Sweepstakes - Disclaimer
for EuroArts sweepstakes on social media platforms (SMP)
The following Terms and Conditions of Participation are binding and final for participation in our sweepstakes.
1 Organisers of the sweepstake
1.1. Sole organiser of the sweepstakes for which the following Terms and Conditions of Participation apply is EuroArts Music International GmbH, Bundesallee 39 – 40a, 10717 Berlin, Germany.
1.2. The sweepstakes are in no way sponsored, supported or (co-) organised by Facebook, MailChimp or any future social media platform (henceforth known as SMP). Any SMP is also otherwise not associated with the sweepstakes organised by the organiser.
1.3. The collection of some personal data is necessary in the context of the sweepstake (e.g. the names and addresses of the participants). This data will be collected by the organiser and not by the SMP. You can find more information on this further below in these Terms and Conditions of Participation under No. 6, “Data Protection”.
1.4. The organiser is solely responsible for all aspects relating to the sweepstake organised by him. This means that enquiries, comments and complains should also be addressed solely to the organiser (see No. 1.1). For this reason, please do not send queries about the sweepstake to the SMP!
2 Scope of applicability, amendments to the Terms and Conditions of Participation
2.1 These Terms and Conditions of Participation apply to all sweepstakes of the organiser, to the extent that these are conducted via the SMP. The Terms and Conditions of Participation generally and finally govern the relationship between the organiser and you as a participant.
2.2 If written statements beyond these are exchanged or issued – for example, for consent for the publication of a winner’s photo – these apply in addition. In the case of contradictions, the written statements given shall apply. If these prove to be ineffective, these Terms and Conditions of Participation apply.
2.3 The organiser does not recognise other terms and conditions of participation if they contradict these Terms and Conditions, unless he expressly agrees to them in writing. This also applies if the organiser carries out the sweepstake without reservation in the knowledge of contrary terms of the participant.
2.4 Insofar as the organiser has several language versions of these Terms and Conditions for participation for certain sweepstakes, only the German version is legally binding.
3 Participation and eligibility
3.1 Participation in our sweepstakes is via our company page on the the SMP platform. The URLs (Internet address) are as follows:
for Facebook: https://www.facebook.com/EuroArtsMusic
For Twitter: https://www.twitter.com/euroarts
For YouTube: https://www.youtube.com/user/EuroArtsChannel
3.2 Eligible are all natural persons (i.e. no companies or other legal entitites), who are at least 18 years of age at the time of participation. If the organiser has justified doubts as to the fulfilment of these conditions, he can require suitable evidence.
3.3 Participation in our sweepstakes is free of charge.
3.4 Participation is conditional on the acceptance of these Terms and Conditions of Participation, including the privacy provisions contained therein.
3.5 Participation is also conditional on providing correct information for all participant data required for participation.
4. Order, period of the sweepstake
4.1 The place, sweepstake period and prizes will be announced separately, for example on our Facebook page at https://www.facebook.com/EuroArtsMusic or the respective SMP page that will be clearly communicated.
4.2 Participation usually involves “liking” a post or posting a comment with specific content, unless otherwise explicitly stated.
4.3 After determination of the winner by the organiser, the winner will be notified via the SMP’s messaging system or by e-mail. Following acceptance of the win, the respective prize will be sent out to the winner. The prize will be delivered only to the domestic residential address provided.
5. Invalid entries, misuse, exclusion of participation
5.1 Valid within the meaning of No. 4.2 are only those “likes” and comments that have been submitted manually and by actual, living persons, and for which no sort of reward or compensation for the participant has been promised or guaranteed.
5.2 The use of purchased “likes” or comments, automated “likes” or comments by so-called bots, other types of manipulation of the sweepstake and all unauthorised use of the sweepstake constitute misuse of the sweepstake.
5.3 In the case of suspicion of misuse based on actual circumstances (No. 5.2) – for example, an unusually high number of “likes” in a very short space of time – the organiser has the right to exclude the participant in question from the current sweepstake with immediate effect and from all future sweepstakes.
5.4 In the case of unforeseen circumstances, the organiser reserves the right to modify the sweepstake in whole or in part or to suspend or discontinue it. Unforeseen circumstances are, in particular, those circumstances that are beyond the control and influence of the organiser, such as computer viruses, disruptions of the platform the SMP, technical problems in the hardware and software of the organiser, cancellation of events irrespective of whether or not this is attributable to the organiser.
6. Data protection
6.1 Within the framework of participation in the sweepstake, the only personal data of the participants that is collected, saved and used is that which was provided to the organiser by the participants themselves.
6.2 The data referred to under No. 6.1 is only used in the context of conducting the sweepstake, i.e. for identifying and notifying the winners and sending out the prizes.
6.3 The responsible body within the meaning of data protection regulations is solely the organiser of the sweepstake named in No. 1.1 (and not the SMP, for example).
6.4 In accordance with Article 15 of the European General Data Protection Regulation (GDRP), you have the right to request information on the data saved about you by the organiser. To the extent that this goes beyond the information already contained in No. 6.1, please direct requests to the organiser (No. 1.1).
6.5. In accordance with Article 17 of the European General Data Protection Regulation, you have the right to request erasure of personal data related to you on any one of a number of grounds, including noncompliance with Article 6(1) of the GDRP (lawfulness) that includes a case (f) if the legitimate interests of the controller is overridden by the interests or fundamental rights and freedoms of the data subject, which require protection of personal data
7. Limitations of liability, and warranty
7.1 The organiser bears unlimited liability for damages caused by the organiser or his vicarious agents intentionally or through gross negligence, in the case of fraudulent concealment of defects, in the case of the express assumption of a guarantee, and for damages resulting from injury to life, limb or health.
7.2 For other damage, the organiser is liable only to the extent that an obligation is violated, the fulfilment of which makes the proper execution of the contract possible at all and on the compliance of which the contractual partner can normally rely (cardinal obligation). The liability for damages is limited to such damages as are regarded as being typical for the contract and foreseeable. Any liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. Liability of the organiser beyond that referred to above is excluded.
8. Final provisions
8.1 The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
Should individual provisions of the contract with the user, including this provision, be or become partially or wholly invalid, the validity of the remaining provisions is unaffected. The same applies in the case of a contractual gap.