Terms and Conditions for Participation X-Mas Song Contest 2016

§ 1. Anyone who has reached the age of 18 is entitled to participate in the X-Mas Song Contest 2016. The cooperation partners, employees, family and all other relations of the Thomann company are excluded from participation. The participant is responsible for the content of his/her entry and in particular the accuracy of his/her email and/or postal address.

§ 2. The X-Mas Song Contest will proceed as follows: This contest consists of two rounds. Round 1 will take place on the YouTube platform and is open to anyone who complies with the terms and conditions.
In Round 2, the five songs chosen by the jury will compete against one another. In the first round, which will take place from 24.11.16 until and including 11.12.16, the contestants upload their self-composed, self-recorded Christmas song to YouTube. Both the song title and the video tags must include the phrase „ThomannXMas2016“. By uploading the song, the contestant agrees to the Terms and Conditions of Participation.

Only songs that are published on YouTube from 24 November 2016 until and including 11 December 2016 with “Thomann Xmas 2016” in the title and the tags will be considered for the competition.

On 15.12.2016 the Thomann Jury will announce the selected 5 finalists, via a private message on YouTube.

Important: The jury will inform the finalist with a message on YouTube and possibly via other social networks. After receiving the message the finalists will have 48 hours to respond to the sender of the message (Musikhaus Thomann) and to make their entry available to us in an appropriate web format. If this deadline is not adhered to, the participant’s place in the top five will be transferred to the next best song.

The top 5 of the second round will be published on 16.12.2016 on http://www.thomann.de.

In the period from 16 to 22 December 2016, votes will be cast by Thomann customers for the best song. The winners of the prizes depend on the number of votes:

The song with the most votes wins the first prize; the song with the second-most votes wins second place, etc. All winners will be notified immediately after the voting, on 23 December 2016 via YouTube. After receiving the prize notification via YouTube, the winner and the other finalists have to contact Thomann by the 1st of January, otherwise the prize will be forfeited and we reserve the right to pass the prize on to the next participant.

§ 3. All songs that are submitted for this contest must be an original work of the contestant. By submitting a song entry, the contestant confirms that he/she is the sole copyright holder of the song submitted. By participating in the contest, the contestants commit to exempting Thomann from all claims and complaints on account of third party copyright breach associated to the song. The submitted song entries may not exceed a total length of 5 minutes.

§ 4. The theme and/or content of the song must have an evident and direct connection to Christmas.

§ 5. The song lyrics and the accompanying video may not contain racist, openly sexual, offensive or discriminating content or inappropriate language; nor may they glorify violence. Entries which do not comply with these conditions will be excluded from the contest.

§ 6. “Thumbs-up” ratings will be considered as trends on Youtube and the jury will use these as a guide. They will not, however, play a crucial role in the jury’s final decision. The Thomann jury reserves the right to examine all possible participants in the second round of the contest and, in case of doubt, to exclude them from the contest.

§ 7. Only votes that are placed on www.thomann.de will count towards determining the winner. Comments from other websites cannot be included in the final result.

§ 8. Recourse to the courts is precluded. The jury’s decision on the winners and the awarding of prizes in this contest are final.

§ 9. The winner of first place will receive as first prize a two-day all-inclusive VIP trip to Treppendorf to Musikhaus Thomann with an exclusive tour of the Thomann warehouse, an overnight stay in the medieval UNESCO World Heritage City Bamberg and a Thomann shopping voucher to the value of 500 Euro. The winner of second place will receive a Thomann shopping voucher to the value of 250 Euro while the winner of third place is a Thomann shopping voucher to the value of 100 Euro. All “vouchers” will be credited to the participant’s Thomann customer account. Fourth and fifth place will receive a Thomann-Goodie package. Among all voters 5 will be randomly drawn to be awarded with 1 gift voucher with a value of 50 euros each.

In the event that the first place prize is claimed by a group of more than one person, it is predetermined that the two-day all-inclusive VIP trip be only available to a maximum of two persons. In the event of disagreements between the musicians, band and/or (co-)writers, Thomann will not partake in discussions; the two persons must be selected independently of Thomann. Furthermore, the decision concerning entitlement to the prize must be made and communicated to Thomann within 72 hours of the original win notification.

§ 10. The prizes offered in this contest are exclusively for contest participants. The coupon cannot be redeemed for cash.

§ 11. All participants in this contest agree that their contest entries may be published and distributed on the internet and in other media forms. They agree that said publishing and distribution do not create any financial or other right for the participants upon Thomann. Furthermore, all contest participants agree that Thomann may use their contest entries for advertising and promotional purposes, including (but not restricted to) radio and television broadcasts, advertisements and public presentation.

§ 12. The winners of this contest agree that their names (including eventual stage names) and, if applicable, photos may be used for advertising purposes related to the contest, including the publication in printed form and on the internet.

§ 13. Travel dates and times with regard to the prizes of the competition will be decided upon in mutual agreement between Thomann and the winners of the contest. Thomann will cover travel costs under the condition that the trip be organised and booked after consultation with Thomann

§ 14. Thomann accepts no responsibility or liability in the event of damage, injury or illness during the trip offered as first prize. The winners undertake the trip at their own risk.

§ 15. Thomann reserves the right to disqualify single or multiple winners if there is reason to believe that part or parts of these conditions are violated, e.g. by manipulating votes.

§ 16. The contest is conducted by Thomann GmbH, Managing Director: Hans Thomann, Hans-Thomann-Str. 1, D-96138 Burgebrach, Germany, Contact persons and details are to be found on the Thomann website under the Imprint at http://www.thomann.de/de/compinfo_imprint.html 

§ 17. The law of the Federal Republic of Germany is exclusively applicable with the exclusion of the referral regulations under International Private Law.

§ 18. Thomann reserves the right to disqualify single or multiple winners if there is reason to believe that part or parts of these conditions are violated, e.g. by manipulating votes. The contestant agrees that Thomann may save all personal data necessary for the execution of the contest for its entire duration. The organiser may render services necessary for the organising and processing of the contest partly to third parties (cooperation partner). The contestants’ personal data are saved by the cooperation partner(s) for the organising and processing of the contest for its entire duration. All personal data are deleted after the closure and processing of the contest. By participating in this contest, the contestant agrees that his/her personal data may be processed by third parties for the stated purposes, and in particular transferred from the organiser to third parties.

§ 19. The contestants may at any time withdraw their consent to process their personal data. In this case, however, the organiser may have to exclude the contestants from further participation. Through the Federal Data Protection Act (Bundesdatenschutzgesetz), contestants additionally have the guaranteed rights to information and correction. The organiser undertakes to protect the privacy of contestants and ensures that data will be processed in accordance with the Federal Data Protection Act (Bundesdatenschutzgesetz), the German Telemedia Act (Telemediengesetz), the European directive on data protection (95/46/EG) and the European regulatory framework on electronic communications (02/58/EG). In particular, in this regard reference will be made to the general privacy policy found at www.thomann.de/de/tho_privacypolicy.html.