General conditions of participation for competitions/prize contests
These general conditions of participation apply to competitions and prize contests organized by Warner Music Group Germany Holding GmbH (hereinafter also referred to as "Warnerwe"), Alter Wandrahm 14, 20457 Hamburg, Germany. Any conditions that are specified in relation to the respective competition/prize contests - e.g. on the competition website - ("additional conditions“) shall take precedence over these general conditions.
1. PARTICIPATION and PRIZE
The type and manner of participation in the competition/prize contest, as well as the prize(s) shall be specified in the additional conditions for each competition/prize contest.
2. ENTITLEMENT TO PARTICIPATE and PRIZE DRAW
All persons of 18 years of age or over (as well as minors under the age of 18, provided that their legal guardian gives their written consent to participation) from Germany, Austria and Switzerland, with the exception of employees of the Warner Music Group and/or of cooperating partners and/or of companies, which were or are involved in the organization of the competition/prize contest, as well as their family members.
The winner will be notified by telephone or by e-mail at the end of the competition/prize contest. In the event that the winner cannot be contacted and fails to respond within 48 hours of the attempt to establish contact, the prize is forfeited and a new winner shall be determined. In the event of prizes involving tickets, the specified response period is 24 hours. Should it prove impossible to successfully notify the prize winner, Warner is under no obligation to investigate matters further.
3. RULES CONCERNING INDIVIDUAL PRIZE CATEGORIES
3.1 Material prizes:
The object presented as a material prize as part of the competition/prize contest is not necessarily identical to the object won. Indeed, there may be variations in terms of model, colour, etc. Warner may choose an object of typical nature and quality of equivalent value to the object presented as the material prize.
Material prizes will be sent out by Warner or a third party appointed by Warner by courier, parcel service or post to a postal address to be specified by the winner. Delivery is free within Germany, Austria and Switzerland. Any additional shipping costs and duties are the responsibility of the prize winner. The place of execution nevertheless remains at Warner head office despite this assumption of shipping costs.
3.2 Tickets:
Tickets will be sent out to the winners by post to the residential address specified or by e-Ticket to the e-mail address specified.
By using the ticket, the winner accepts the underlying ticket conditions of the respective ticket vendor/concert organizer. The ticket prize is fulfilled exclusively through direct contact between the winner and the respective ticket vendor/concert organizer.
In the event that concerts are cancelled or postponed, we reserve the right to substitute the prize with a prize of equivalent value.
Warner reserves the right to put the winner on the guest list for the concert instead of providing a ticket.
In the event that the prize includes the entitlement to be accompanied by a second person, in the case of winners who are minors, Warner reserves the right to require that the accompanying person for the winner either be an adult with rights of custody (in general a parent), or that the accompanying person be a person of the age of ma-jority entrusted with educational responsibility in the sense of the German law on the protection of young persons (Jugendschutzgesetz – JuSchG) stipulated for the event by the adults with rights of custody to the winner (in gen-eral the parents).
The winner has to bear all costs related to the ticket prize, which are not expressly covered as part of the prize, such as the cost of food and accommodation or any other travel expenses.
3.3 Concerts:
- Home concerts are held at an address specified by the winner (in Germany, Austria or Switzerland) for the winner and a maximum of 25 guests in total. The home concert is organized by the winner. All costs of the home concert, which are not expressly covered as part of the prize, must be borne by the winner for themselves and all other participating guests.
- Private concerts (e.g. DJ sets) are held at an address specified by Warner. The winner has to bear all costs related to participation in the private concert, which are not expressly covered as part of the prize, such as the cost of food and accommodation or any other travel expenses. In the event that the prize includes the entitlement to be accompanied to the private concert by a second person, in the case of win-ners who are minors, Warner reserves the right to require that the accompanying person for the winner either be an adult with rights of custody (in general a parent), or that the accompanying person be a per-son of the age of majority entrusted with educational responsibility in the sense of the German law on the protection of young persons (Jugendschutzgesetz – JuSchG) stipulated for the trip by the adults with rights of custody to the winner (in general the parents).
Concerts may be changed or postponed by Warner in particular due to unforeseen circumstances. If the winner is not available at the agreed time for the concert, there is no entitlement to any repeat.
In the event that any sound or video recordings are made of the concert, the winner cedes all rights to the record-ings to Warner as per Point 4.2.
3.4 Travel prizes:
The winner has to bear all costs related to the travel prize, which are not expressly covered as part of the prize, such as the cost of food and accommodation or any other travel expenses.
The ticket prize is fulfilled exclusively through direct contact between the prize sponsor or the travel agency ap-pointed by Warner or the prize sponsor. Upon confirming the trip, the winner shall be subject to the travel conditions of the travel agency.
Dates and times of travel shall be determined with Warner upon request and depending on availability. There is no entitlement to travel at a specific date or time.
The winner is personally responsible for all formal travel arrangements (e.g. valid passport, visa, etc.) of all persons travelling on the trip. In the event that the winner is unable to travel, for reasons for which Warner cannot be held responsible, entitlement to the prize shall be lost and the winner shall not be entitled to any compensation.
Flights shall be in "Economy Class" to the destination and back from the nearest trans-regional airport to the specified place of residence.
Rail travel shall be in "2nd Class" to the destination and back from the nearest railway station to the specified place of residence.
An overnight stay means accommodation in a double room for 2 persons travelling on the trip in a hotel (with at least 3*** rating) at the destination from 3:00 pm on the day of arrival until 11:00 am the following day.
The stated value of the trip is based on the most expensive period of travel and thus may be subject, depending on the time of availability for and of claiming entitlement to the trip, to seasonal variations and currency fluctuations. No compensation shall be provided for any such difference in value.
In the event that the prize includes the entitlement to be accompanied by a second person, in the case of winners who are minors, Warner reserves the right to require that the accompanying person for the winner either be an adult with rights of custody (in general a parent), or that the accompanying person be a person of the age of ma-jority entrusted with educational responsibility in the sense of the German law on the protection of young persons (Jugendschutzgesetz – JuSchG) stipulated for the trip by the adults with rights of custody to the winner (in general the parents).
3.5 Production of recordings with the winner
In the event that the prize involves the production of recordings with the winner (e.g. a duet with the artist, appearance of the winner in a music video, etc.), Point 4.2 ("Transfer of rights") shall apply accordingly. The winner is in particular obliged, at Warner's request, to conclude an additional, written agreement concerning the transfer of his/her rights.
4. SUBMISSION OF CONTRIBUTIONS
Should the competition/prize contest require contributions to be sent in, the following provisions shall apply:
4.1 Requirements relating to your contribution:
The contribution that you send in must be your own creation (as the author, photographer, etc.) or that of a person who has transferred their rights (photographer rights, film production rights, etc.) to the contribution to you.
The contribution must not contain any trademarks, any protected marks, or any works protected by copyright and ancillary copyright, industrial property rights and other rights protecting the intellectual property rights of third parties (natural persons and corporate entities) without the corresponding consent of the rights holders, or other-wise infringe upon any copyrights, ancillary copyrights, trademark rights, personality rights or other intellectual property rights of third parties (natural persons and corporate entities).
Warner reserves the right, during the course of the competition/prize contest, to exclude, at any time and at its sole discretion, contributions which may infringe upon the rights of third parties. All submissions shall become the sole property of Warner.
4.2 Transfer of rights:
The participant transfers to Warner the irrevocable, unlimited, worldwide, free-of-charge, non-exclusive and trans-ferable right to reproduce and distribute the contributions sent in, as well as to produce excerpts from them, adapt them (in particular with regard to the digitization or encryption of the contributions) or - also for other purposes - to use them, publish them, make them available to the public, broadcast them and otherwise use them in whole or in part, individually or in combination (e.g. with audio and/or audio-visual recordings and/or together with other im-ages), for all known media and all types of use, as well as with regard to ancillary rights of copyright also to use them in any unknown media and types of use for any commercial or non-commercial purpose, in particular to use them worldwide for the purposes of advertising, promotion, sales and merchandising, as well as to use the name, the visual representation and photo of each participant in this context free-of-charge and at Warner’s sole discretion. As far as copyrights are concerned, the industry-standard conditions are to be offered for currently unknown types of use, subject to observation of these conditions of participation on the part of the participant. The participant agrees not to receive any remuneration for the use of the contribution. Statutory rights of legal recourse remain unaffected thereby.
To the extent permitted by law, the participant shall, at no additional fee, transfer to Warner, as well as its ap-pointed advertising agencies, the right to use and publish his/her photo, name, image, voice, opinions and biographical information in all media, for the purposes of promotion of the competition/prize contest and Warner.
The winner and/or participant undertake, at Warner's request, to conclude an additional, written agreement concerning the said transfer of rights to contributions.
Only such contributions that are sent in in compliance with these conditions shall be taken into consideration for the competition/prize contest.
4.3 Guarantee:
By participating in the competition/prize contest, each participant guarantees that the contribution that he/she submits does not infringe upon any rights of third parties, and that the participant has obtained all permissions, licences and necessary rights to lawfully participate in the competition/prize contest. The participant acknowledges and accepts that Warner is under no obligation to use the contribution and that Warner may at its own discretion refrain from making use of the contribution. Warner shall assume no liability, to the extent that Warner refrains from making use of the rights granted. In this respect, the participant releases Warner from any claims, damages, compensation, costs and responsibilities (including legal costs) that may arise as a result of a breach of these conditions of participation.
5. OTHER PROVISIONS
Competitions/prize contests may be run by Warner in cooperation with various partners (cooperating partners), which make the prizes available where applicable (prize sponsor). Warner represents the cooperating partners for the duration of the competition/prize contest and promises the prizes funded by them on their behalf only. Warner shall not be subject to any obligation of execution, unless Warner is itself a prize sponsor in that specific case.
The personal data collected will be used by us for the purposes of the performance of the competition/prize con-test (Art. 6(1) (a) of the GDPR). Warner is in this respect entitled to transmit the winner's personal data to a cooperating partner so as to enable the performance, e.g. to dispatch the prize. In the event that any subscription to a newsletter or similar is taken out in connection with the participation in the competition/prize contest, the conditions stated in relation to newsletter registration, including our data protection regulations as stated at https://www.warnermusic.de/datenschutz shall apply.
We reserve the right to prematurely end or extend the period of the competition/prize contest at any time without prior notice and without having to cite our reasons for doing so. This applies in particular if the competition cannot be executed properly due to technical or legal reasons. Participants shall not be entitled to any recourse against Warner in such a case.
Liability: We shall be fully liable in the event of intent and gross negligence, as well as in the event of damages resulting from injury to life, limb or health.
- In cases of slight negligence, we shall only be liable for breaches of an essential contractual obligation (cardinal duty). A cardinal duty in this sense is a duty, only the fulfilment of which makes it possible to attain the goal of the contract and upon the fulfilment of which the other party to the contract thus relies.
- In a case as per lit. a), we shall not be liable for any lack of commercial success, lost profits or indirect damages.
- Liability as per lit. a) and b) above, is limited to typical, foreseeable damages.
- The limitation of liability also applies with the necessary amendments for our employees, contractors and vicarious agents.
Any potential liability on our part for guarantees and claims arising from the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG) remains unaffected thereby.
Claims to prizes are non-transferable. Payments in cash are not possible.
It is also possible to take part in the competition/prize contest by sending a letter or postcard to Warner Music Group Germany Holding GmbH, Alter Wandrahm 14, 20457 Hamburg, Germany, clearly stating the name of the competition/prize contest concerned.
We reserve the right to exclude participants from the competition/prize contest for good cause, as well as to claim back prizes, in particular if there is any reasonable suspicion or evidence of the provision of false data, manipulation, breach of these conditions of participation or any other unauthorized acts.
Legal recourse is excluded.
In the event of any questions, please contact:
anfrage [at] warnermusic [dot] com stating the name of the competition/prize contest in the subject line.