PRIZE DRAW TERMS AND CONDITIONS
1. Promotion Details
1.1 By entering the Prize Draw you agree that you have read and understood these Terms and Conditions and agree that you will be bound by them. These Terms and Conditions govern your relationship with Sony Music Entertainment UK Limited, whose address is Sony Music Entertainment UK Limited, 9 Derry Street, London, W8 5HY (“Sony”). These Terms and Conditions and all other information provided prior to entering the Prize Draw (the “Prize Draw”) form part of the rules of entering this Prize Draw (the “Rules”). Entering the Prize Draw you agree that you have read, agree to and are bound by the Rules
2.1 To enter the Prize Draw, you are invited during the Prize Draw Period to fill in the Prize Draw form with your details and choice of date/venue from the drop down box (the “Entry”). Send your Entry for a chance to win 1 (one) pair of tickets to see Tom Odell (plus a meet and greet) (“the Prize”).
There is 1 (one) pair of tickets available for each of the dates listed below;
12th October – Glasgow (Barrowland Ballroom)
17th October – Newcastle (City Hall)
18th October – Edinburgh (Usher Hall)
19th October – Manchester (O2 Apollo)
21st October – Birmingham (O2 Academy)
22nd October – Cambridge (Corn Exchange)
23rd October – London (Eventim Apollo)
25th October – Brighton (Brighton Centre)
26th October – Southampton (O2 Guildhall)
For the avoidance of doubt the Prize does not include any backstage passes and the meet and greet is subject to the artist’s availability on the date.
2.2 The Prize Draw will run from 00:01 BST on Friday 31 August 2018 (the “Starting Date”) and the “Closing Time” will be 18:00 BST on Monday 1 October 2018 (the “Closing Date”) (collectively the “Prize Draw Period”). For the avoidance of doubt no entries will be counted before or beyond the Prize Draw Period.
2.3 Entry is only open to residents of England, Scotland and Wales and you must be aged 16 years old or over (as of the Starting Date) to enter this Prize Draw. If you are under 16 years old, your Entry will be disqualified. If you are aged 16 or 17 you must have the permission of your parent or legal guardian before entering this Prize Draw. If you are 18 years old, or over, you are eligible with no permissions required.
2.4 The Winner(s) (and their guest’s) names will be listed at the venue entrance however entrants are advised that venue and/or Sony staff may also request to see valid photographic identification (such as an original passport or photo ID card) showing the Winner’s and their guest’s full name and proof of age in order to gain entry to the venue. Sony (and its licensees, affiliates and assigns) accepts no liability in the event that entrance to the venue is denied on the grounds that the Winner and/or their guest was/were not able to provide staff with valid photo ID and/or on the grounds of the Winner’s and/or their guest’s inappropriate behavior and/or non-compliance with the venue’s own rules.
2.5 Full details of the Prize including meet and greet times and audience information will be disclosed to the Winner.
2.6 In the event that the Winner(s) does not, or are unable to, comply with and meet the Rules, Sony shall be entitled at its discretion to disqualify the Winner(s) without any further liability to them. No liability shall attach to Sony (and its licensees, affiliates and assigns) as a result thereof.
2.7 Sony (and its licensees, affiliates and assigns) reserves the right to cancel the Prize Draw or amend these Terms and Conditions without notice in the event of circumstances outside its control, including without limitation, a major catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event. No liability shall attach to Sony as a result thereof. If a sufficient number of eligible entries (as determined by Sony, in its sole discretion) are not received by the end of the Prize Draw Period, Sony reserves the right not to award any or all Prize(s).
2.8 Employees and their immediate families of Sony, companies within Sony Music Entertainment group of companies and any of their subsidiaries and/or agencies associated with this Prize Draw are ineligible to enter. Any such entries will be invalid.
3. Submitted Material
3.1 By entering the Prize Draw you warrant and represent that your Entry does not and shall not contain any material that, in Sony’s sole discretion (including but not limited to): (i) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity, without such person or entity’s prior written consent; (ii) constitutes personally identifying information or other personal or identifying information about you or any individual; (iii) is false, deceptive, misleading, scandalous, indecent, criminally obscene, pornographic, unlawful, blasphemous, defamatory, libelous, fraudulent, tortuous, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes or graphic violence; (iv) encourages conduct that could be considered a criminal offense, could give rise to criminal civil liability, or could violate any law, or that could otherwise be considered inappropriate; (v) constitute a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, Sony or any hardware, software, or equipment; (vi) constitutes any advertising, promotional material, or other form of solicitation; or (vii) constitutes any non-public information about a company.
3.2 By entering the Prize Draw, you hereby grant to Sony (and its licensees, affiliates and assigns); a exclusive worldwide, royalty free, perpetual and irrevocable licence to use, edit, copy, transmit, display, exploit, manipulate, distribute, reproduce, make, sell or offer to sell; exercise all copyright, trademark, publicity and other proprietary rights (and to sub-licence such rights) including recording, filming and photographing your likeness as part of the Prize and any information you provided or any part thereof, in any and all media (by any and all means now known or developed in the future), including without limitation, use on commercial audio or video products, the Artist’s social media websites and all forms of advertising and merchandise.
3.3 For the avoidance of doubt you understand that on a non-exclusive basis (and as part of your acceptance of the Prize) Sony (and its licensees, affiliates and assigns) may use your voice, your likeness, photographs of you (with others, if applicable) and any audio or audio-visual recordings and film footage of you (with others, if applicable) taken in connection with the Prize Draw in perpetuity for any and/or all purposes (whether promotional and/or commercial) and in any and/or all media without payment. If the Prize allows you to bring a guest, your guest must accept these conditions in order to be permitted to accompany you as part of the Prize.
4. The Prize
4.1 i) After the Prize Draw Period, 9 (nine) “Winner(s)” (1 (one) Winner from each available date) will be selected at random by Sony (at Sony’s sole discretion) from all eligible Entries to win the Prize.
ii) In the event that the Winner(s) does not, or is unable to, comply with and meet the Rules, Sony shall be entitled at its discretion to disqualify the Winner(s), without any further liability to the Winner(s). No liability shall attach to Sony as a result thereof.
iii) No cash alternatives shall be available for the Prize. The Prize is non-transferable. However, Sony reserves the right to change the Prize at its discretion or to offer an alternative Prize of similar value.
4.2 The “Winner(s)” will be contacted by the email address give to Sony (the “Notification”). Once notified the Winner(s) must provide Sony with their full name, address and date of birth. The Winner(s) may, in Sony’s absolute discretion, be required to sign all necessary waivers, consents, or permissions of any nature required by Sony together with an agreement ratifying the rights granted to Sony herein (and any other documents reasonably required by Sony) (the “Required Agreement(s)”). If the Winner(s) cannot be contacted by 18:00 BST on Thursday 4 October 2018, if the Notification returns as “not accepted” “undeliverable” or if the Winner(s) rejects the Prize, then Sony reserves the right, at its sole discretion, to disqualify the Winner(s) without any further liability to that Winner(s) and offer the Prize to the next best entrant (in Sony’s sole discretion) and thereafter until another Winner(s) is found. Or if the Winner(s) is unable for whatever reason to accept the Prize, or in the event of non-compliance with the Terms and Conditions, or if the Required Agreement(s), if required, is/are not properly executed, Sony shall be entitled at its discretion to disqualify the Winner(s), without any further liability to that person and the Prize will be forfeited and an alternative Winner(s) may be selected from all remaining eligible Entries. Upon Prize forfeiture, no compensation will be given. You agree to comply fully with each provision in the Rules.
4.3 For the avoidance of doubt any expenses not specified in these Terms and Conditions are the sole responsibility of the Winner(s) (including travel to and from the venue, accommodation, food and drink).
4.4 In all cases Sony (and its licensees, affiliates and assigns) shall not be liable for any email notification that does not reach the Winner(s) for reasons beyond Sony’s (and its licensees, affiliates and assigns) reasonable control. Sony (and its licensees, affiliates and assigns) shall not be responsible for any costs or losses incurred directly or indirectly by the Winner(s) as a result of an incorrect email address given by the Winner(s).
4.5 Sony (and its licensees, affiliates and assigns) accepts no responsibility for entries lost, damaged or delayed, or for any difficulty experienced in accessing or submitting your Entry. Late, damaged, defaced, illegible, incomplete or suspected fraudulent Entry will not be accepted. Proof of dispatch of the Entry (whether electronic or postal) will not be accepted as proof of receipt by Sony.
5. General Terms
5.1 Sony reserves the right to verify the eligibility of your Entry. Sony may request that the Winner(s) contact Sony to confirm that they are a winning entrant and/or to provide proof of identity, age and residency. In the event of a dispute as to the identity of an Entry, any Entry will be deemed to have been submitted by the authorised holder of the email account from which the Entry was submitted. You may be requested to provide Sony with proof that they are the authorised holder of the email account associated with the winning Entry.
5.2 Entries that are incorrect or incomplete will be void. No refund will be made for the cost of any Entry. Sony may refuse to award the Prize, or withdraw the Prize, in the event of your fraud, dishonesty or non-entitlement under the Rules.
5.3 The Winner(s) may be required, as a condition of being awarded the Prize, for no remuneration, to participate in promotional and publicity materials at the reasonable request of Sony and it shall be condition of being awarded the Prize the Winner(s) must consent and agree to do so.
5.4 In the event of any fault, mistake, misunderstanding or dispute concerning the operation of any part of the draw, the decision of Sony shall be final.
5.5 Sony (and its licensees, affiliates and assigns) is not responsible for internet, network, telephone line or communication failures of any kind or for entries that are incomplete, corrupted, incomprehensible or not received before the Closing Date and Closing Time. Such entries will be void.
5.6 Sony assumes no responsibility for damages, losses or injuries that result from your Entry in this Prize Draw or acceptance or use of any Prize, provided that nothing in the Rules shall exclude or limit Sony’s liability for death or personal injury caused by its staff or supplier’s negligence or for fraud.
5.7 You hereby agree to release and hold harmless Sony, its parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies and its respective employees, officers, directors, agents, representatives, shareholders and Prize partners (collectively, the “Releasees”) from any claims, actions, injury, loss or damages of any kind, including but not limited to, 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 Prize Draw, personal injury or death (except for liability for death, personal injury and damage or loss caused by negligence, which is not excluded) resulting from participating in this Prize Draw or from the acceptance, possession, or use or misuse of any Prize awarded or participation in any Prize-related activity. This limitation of liability is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and claims of third parties. Eligible participants agree that Releasees have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to, the implied warranties of merchantability, title, and fitness for a particular purpose), in fact or in law, relative to the Prize Draw or the Prize awarded. Without limiting the generality of the foregoing, Releasees do not make any express or implied warranties or representations with respect to any promotional web site and Releasees shall not be liable for the consequences of any interruptions or errors related thereto. These terms give you specific legal rights. The provisions regarding implied warranties are void in some jurisdictions where implied warranties are prescribed by law.
5.8 Should one or more provision of these Terms and Conditions and Rules be unlawful, void, or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and enforceability of the remaining provisions and the remainder of the Terms and Conditions and Rules will thus remain in full force and effect.
6. Privacy and Data Collection
6.2 The Winner(s) agrees to keep confidential any knowledge about the Artist, Sony and its business and personnel received by them as a result of their Prize.
6.3 Unless you tell us otherwise, your details will not be shared with selected third parties for marketing.
6.4 For the avoidance of doubt Sony will be the data processor of the personal data collected from you and/or third parties in order to enter you into the Prize Draw.
6.5 By submitting your Entry to this Prize Draw, you expressly permit Sony (and its licensees, affiliates and assigns) to identify you as the contributor of such Entry and the content of such Entry to the Prize Draw in any publication in any form, media or technology now known or later developed, unless you otherwise notify Sony in writing at the time you submit your entry written notification can be sent to Tom Odell – tour tickets/M&G, Sony Music Entertainment UK Limited, 9 Derry Street, London, W8 5HY.
7.1 The Rules and this Prize Draw are governed by the laws of England and Wales and any dispute will be subject to the exclusive jurisdiction of the Courts of England.