility for the Promotion.

 

2.3.         All entries shall be and shall remain the property of the Promoter and may be used in future commercial and marketing exercises.

 

  1. 3.     Prize

 

3.1.         The prizes will be awarded by Local Partner as below. Participants will be requested to indicate their preferences as to the choice of the prizes. We and local Partner will use best endeavours to allocate the prizes in line with the Participant’s preferences but cannot guarantee it. We decline all responsibility in the case the organizer of CEV Eurovolley 2019 changes the calendar of games.   

 

3.1.1.Tickets for the CEV Eurovolley 2019 games as listed below. Tickets will be delivered in electronic form via email without delay after the winner has been notified and has agreed to receive the prize (RRP per ticket: $20).

 

 

 

 

 

 

 

 

3.1.2.Ten Volley balls (10) as listed below. The balls will be delivered via courier not later than 30 October 2019 to the address indicated by the winner after he has been notified and has agreed to receive the prize (RRP per ball: $15).

 

 

3.2.         Local Partner will pay the cost of posting the prize(s) to the winning participants. If the actual total prize value is less than the estimated total value stated above, the winners will not receive any remuneration to cover the difference.

 

3.3.         The winner(s) is solely responsible for paying all associated costs that are not specifically stated in these Ts&Cs. The winner(s) will also be responsible for all applicable personal documentation (such as valid ID card and/or passport) and taxes, if any, relating to and/or payable in respect of the prize(s). In particular, we or Local Partner do not cover costs of travel nor accommodation.

 

3.4.         The prize(s) is/are non-transferable and no cash alternatives will be available. However, we reserve the right to substitute a prize (or prizes) of equal or greater value at any time if we withdraw the prize(s) (in whole or in part) for any reason or it becomes unavailable (in whole or in part). The prize(s) is/are subject to availability and other restrictions.

 

  1. 4.     Winner Selection and Notification

 

4.1.         The winning participants will be selected on the dates stated in the paragraph 3.1. by our judging panel consisting of representatives of Promoter and Local Partner from all valid entries received. Each entrant’s answer will be individually judged based on the following criteria: brilliance, originality and humour (50%) and shortness (50%). The entrant of the competition which excels most in these combined criteria will be selected the winner. The odds of winning depend upon the results of judging based on the brilliance, originality, humour and shortness of the entrant’s submission. The decision of the judging panel is final.

 

4.2.         Local Partner will attempt to notify the winner by no later than dates stated in the paragraph 3.1. using the contact details submitted on entry. If you are chosen as a winner and your contact details have changed since your entry, we reserve the right to disqualify your entry and select an alternative winner.

 

4.3.         If any of the following circumstances apply, a winner will be deemed to have forfeited the prize (but this shall not represent the sole remedy available to us) and an alternative winner may be selected from the remaining eligible entrants using the process set out above:

 

4.3.1.        If the winner has not claimed their prize by the date specified in the winner notification, we reserve the right to conduct a further draw in accordance with clause 4.1 above to award the prize to another entrant;

 

4.3.2.        The prize (or any correspondence relating thereto, e.g. a notification from us confirming a winning entry) is returned as non-deliverable;

 

4.3.3.        The relevant winner does not provide requested evidence of identity, age, residency, or being the authorised holder of the email account from which the entry was submitted to our satisfaction within 48 hours of such request being made; or

 

4.3.4.        We determine non-compliance with any of these Ts&Cs.

 

4.4.         The name of the winners can be published on the Website or via communication channels used to communicate the Promotion to the users (i.e. social media) upon our decision however email notifications are the main communication channels. We will not notify unsuccessful entrants.

 

  1. 5.            Content Submitted by Entrants and Intellectual Property

 

5.1.   Entrants agree that by entering the Promotion, entrants agree to hereby unconditionally and irrevocably license to us all relevant rights (including reproduction, representation and adaptation rights) in or arising out of their submission to the Promotion, worldwide, for the full legal duration of such rights for our commercial, promotional and advertising purposes, in any kind of materials (printed materials, posters, press, online materials as for instance all our related websites, webpages, banners, TV and radio commercials, etc.).

 

5.2.  All rights granted by entrants are free from all encumbrances, charges and liens and we (and our licensees and assignees) shall have the exclusive right to edit, overdub and exploit your entry and all version edits and derivatives thereof throughout the world (or not, as we see fit) and to authorise others to do so without further reference or payment to you or reference or payment to any persons featured in your entry or who helped make your entry. Statutory rights remain unaffected.

 

5.3.         Entrants also represent and warrant that:

 

5.3.1.    Their entry is entirely their own work and is not copied or plagiarised from any third party work;

 

5.3.2.    Their entry does not contain any virus or other harmful software, any harmful, offensive or inappropriate content;

 

5.3.3.     The entry does not disparage or reflect adversely upon the Promoter or its goods/services;

 

5.3.4.     They have all rights necessary to grant the rights provided for in this paragraph 5, and that all materials forming part of their entry to the Promotion, and any use of such materials by or on behalf of us, comply with all applicable laws, rules, and regulations and do not infringe or otherwise violate the intellectual property or other rights of any third party; and

 

5.3.5.    They have obtained all rights, licences, and permissions necessary, in writing, from any person who may be featured in their entry and that their entry to the Promotion fully complies with these Ts&Cs.

 

5.4.          Upon our request and without compensation, entrants undertake to execute all such documents as are reasonably required by us to perfect the licence (or assignment) of all rights, title and interests referred to in these Ts&Cs to us. If you are selected as a winner, we may send you consent forms (the “Consent Forms”) which you must ensure are signed by all of the people featured in your entry. If we do not receive the signed Consent Forms by such date as we may reasonably notify to you, we have the right to pick an alternative winner and not to use your entry.

 

5.5.         Entrants shall reimburse us for all damages arising from or in relation to a breach of paragraph 5 to the extent such damages are caused by the entrant.

 

  1. 6.            Publicity

 

The winner may be required to take part in our promotional publicity and sign a release form in respect of such publicity.  By entering into this Promotion, you agree to provide and that we (or any third party we may choose) may use your entry, details of your name, likeness, voice, performance (if applicable) and county/country of residence and/or other indicia of your persona in any kind of medias (including without limitation Internet especially on all promoters’ related websites, TV, radio, press, display, theatre, etc.) and in any kind of materials (including without limitation printed materials, posters, press advertisements, online materials as for instance web-banners and emailings, audio-visual commercials, etc.), worldwide for advertising and promotional purposes in connection with the Promotion without additional authorisation, notice or compensation unless prohibited by law.

 

  1. 7.            Data Protection

 

7.1.         By submitting an entry, entrants agree that we, our affiliates, service providers and/or agents may process the personal information submitted by you as part of the entry process (including contact details) for the purposes of operating the Promotion, administering prizes and otherwise in accordance with our Privacy Policy, available at www.wminewmedia.com/privacy. Delivering personal data is voluntary but it is essential in order to take part in the Promotion. Participants have the right to access the data delivered at any time as well as the right to demand their rectification, erasure or restriction and all other rights according to the GDPR and other applicable local data protection laws, for example by emailing us at privacypolicy@wmg.com.

 

  1. 8.            General

 

8.1.         Subject to, where applicable, the approval of those authorities that have issued permits for the conduct of this Promotion, We may in our absolute discretion modify, amend, cancel or suspend these Ts&Cs, the Promotion and/or the prize(s) at any time if we deem it necessary, due to technical reasons or to ensure compliance with applicable laws, regulations and guidance, or if circumstances arise beyond our control. No liability shall attach to us as a result thereof.

 

8.2.         Subject to applicable laws, we reserve the right to disqualify an entrant and/or winner in our absolute discretion. In addition, acts of tampering with the Promotion (including the URL) will result in disqualification; but, disqualification shall not represent the sole remedy available to Promoter.

 

8.3.         Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these Ts&Cs apply to this Promotion.  We shall have no liability for any injuries, loss or damage of any kind arising from or in connection with participation in this Promotion (including any damage to the entrant's or any other person's computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Promotion) or acceptance, use, misuse or non-use of any prize(s) (including activity or travel related thereto) except for liability for death, personal injury, fraud and damage or loss caused by negligence, which is not excluded.

 

8.4.         Release. 

 

8.5.         In the event that any event or action outside Warner’s control prevents or significantly hinders Warner’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions (including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war and act of terrorism), Warner may for justifiable reasons cancel the Promotion and recommence it from the start at another time on the same conditions. If the Promotion is regulated by any applicable government body, the cancellation or recommencement of the Promotion will be subject to any requirements imposed by such body.

 

8.6.         If for any reason this Promotion is not capable of running as planned due to causes beyond the control of Warner which affect the proper conduct of this Promotion, Warner reserves the right for justifiable reasons to disqualify any individual who tampers with the entry process and/or take any other action against that individual that may be available, and to cancel, terminate, modify or suspend the Promotion subject to the requirements of any relevant government body that regulates the running of the Promotion.

 

8.7.         Each prize winner is responsible for obtaining their own independent legal advice.

 

8.8.         We accept no responsibility for any issues or loss that may be caused by your accessing / using the Website for the purposes of this.

 

8.9.         Our decisions on any issue arising out of or in relation to this Promotion and these Ts&Cs are final and binding and no correspondence will be entered into. Failure of the Promoter to enforce a certain provision of these T&Cs in a given circumstance shall not constitute the waiver of such provision.

 

8.10.      This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook/Twitter/Spotify/Deezer/Apple/Instagram/YouTube. Entrants hereby release each of Facebook, Twitter, Spotify, Deezer, Apple, Instagram and YouTube from all responsibility and liability in respect of the Promotion.

 

  1. 9.            Governing Law

 

The Promotion and these Ts&Cs are governed by the laws of, and subject to the exclusive jurisdiction of, the relevant courts of the country in which the entrant is resident.