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Terms and Conditions for Guster (“Artist”) “Things Come Around Q&A (“Promotion”) NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATIONS.
This Promotion is being run by Guster ('we', 'us', 'our') of 250 West 57th Street, 23rd Floor, New York, NY USA. We are the 'Promoter' of the Promotion. By providing your details to us you confirm that you would like to enter the Promotion and you agree to be bound by these terms and conditions ('Ts&Cs'). In the event of any conflict between any terms referred to in any promotion materials and these Ts&Cs, these Ts&Cs take precedence.
1. Eligibility
- This Promotion is open from 09:00:00 Eastern Standard Time on 15th March 2021 until 23:59:59 GMT on 22nd March 2021. Promoter's computer shall function as the official clock for the Promotion. We accept no responsibility for entries lost, damaged or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity and/or filtering of content by any social media platform (as applicable) (for entrants resident in France, we accept responsibility where this is caused by fault or negligence by us). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Promotion will not be accepted and are void. To enter the Promotion you must have an unlimited or free access to the Internet and a Spotify account via either a free or premium subscription. The cost of a premium subscription account can be found on the service’s website. No purchase or payment of any kind is necessary to enter or win this Promotion. A purchase will not increase your chances of winning. All entrants represent that any purchase of a Spotify, Deezer or Apple Music subscription was made prior to the start of the Promotion and not in consideration for entrant’s entry thereof.
- This Promotion is open from 09:00:00 Eastern Standard Time on 15th March 2021 until 23:59:59 GMT on 22nd March 2021. Promoter's computer shall function as the official clock for the Promotion. We accept no responsibility for entries lost, damaged or delayed, or for any inability to submit entries as a result of computer service, systems, software and/or server failure, error, interruption, defect or delay or any other technical malfunction, including problems with internet connectivity and/or filtering of content by any social media platform (as applicable) (for entrants resident in France, we accept responsibility where this is caused by fault or negligence by us). Entries which are late, incomplete, corrupt, garbled, inaccessible/blocked, bulk, automated, ineligible, suspected as fraudulent, submitted via programmed/automated means, do not comply with the Ts&Cs, or which in our sole discretion affect the validity or operation of this Promotion will not be accepted and are void. To enter the Promotion you must have an unlimited or free access to the Internet and a Spotify account via either a free or premium subscription. The cost of a premium subscription account can be found on the service’s website. No purchase or payment of any kind is necessary to enter or win this Promotion. A purchase will not increase your chances of winning. All entrants represent that any purchase of a Spotify, Deezer or Apple Music subscription was made prior to the start of the Promotion and not in consideration for entrant’s entry thereof.
2. How to Enter
- The Promotion will be promoted on the following URL address: http://www.guster.com (the “Website”) and on our, related third party and/or artist social media accounts and/or mailing lists including Facebook, Twitter and Instagram. To enter the Promotion, participants must connect to their Spotify and follow Artist via the Website. Joint/group/team entries are prohibited. Please see the Website for further details. Entrants will be automatically subscribed to Artist’s and mailing lists when entering via the Website.
All participants are also required to tick a checkbox confirming acceptance of these Ts&Cs and use of the participant’s data in accordance with our Privacy Policy to administer the Promotion.
- Promoter reserves the right in its sole discretion to disqualify all entries should it determine for justifiable reasons that a person has engaged in repeated, egregious or blatant violations of the entry limit. Promoter may acknowledge receipt of entries; but, in such case, acknowledgment does not constitute any representation as to eligibility for the Promotion.
3. Prize
- One (1) winner will receive the opportunity to attend, via the video conferencing app known as Zoom (https://zoom.us/meetings), an online video Q&A with the artist and may receive an opportunity to ask the band a question
4. Winner Selection and Notification
- The winner/runners-up will be selected on or about 23rd March 2021 and will be the first two hundred and seventy five (275) names drawn at random, in order of precedence, from all valid entries received. The odds of winning depend upon the total number of eligible entries received for the random prize draw.
5. Publicity
- By entering this competition, each entrant, if selected as a winner/runner-up, expressly agrees and consents to the publication of their name and country/territory of residence to demonstrate the legitimacy and transparency of the Promotion. The winner/runner-up may also be required to take part in our promotional publicity and sign a release form in respect of such publicity. By entering into this Promotion, you agree to provide and that we (or any third party we may choose) may use your entry, details of your name, likeness, voice, performance (if applicable) and county/country/territory of residence and/or other indicia of your persona in any kind of medias (including without limitation Internet especially on all promoters’ related websites, TV, radio, press, display, theatre, etc.) and in any kind of materials (including without limitation printed materials, posters, press advertisements, online materials as for instance web-banners and emails, audio-visual commercials, etc.), worldwide for advertising and promotional purposes in connection with the Promotion without additional authorisation, notice or compensation unless prohibited by law.
6. Data Protection
- For entrants not resident in Germany, Switzerland or Austria: By submitting an entry, entrants agree that we, our affiliates, service providers and/or agents may process the personal information submitted by you as part of the entry process (including contact details) for the purposes of operating the Promotion, administering prizes and otherwise in accordance with our Privacy Policy. Delivering personal data is voluntary but it is essential in order to take part in the Promotion. Participants have the right to access the data delivered at any time as well as the right to demand their rectification, erasure or restriction and all other rights according to the GDPR and other applicable local data protection laws, for example by emailing us at guster@guster.com.
For entrants resident in Germany, Switzerland or Austria: Entrants’ personal data will be processed by us and/or the third parties acting on our behalf, in connection with operating the Promotion (including administering prizes) according to our Privacy Policy. Delivering personal data is voluntary but it is essential in order to take part in the Promotion. Participants have the right to access the data delivered at any time as well as the right to demand their rectification, erasure or restriction and all other rights according to the GDPR and other applicable local data protection laws, for example by emailing us at guster@guster.com.
7. General
- Subject to, where applicable, the approval of those authorities that have issued permits for the conduct of this Promotion, we may in our absolute discretion modify, amend, cancel or suspend these Ts&Cs, the Promotion and/or the prize(s) at any time if we deem it necessary, due to technical reasons or to ensure compliance with applicable laws, regulations and guidance, or if circumstances arise beyond our control. No liability shall attach to us as a result thereof. If any winner from the United States is considered a minor in his or her state of residence, the prize(s) will be awarded on the winner's behalf to the winner’s parent or legal guardian, who may be required to execute any releases and other documentation required by Promoter (including without limitation the affidavit of eligibility and the liability/publicity release).
For entrants resident in Germany, Switzerland, Austria: In the case of cancelation of the Promotion, we will, at our discretion, select the winner(s) from eligible entries received prior to the event that required such cancelation.
- Subject to applicable laws, we reserve the right to disqualify an entrant and/or winner in our absolute discretion. In addition, acts of tampering with the Promotion (including the Website) will result in disqualification; but disqualification shall not represent the sole remedy available to Promoter.
- For entrants not resident in Germany, Switzerland or Austria: Except to the extent that they may not be excluded by law, no representations, warranties, terms or conditions that are not expressly stated in these Ts&Cs apply to this Promotion. We shall have no liability for any injuries, loss or damage of any kind arising from or in connection with participation in this Promotion (including any damage to the entrant's or any other person's computer relating to or resulting from participation in, or downloading of any materials or software in connection with, this Promotion) or acceptance, use, misuse or non-use of any prize(s) (including activity or travel related thereto) except for liability for death, personal injury, fraud and damage or loss caused by negligence, which is not excluded.
For entrants resident in Germany, Switzerland or Austria: We shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.
- In an event of slight negligence, we shall be liable only for breaches of a material contractual obligation (cardinal duty). A „cardinal duty“ in the meaning of this provision is an obligation whose fulfilment makes the implementation of this contract possible in the first place and on the fulfilment of which the contractual partner may therefore generally rely.
- In a case according to Clause (a), we shall not be liable for any lack of commercial success, lost profits and indirect damages.
- Liability in accordance with the above Clauses (a) and (b) shall be limited to the typical, foreseeable damages.
- The limitation of liability shall apply mutatis mutandis to the benefit of our employees, agents and vicarious agents.
Any potential liability on our part for any warranties and for claims based on the German Product Liability Act shall not be affected.
For entrants resident in Australia: Notwithstanding the above, to the fullest extent permitted by law, Guster and its affiliates, associated agencies and companies (together called ‘Guster’) will not be liable or responsible for any loss (including direct, indirect and consequential loss), costs (including legal costs), damage or injury to property or person that is suffered or incurred as a result of or in connection with:
- the Promotion including participating in any prize;
- any late, lost or misdirected entries or failure to receive any entry in the Promotion;
- any prizes damaged or lost in transit;
- any travel won in or in connection with the Promotion;
- any problem, failure, delay, unavailability or inaccessibility with, of or to any communications network, service or transmission (including telephone, Internet or website);
- any cancellation, modification or suspension of the Promotion in accordance with Ts&Cs;
- any unauthorised human intervention in any part of the Promotion (including but not limited to theft, destruction, alteration or unauthorized access of or to any entries);
- any electronic or human error which may occur in the proper administration of the Promotion;
- any act or omission, deliberate or negligent, by Guster, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to a prize winner and, where applicable, to any persons accompanying a prize winner;
- any circumstances outside Guster’s reasonable control.
This clause does not operate to limit the rights or obligations of the parties imposed by the operation of the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (ACL) to the extent that they may not be limited or excluded, in which case the terms of the ACL shall apply.
- For entrants resident in the United States: UNLESS OTHERWISE PROHIBITED BY LAW, BY ENTERING, ENTRANT AGREES TO (I) RELEASE AND HOLD PROMOTER, ITS RESPECTIVE AFFILIATES AND THE ARTIST (COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) (“LOSSES”) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
- In the event that any event or action outside Guster’s control prevents or significantly hinders Guster’s ability to proceed with the Promotion on the dates and in the manner described in these terms and conditions (including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war and act of terrorism), Guster may for justifiable reasons cancel the Promotion and recommence it from the start at another time on the same conditions. If the Promotion is regulated by any applicable government body, the cancellation or recommencement of the Promotion will be subject to any requirements imposed by such body.
- If for any reason this Promotion is not capable of running as planned due to causes beyond the control of Guster which affect the proper conduct of this Promotion, Guster reserves the right for justifiable reasons to disqualify any individual who tampers with the entry process and/or take any other action against that individual that may be available, and to cancel, terminate, modify or suspend the Promotion subject to the requirements of any relevant government body that regulates the running of the
- Each prize winner is responsible for obtaining their own independent legal advice.
- We accept no responsibility for any issues or loss that may be caused by your accessing / using the Website for the purposes of this.
- Our decisions on any issue arising out of or in relation to this Promotion and these Ts&Cs are final and binding and no correspondence will be entered into. Failure of the Promoter to enforce a certain provision of these T&Cs in a given circumstance shall not constitute the waiver of such provision.
- This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook/Instagram/Twitter/. Entrants hereby release each of Facebook/Instagram/Twitter/ from all responsibility and liability in respect of the Promotion. By entering this Promotion, entrant acknowledges that Facebook/Instagram/Twitter/Spotify are websites / platforms over which Promoter has no control and Promoter is not responsible for (a) any issues or loss that may be caused by accessing or using entrant’s Facebook/ Instagram/Twitter/Spotify accounts for the purpose of this Promotion, or (b) entrant’s inability to access, use, or successfully use his or her Facebook/Twitter/Instagram/Spotify accounts for this Promotion.
8. Governing Law
UNLESS PROHIBITED BY LAW, THE PROMOTION AND THESE TS&CS ARE GOVERNED BY THE LAWS OF, AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF, THE RELEVANT COURTS OF ENGLAND AND WALES.
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FOR RESIDENTS OF THE UNITED STATES: UNLESS PROHIBITED BY LAW, THE PROMOTION AND THESE TS&CS ARE GOVERNED BY THE LAWS OF, AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF, THE RELEVANT COURTS OF NEW YORK, AND WAIVE ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. ENTRANTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HIS/HER ENTRIES OR OTHERWISE RELATED TO THE PROMOTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
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FOR RESIDENTS OF QUEBEC, CANADA: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
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POUR RÉSIDENTS DU QUÉBEC Un différend quant à l’organisation ou à la conduite d’un concours publicitaire peut être soumis à la Régie des alcools, des courses et des jeux afin qu’il soit tranché. Un différend quant à l’attribution d’un prix peut être soumis à la Régie uniquement aux fins d’une intervention pour tenter de la régler.