TERMS AND CONDITIONS FOR
TOPSIFY CHRISTMAS PROMOTION 2019 (“PROMOTION”)
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW OR REGULATIONS.
This Promotion is being run by WEA International Inc. ("we", "us", "our") of 1633 Broadway, New York, NY 10019, USA. 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.
1.1. You must be a legal resident in the USA (ex. Puerto Rico), United Kingdom, Canada, Ireland, Italy, Germany, Switzerland, Austria, Norway, Finland, Denmark, Hungary, Bulgaria, Romania or Lebanon and at least eighteen (18) years old 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 17:00:00 Eastern Standard Time on 12th November 2019 until 23:59:59 Eastern Standard Time on 13th December 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 one of the relevant music streaming services, an account with such service via either a free or premium subscription. The cost of a premium subscription account can be found on the relevant service’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 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.
2. HOW TO ENTER
2.1. The Promotion will be promoted on the following URL address: https://fpt.fm/app/22558/christmas2019 (the “Website”) and on our, related third party and artist social media accounts and/or mailing lists including Facebook, Twitter and Instagram. To enter the Promotion, participants must login to their account with their preferred music streaming service from those listed on the Website with their login and follow the “100 Greatest Christmas Songs Ever” playlist and the selected Christmas playlist for the user’s territory via the Website. An alternative entry method is also available whereby participants can enter by completing the official entry form via the Website. For entrants resident in the USA (ex. Puerto Rico): Entrants will be automatically subscribed to the mailing list when completing the official entry form via the Website. For entrants not resident in the USA (ex. Puerto Rico): Entrants will have the option to subscribe to the mailing list when completing the official entry form via the Website.
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.
3.1. The prizes will be awarded as follows:
3.1.1. Grand Prize: One winner will receive an Apple prize bundle comprising one (1) iPhone Pro Max 11, one (1) Apple Watch and one (1) set of Apple Airpods (Total RRP: $1,648);
3.1.2. First Runner-Up: One runner-up will receive one (1) Apple Watch (RRP: $399); and
3.1.3. Second Runner-Up: A second runner-up will receive one (1) set of Apple Airpods (RRP: $150).
We will pay the cost of posting the prize to the winners, if applicable (excluding customs duties and/or sales tax). If the actual prize value is less than the estimated value stated above, the winners will not receive any remuneration to cover the difference.
3.2. The winners are each solely responsible for paying all associated costs that are not specifically stated in these Ts&Cs. The winners will also each be responsible for all applicable personal documentation (such as valid ID card and/or passport, if applicable) taxes and customs duties, if any, relating to and/or payable in respect of the prize(s).
3.3. For entrants not resident in Germany, Switzerland or Austria: 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.
For entrants resident in Germany, Switzerland or Austria: The prize(s) is/are non-transferable and no cash alternatives will be available for any prize. However, we reserve the right to substitute a prize (or prizes) of equal or greater value at any time if it becomes unavailable (in whole or in part for unexpected reasons).
4. WINNER SELECTION AND NOTIFICATION
4.1. The winning participants will be selected on or about 16th December 2019 and the prize winners will be the first names drawn at random from all valid entries received. The odds of winning depend upon the total number of eligible entries received for the random prize draw.
For entrants resident in Canada: Residents of Canada must also correctly answer, unaided, a time-limited mathematical skill-testing question before being declared the winner.
4.2. We will attempt to notify the winners by no later than 17th December 2019 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. We will not notify unsuccessful entrants.
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 for justifiable reasons.
4.4. The winners’ names may be obtained by sending a stamped self-addressed envelope marked “Topsify Christmas Promotion” to WEA International Inc., Topsify Marketing Department, 1633 Broadway, New York, NY 10019, USA.
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 emails, 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.
6. DATA PROTECTION
7.1. 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.
For entrants resident in Germany, Switzerland or Austria: In the case of cancelation of the Promotion, we will, at our discretion, select the winner(s) from eligible entries received prior to the event that required such cancelation.
7.2. 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.
7.3. 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.
For entrants resident in Germany, Switzerland or Austria: We shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
(a) In an event of slight negligence, we shall be liable only for breaches of a material contractual obligation (cardinal duty). A „cardinal duty“ in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and on the fulfilment of which the contractual partner may therefore generally rely.
(b) In a case according to Clause (a), we shall not be liable for any lack of commercial success, lost profits and indirect damages.
(c) Liability in accordance with the above Clauses (a) and (b) shall be limited to the typical, foreseeable damages.
(d) The limitation of liability shall apply mutatis mutandis to the benefit of our employees, agents and vicarious agents.
Any potential liability on our part for any warranties and for claims based on the German Product Liability Act shall not be affected.
For entrants resident in USA (excluding Puerto Rico): UNLESS OTHERWISE PROHIBITED BY LAW, BY ENTERING, ENTRANT AGREES TO (I) RELEASE AND HOLD PROMOTER AND ITS RESPECTIVE AFFILIATES (COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) (“LOSSES”) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
7.5. In the event that any event or action outside our control prevents or significantly hinders our 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.
7.6. If for any reason this Promotion is not capable of running as planned due to causes beyond our control which affect the proper conduct of this Promotion, we reserve 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.
7.7. Each prize winner is responsible for obtaining their own independent legal advice.
7.8. We accept no responsibility for any issues or loss that may be caused by your accessing / using the Website for the purposes of this.
7.9. 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.
7.10. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook/Twitter/Instagram. Entrants hereby release each of Facebook, Instagram and Twitter from all responsibility and liability in respect of the Promotion. By entering this Promotion, entrant acknowledges that Facebook/Instagram/Twitter are websites/platforms over which Promoter has no control and Promoter is not responsible for (a) any issues or loss that may be caused by accessing or using entrant’s Facebook/ Instagram/Twitter accounts for the purpose of this Promotion, or (b) entrant’s inability to access, use, or successfully use his or her Facebook/Twitter/Instagram accounts for this Promotion.
8. GOVERNING LAW
For entrants not resident in USA (excluding Puerto Rico), Lebanon or Italy: 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.
FOR ENTRANTS RESIDENT IN USA (EXCLUDING PUERTO RICO), LEBANON OR ITALY: THE PROMOTION AND THESE TS&CS ARE GOVERNED BY THE LAWS OF, AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF, THE RELEVANT COURTS OF NEW YORK. ENTRANTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HIS/HER ENTRIES OR OTHERWISE RELATED TO THE PROMOTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
For entrants resident in Quebec, Canada: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
Pour résidents du Québec, Canada: Un différend quant à l’organisation ou à la conduite d’un concours publicitaire peut être soumis à la Régie des alcools, des courses et des jeux afin qu’il soit tranché. Un différend quant à l’attribution d’un prix peut être soumis à la Régie uniquement aux fins d’une intervention pour tenter de la régler.