Terms & Conditions of participation for #DiyKitChallenge

The “#DiyKitChallenge” (hereinafter “campaign”) is organized and carried out by:

Thomann GmbH
Managing director: Hans Thomann
Hans-Thomann-Strasse 1
96138 Burgebrach
Germany

Eligibility to participate

Entitled to participate are Thomann customers who have purchased one of the Do-It-Yourself kits listed below (hereinafter “kit”) from us, Thomann GmbH (www.thomann.de), and have reached the age of 18. Minors who have not yet reached the age of 18 are excluded from participation. There will be no distribution of profits to minors whose participation is excluded.

Our employees, as well as parent companies or subsidiaries of Thomann and agencies, licensees and their agencies as well as other persons directly involved in the conception and implementation of this campaign, as well as family members and household members of all persons listed above, are not eligible to participate.

By participating in the campaign, the participant declares her / his consent to these conditions of participation.

The following kits are eligible for participation:

ST style
T style
SC style
DC style
Ukulele Soprano
Ukulele Concert
P-bass
J-bass
Cajon

Kits are only eligible for entry as long as stocks last for a sale. We do not guarantee that all kits will always be available during the promotional period (see Participation section).

Promotion period and prerequisites for participation

The promotion starts on 04/21/2021, 00:00 (CEST) and ends on 05/23/2021, 23:59 (CEST). To participate in the promotion, the following requirements must be met:

– Having a Thomann customer account

– Owning a Thomann DIY kit for self-construction of the instrument (new acquisition not necessary; customers who already have a Thomann DIY kit can of course also use it).

– Design and construction of an instrument with the corresponding Thomann DIY Kit during the campaign period (please do not send in designed and built instruments!)

– Share a video of the DIY tool you have designed yourself on Facebook, Instagram or YouTube via your own profile or channel within the campaign period (date of the post is decisive); Images of the assembly and the finished DIY instrument can also be submitted, but these cannot be used, solely, to win.

– The sharing must be public.

– The video must show that the DIY instrument can be played on (see criteria for the jury’s decision in the section Implementation and processing.

– In order for us to be able to find the videos, the posts must be tagged with the hashtag #DiyKitChallenge. On YouTube, #DiyKitChallenge must also be included in the title of the video.

– Linking to the following Thomann pages (only Facebook and Instagram):

Instagram:

@thomann.music

One of our seven profiles must be marked on Facebook:

@MusikhausThomann
@thomannItalia
@ThomannInternational
@thomannSpain
@ThomannFrance
@ThomannSuomi
@ThomannNederland

During the campaign period, we search for videos of participants that meet the aforementioned requirements via our social media pages using the hashtag and save them on our IT systems if they meet the aforementioned requirements and are therefore suitable for the jury’s decision (see section Implementation and processing). These posts then take part in the jury’s decision.

In the event of a dispute regarding participation, the rightful owner of the social media profile that was used to post the relevant videos is deemed to be the 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 rightful profile owner, in particular whose profile has been verified to an e-mail address belonging to her/him. The potential winners may be asked to provide evidence to us that they are the rightful owner or may lose their entitlement to the prize.

The participant is responsible for the correctness of her/his data, especially her/his email and/or postal address. Participations with invalid / incomplete data, for example non-functioning or inactive e-mail addresses or fake profiles on the respective social media portals will be disqualified.

There is no entitlement to participate in the campaign.

For the registration and implementation of the campaign, costs for internet access and usage fees may be incurred by the internet service provider of the participant. Each participant bears the expenses for self-construction of the kit, in particular working time and costs for any additional material required.

Implementation and processing

On May 26th, 2021, three (3) winners will be judged by the jury from all eligible participants from the section “Promotion Period and Participation Requirements”. In order to be able to participate in the jury’s decision, pictures or videos must have been posted within the specified period. The selection by jury decision is then made in particular on the basis of the following criteria:

– Playability of the DIY instrument

– Quality and cleanliness of the workmanship of the DIY instrument

– Special craftsmanship (e.g. special optical designs, applications, decorations)

– Originality

– Overall visual impression

The jury is composed of five (5) competent Thomann employees from the corresponding Thomann music departments.

The winners will be notified by us via messenger message on the social media channel used for posting by the participant. 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 prize to their customer account; otherwise the entitlement to the prize is forfeited. In this case we reserve the right to determine a new winner by means of a further jury decision or to nominate subsequent participants from the first jury decision as winners.

The voucher prizes are non-exchangeable, non-transferable, cash payment is not possible and no other prizes can be selected as replacements.

(a) a notification of winnings cannot be delivered,

(b) the winner rejects 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,

this winner will be disqualified. In this case we reserve the right to determine a new winner by means of a further jury decision or to nominate subsequent participants from the first jury decision as winners.

Description of prizes

Three (3) vouchers will be awarded as prizes to three (3) winners with a value of 500 €, 350 € or 200 € 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 voucher value to the participant’s Thomann customer account.

Terms and Conditions

We reserve the right, at our own discretion, to end the promotion at any time without notice. We have this option in particular if, for technical or legal reasons, the proper 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 time of cancellation by means of a jury decision.

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

(a) in the event of manipulation in connection with access to or implementation of the action,

(b) in the event of violations of these conditions of participation,

(d) in the event of false or misleading information in connection with participation in this promotion.

An attempt by a person to prevent the lawful course of action, e.g. Interfering with e.g. technical aids may constitute a violation of criminal or civil laws. 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 reclaim winnings. Failure to enforce a provision contained in these official conditions of participation does not constitute a waiver by us of compliance with this provision.

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, in the event of a win, their email address, name and address, will be processed by us to carry out the campaign . The legal basis for the processing is the fulfillment of the contract or the initiation of a contractual relationship with the participant that comes about in the event of a win, Art. 6 Paragraph 1 Letter b GDPR.

We have partially transferred services that are necessary for the implementation and processing of the campaign to third parties (“cooperation partners”). The data of the participants are stored by the cooperation partner (s) only for the purpose of carrying out and processing the campaign for the duration of the campaign. All data will be deleted after completion and processing of the campaign.

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

Liability

We are released from all obligations with the fulfillment or handover 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 malice, intent or gross negligence in accordance with the statutory provisions. Damage caused by us through simple negligence will only be compensated if it is a breach of an essential obligation, non-compliance with which endangers the achievement of the purpose of the contract and / or the fulfillment of which enables the proper implementation of the action and the fulfillment of which Participants can trust regularly (cardinal obligation).

We assume no liability for the bankruptcy of a cooperation partner or for the consequences resulting from this for the implementation and processing of the campaign. Resolutions from us in all matters related to the respective action are final and binding. We reserve the right to correct typographical or mechanical errors.

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

Miscellaneous

The law of the Federal Republic of Germany shall apply. In the event that the participant is a consumer, this shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her 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 shall remain unaffected.