Terms & Conditions – It’s Your Time To (Re)Mix Contest

1§ Conditions of participation

Disclaimer: The participation in this online contest and the relative possibility of winning are in no way connected or dependent on the normal orders placed at Thomann GmbH! This contest is in no way related to Instagram or Facebook, and is not sponsored, endorsed or organized by them.

Participation in this online competition on the Thomann blog, Facebook or Instagram pages as well as via other Thomann media channels and the related processes are subject to the terms set out in the following conditions:

The organizer is:

Thomann GmbH
Hans-Thomann-Str. 1
96138 Burgebrach
VAT number: DE257375233
Tax number (DE): 207/132/90050
Registered in the court of: Amtsgericht Bamberg
Registration number: HRB 5862
Place of registration: Burgebrach

2§ Participation

(1) Only adults of age are admitted to the competition. The contest will last from 30.11.2021 to 19.12.2021 (included) on YouTube, Instagram and Facebook

(2) To participate in the competition, the participant must upload to his / her Instagram, YouTube or Facebook account a video in which he is immortalized playing and / or singing a reinterpretation of a chosen musical genre of a Christmas song provided by us. In the video, the participant must be clearly visible and the video must contain the following hashtags: #ItsYourTimeToRemix and #Thomann in the description of the video posted on Facebook, YouTube and Instagram.

3§ Execution

After the closing of the competition, a selected jury will nominate the winner (s). The winner will be announced with a comment in the contest post. The winner will be notified via private message on Facebook, YouTube or Instagram directly by the Thomann staff. The winner’s name, surname and city of residence may be published on Thomann GmbH’s Facebook, YouTube and Instagram channels.

Important: the winner must confirm acceptance of the prize and provide the information required to receive the prize no later than 72 hours. A redraw will be carried out if it is not possible, for reasons attributable to the winner, to obtain the requested information within the set time. Important: check that you have enabled the private messaging functions on Facebook, Instagram and Youtube!

Duration of the competition and participation requirements
The competition and its related promotion will start on 30/11/2021 at 10:00 (CET) and will end on 19/12/2021 23:59 (CET). To participate in the competition, the following requirements must be met:

Own a Thomann account
Own a smartphone or device to record a video
Ability to re-arrange a Christmas song among those proposed in the style of one of the proposed genres.
Sharing a video of the tool made on Facebook, Instagram or YouTube through your private profile and / or channel to be made and uploaded during the aforementioned period.
The video must be publicly visible
The video must have good audio / video quality
To allow us to find the video, it must be accompanied by the hashtag #ItsYourTimeToRemix. On YouTube, the hashtag must also be placed in the title
Our profile (Facebook or Instagram) must be linked
Instagram:

@ thomann.music

One of seven Facebook profiles

@MusikhausThomann
@TthomannItalia
@ThomannInternational
@ThomannSpain
@ThomannFrance
@ThomannSuomi
@ThomannNederland

During the contest period, we will search for videos of entrants who meet the above requirements via our social media pages using the hashtag and save them on our internal systems if they meet the above requirements, thus being suitable for the final evaluation (see section Implementation).

In the event of a dispute relating to participation, the legitimate owner of the social media profile used to publish the relevant video is considered to be a participant. The “rightful owner” is the natural person who, according to the terms of use of the respective social media provider, is to be regarded as the legitimate owner of the profile, in particular whose profile has been verified at an e-mail address owned by him. Potential winners may be asked to provide us with proof that they are the rightful owners, losing the right to the prize in the event that they cannot do so.

The participant is responsible for the correctness of their data, in particular their e-mail and / or postal address. Participants with invalid / incomplete data, e.g. non-functioning or inactive email addresses or fake profiles on the respective social media portals will be disqualified.

For the registration and implementation of the campaign, the costs for Internet access and usage fees may be borne by the participant’s Internet service provider. Each participant bears the costs of making the video, in particular the working time and expenses for any additional material requested.

4§ Implementation

On December 21, 2021, three (3) winners will be awarded by the jury from among all eligible participants from the “Competition Duration and Entry Requirements” section. In order to be considered for the jury vote, the video must have been published within the specified period. The selection by decision of the jury will therefore be made in particular on the basis of the following criteria:

“Fun” factor
Musical performance
Originality
Overall visual impression
The jury is made up of five (5) competent Thomann employees from the corresponding Thomann music departments.

Winners will be notified by us via messaging on the social media channel used for posting by the entrant. The winner must respond to the notification within the specified period and provide us with their name, email address and postal address so that we can identify them as a Thomann customer and credit the voucher award to their customer account; otherwise, the right to the prize lapses. In this case we reserve the right to determine a new winner through a further decision of the jury or to appoint as winners the subsequent participants from the first decision of the jury.

Prizes are non-exchangeable, non-transferable, cash payment is not possible and no other replacement prizes can be selected.

The winner will be disqualified if:

(a) it is not possible to send a notification of a win,

(b) the winner refuses the prize, or

(c) the voucher cannot be credited to the winner’s customer account and this is done for reasons for which we are not responsible,

In the above three cases we reserve the right to determine a new winner through a further decision of the jury or to appoint as winners the subsequent participants from the first decision of the jury.

Description of the award:
Three (3) vouchers will be awarded as prizes to three (3) winners with a value of € 1,000, € 500 or € 250 from Thomann GmbH. The 1st place receives the voucher with the highest value, the 3rd place the voucher with the lowest value. The prize is awarded by crediting the value of the voucher to the participant’s Thomann customer account.

5§ Terms and conditions

We reserve the right, at our discretion, to end the promotion at any time without notice. We have this option in particular if, for technical or legal reasons, the correct implementation of the campaign cannot be guaranteed. In this case, we reserve the right to award the prizes among the eligible participants identified up to the moment of cancellation by decision of the jury.

We also reserve the right to exclude individuals from participation at our discretion:

a) in the event of manipulation in relation to access or implementation of the action,

b) in case of violation of these conditions of participation,

c) in case of misconduct or

d) in case of false or misleading information in relation to participation in this promotion.

An attempt by a person to prevent lawful conduct, e.g. Interfering with technical aids may constitute a violation of civil or criminal law. If such an attempt is made by a person, we reserve the right to take legal action to claim damages, as well as to withdraw and claim winnings. Failure to apply a provision contained in these official conditions of participation does not constitute a waiver on our part to comply with this provision.

6§ Privacy

If the participant takes part in the campaign or their post is taken into account for the jury’s decision, their profile name on the relevant social media profile and, if successful, their email address, name and address will be developed by us to carry out the campaign. The legal basis of the processing is the fulfillment of the contract or the initiation of a contractual relationship with the participant which is established in the event of a win, art. 6 Paragraph 1 Letter b GDPR.

We have partially transferred the services necessary for the implementation and processing of the campaign to third parties (“cooperation partners”). Participant data is stored by cooperation partners only for the purpose of running and processing the campaign for the duration of the campaign. All data will be deleted after the completion and processing of the campaign.

We are committed to protecting the privacy of participants and ensure that data will be processed in accordance with the Federal Data Protection Act, the Telemedia Act and the General Data Protection Regulation (GDPR). In particular, in this context, we refer to our data protection information. Here you will also find further information on the exercise of the data subject’s rights to which the participant is entitled.

7§ Responsibility

We are released from any obligation with the fulfillment or delivery of the prize to the participant, provided that, depending on the type of action, we have a legally binding obligation towards the participant.

We are liable in the event of willful misconduct, willful misconduct or gross negligence in accordance with the provisions of the law. Damages caused by us through simple negligence will be compensated only if it is a breach of an essential obligation, the non-compliance of which endangers the achievement of the purpose of the contract and / or the fulfillment of which allows the correct execution of the action and the fulfillment that the Participants can rely on regularly (cardinal obligation).

We do not assume any responsibility for the failure of a cooperation partner or for the resulting consequences for the implementation and elaboration of the campaign. Our resolutions in all matters relating to the respective action are final and binding. We reserve the right to correct typographical or mechanical errors.

We also accept no liability for lost, damaged, illegible, incomplete or late registrations, regardless of whether they are due to shipping delays or incompleteness due to system errors. Furthermore, we assume no responsibility for unreceived or incomplete registrations due to circumstances of force majeure, such as traffic jams, unauthorized interventions by third parties, malfunctions of computer or telecommunication systems or incorrect recording or failure of incoming data transmissions. . Proof of transmission does not count as proof of receipt by us. Winner is responsible for all applicable taxes, duties and fees that are not set out in these terms and conditions.

8§ Miscellaneous

The law of the Federal Republic of Germany applies. In the event that the participant is a consumer, this applies only to the extent that the protection granted is not revoked by mandatory provisions of the law of the country in which the consumer has his habitual residence. Should individual provisions of these Terms and Conditions of Participation be or become invalid, the validity of the remaining Terms and Conditions of Participation will remain unaffected.

The law of the Federal Republic of Germany will apply, excluding the laws relating to international civil rights.