Terms & Conditions
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: This contest (“CONTEST”) is open to legal residents of Europe (the Schengen Area plus United Kingdom), who are 18 years of age or older at the time of entry. Employees of Apocalyptica Agency OY, Odyssey Music Network, and their parent, affiliates, subsidiaries, advertising or promotional agencies together with their immediate families (spouses, parents, siblings, and children) and persons living in the same households as any of those employees are not eligible to participate in this Contest. This Contest is void where prohibited by law.
3. PRIZES/ODDS OF WINNING:
a) Odds of winning depend on the number of eligible entries received. b) Apocalyptica (comprising of Eicca Toppinen, Perttu Kivilaakso, Paavo Lötjönen, Mikko Sirén) will perform a few acoustic songs at the winner’s home/residence, on a date which will be communicated upon announcement of Winner (announcement will be made January 17, 2020). The unauthorized use of photographic and/or recorded material is prohibited. Any unauthorized photos, videos and/or recordings may be destroyed or deleted. All rights reside with the Organizer. c) Potential Winners will be notified by e-mail or phone (eligibility is subject to verification). Return of any Prize or Prize notification as undeliverable, if Organizer is unable to contact the potential Winner after reasonable effort, or failure of potential Winner to respond within three (3) days of first attempted notification, will result in forfeiture of Prize and selection of an alternate Winner.
d) This Contest is governed by German law. Additional expenses at the sole discretion of the Winner are the sole responsibility of the Winner. Organizer’s determinations regarding the awarding of Prizes are final. No Prize substitutions except as provided herein. Prizes are non-transferable.
4. PRIZE WINNERS:
a) By accepting the Prize, the Winner grants to Organizer the permission to use his or her name, likeness, picture, address (city and state), e-mail address, voice, biographical information, and written or oral statements for advertising and promotional purposes in promoting or publicizing the Organizer and its products and services, and editorial and trade purposes without further compensation, unless prohibited by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), email address, biographical information, or entry. The rights granted under this paragraph shall extend to all Entry Materials related to the Contest.
b) By accepting Prize, Winners represent that they have complied with all rules of this Contest and agree to release and hold harmless Organizer, and their respective parents, affiliates, subsidiaries, officers, directors and employees, media partners, printers of promotional material, promotional material suppliers, and advertising, promotion and other coordinating agencies involved in the promotion from any and all liability for injuries, losses, or damages of any kind sustained in connection with the use, acceptance, possession or awarding of Prize or participation in any Prize or related activities, including the Contest generally. Winners further acknowledge that Organizer has not made, and is not liable or responsible for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize, including, but not limited to, its quality, mechanical condition, or fitness for a particular purpose.
c) No more than the advertised number of Prizes will be awarded. Entries become the property of Organizer and will not be acknowledged.
5. GENERAL: Organizer reserves the right, in its sole discretion, to modify, suspend or terminate the Contest should a virus, bugs or other causes beyond the control of the Organizer corrupt the administration, security or proper play of the Contest, as determined by the Organizer in its sole discretion. In such event, the Prize may be awarded by random drawing from among eligible entries received up to the date/time of corruption or modification, to the extent feasible. Organizer is not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems downloading entries from the web site; or for any other technical problems related to web site entries. Organizer is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest, or by any technical or human error which may occur in the processing of the entries in the Contest. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. Any entries found or suspected to be submitted in this manner will be deemed ‘void’ by the Organizer. Caution: any attempt by a person to deliberately damage any website or undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, Organizer reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event of a dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
6. DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the entrant and Organizer in connection with the Contest, shall be governed by, and construed in accordance with, German law. Jurisdiction and venue shall be solely within Germany. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any Prize awarded shall be resolved individually, without resort to any form of legal action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
7. ORGANIZER: The Organizer of this Contest is Odyssey Music Network, Kottbusser Damm 79 - Aufgang C | D-10967 Berlin, Germany