NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- Promotion Description: The Warsteiner Music Contest (the "Contest") begins on 10/08/2020 at 18:00 PM (CET) and ends on 18/08/2020 at 11:59 PM (CET) (the "Promotion Period"). By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of ESL Gaming GmbH and Warsteiner Brauerei Haus Cramer KG (collectively the "Sponsor"), which shall be final and binding in all respects. Sponsor is responsible for the collection, submission or processing of Entries and the overall administration of the giveaway. Entrants should look solely to Sponsor with any questions, comments or problems related to the Contest.
- Eligibility: Open to legal residents of all countries who are eighteen (18) years of age or older at the time of entry (the “Entrant(s)”). The potential winners of this Contest may be required to show proof of residency. Void where prohibited or restricted by law. Sponsor and their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (collectively, the "Promotion Entities"), and members of their immediate families and/or persons living in the same household as such persons, are ineligible to enter the Contest.
- Winner Selection: All submitted songs (the “Song(s)”) from among all eligible Entries received throughout the Promotion Period will be screened and preselected by a jury consisting of members of the Sponsor, Warsteiner and Enter Records. Jury voting will take place from 19.08.2020 00:00 AM to 23.08.2020 11:59 PM. Out of all submissions, five (5) Songs will be announced shortly after the submission portal closed and will be presented to the ESL community during the ESL One Cologne 2020. Only submitted Songs with vocals/a topline will be considered as winner to the competition. Purely instrumental productions will not be considered for the Contest. The ESL community can vote for their favorite Song on the dedicated ESL website https://www.esl-one.com/csgo/cologne/warsteiner-music-contest, starting on August 24th, 2020 (one vote per person). Combining community and jury votes on August 29th, 2020, the overall winner will be announced before the Grand Final on August 30th, 2020.
The winner of the Contest will be notified via the Label Radar Platform (the “Platform”) via the provided contact information during the submission process and/or by email at the email address provided in the Entry Information within four (4) weeks after the end of the Contest. Potential winner must accept by email as directed by Sponsor within 72 hours of notification. Any winner notification not responded to within 72 hours after having received such notification by Sponsor or returned as undeliverable may result in win forfeiture. If the winner does not respond within the specified period, the claim to the win expires. In such an event Sponsor shall be entitled to carry out a replacement draw in order to determine a new potential winner.
The winner of the Contest will be approached by Enter Records with a single track-deal. Such deal shall be subject of contract being the winning Song.
- Online Entry: Enter the Contest during the Promotion Period online by signing into the entry form and perform the tasks provided. The entry form can be found on the following website at www.labelradar.com/opportunities/ESLoneCologne/portal. Automated or robotic Entries submitted by individuals or organizations will be disqualified. Internet entry must be made by the Entrant. An Entrant can submit up to five (5) songs. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins or any other methods, including, but not limited to, commercial contest/sweepstakes subscription notification and/or entering services, will void that Entrant's Entries and that Entrant may be disqualified. Final eligibility is subject to eligibility verification as set forth below. All Entries must be posted by the end of the Promotion Period in order to participate. Only submissions through the Platform via the Sponsor website submission form, to be found at www.labelradar.com/opportunities/ESLoneCologne/portal, shall be deemed eligible for participation in the Contest.
Relevant terms and conditions of the Platform shall apply.
- Exclusion: A violation of these Terms and Conditions entitles us to exclude the respective Entrant from participation. This applies in particular if the Entrant makes false statements or if the submitted Song or other content (e.g. comments) used violate applicable law or the rights of third parties. The same applies to any material that may be considered glorifying violence, offensive, harassing or degrading, or that otherwise violate social decency.
In the event that the excluded Entrant is a winner who has already been drawn, Sponsor reserves the right to subsequently withdraw the prize.
- Warranties: Every Entrant hereby represents and warrants, as for the Promotion Period and continuing throughout the Term, that (a) it has all necessary rights, power, legal capacity and authority to enter into and fully perform the terms of these Terms and Conditions; (b) its entry into and the upload of the Song (including the grant of rights) will not infringe any third party rights or conflict with any other obligation it may have to any third party; and (c) it complies with all applicable laws with uploading the Song to the Platform.
- Premature termination and amendments: Sponsor reserves the right to prematurely terminate the competition in whole or in part without reason at any time or to change its course if it is not possible to guarantee the proper execution of the competition for technical (e.g. computer virus, manipulation of or errors in software/hardware), legal or other reasons.
Processing personal data is done within the legal framework provided by the General Data Protection Regulation of the European Union (“GDPR”). The data will be processed for a specific purpose and based on a legal basis provided by the GDPR. The processing of personal data of Entrants of the Contest is especially based on the necessity to conclude or perform a contract with the Entrant (Art. 6 para. 1 let. b) GDPR) and the legitimate interests of the Sponsors and other Promotion Entities that process personal data (Art. 6 para. 1 let. f) GDPR), e.g. publishing the winner’s name.
As a data subject, every Entrant has the rights granted to it, namely:
- Right of information (Art. 13 and 14 GDPR).
- Right of access (Art. 15 GDPR).
- Right to rectification (Art. 16 GDPR).
- Right to erasure (“right to be forgotten”) (Art. 17 GDPR).
- Right to restriction (Art. 18 GDPR).
- Right to data portability (Art. 20 GDPR).
- Right to object (Art. 21 GDPR)
- Right to lodge a complaint (Art. 77 GDPR).
- Right to withdraw consent (Art. 6 para. 1 let. a) GDPR or Art. 9 para. 2 let. a) GDPR).
- Right to not be subject to a decision based solely on automated processing (Art. 22 para 1 GDPR).
- Granting of rights of use: The Entrant guarantees to be the owner of the necessary rights to the uploaded Song. If the Entrant is not the sole author or rights holder, he/she expressly declares that he/she has the necessary rights to participate in the Contest.
Entrant grants to Sponsor and their respective licensees, successors, and assigns (herein collectively called the “Licensed Parties”), the following non-exclusive rights of use to the Song uploaded by the Entrant for the purpose of the Contest:
- a) the right to use Entrant’s name and nickname/stage name (collectively referred to as “Entrant’s Name”) during the ESL gaming tournament ESL One Cologne Online 2020 (the "ESL Tournament"), with the resulting work in which Entrant’s Name and Song is embodied referred to as the “Recordings”; and
- b) the non-revocable, sublicensable and worldwide right to exploit any and all Recordings, in particular Entrant´s Name and Song included in the Recordings, in whole or in part, in all media now known or later created, in particular to broadcast and/or to make available on-demand such Recordings for any purpose for the Term of twelve (12) months after the ESL Tournament. Sponsor and Licensed Parties shall be under no obligation to delete Entrants’s Name and Song in any social media postings, VODs, retransmissions, rebroadcasts or any other materials containing Entrant’s Name and Song that have been produced during the Term. The rights granted to the Licensed Parties shall exist regardless on what technology the exercising of the rights is based; the grant of rights does in particular not depend on the type of data transmission (analogue or digital), the means currently used for data transmission, the customers' receiving devices (stationary, mobile devices and/or any other device technically capable of accessing and/or displaying the Recordings) or the customers' receiving software (e.g. browser or app) or whether the Recordings are provided to the end customer for a fee (e.g. basic pay, pay per view, pay per month, transactional-based or subscription-based) or free of charge (e.g. free TV, free-ad-based VOD or free VOD).
Entrant agrees that all Recordings taken by the Licensed Parties are owned by the Licensed Parties and that the Licensed Parties have unlimited editing rights (i.e. to shorten the Recordings, divide them, cut them, combine them with advertising and/or other works) and may use and reuse such Recordings in particular for the purpose of marketing and promotion of the ESL Tournament. Additionally, the Licensed Parties may copyright material containing the same.
Entrant agrees that no material and/or Recordings needs to be submitted to Entrant for any further approval, and the Licensed Parties will be without liability to Entrant for any distortion or illusionary effect resulting from the use or publication of Entrant’s Name and Song.
Entrant agrees that no payment is required or incurred by the Licensed Parties for the rights granted herein or the uses contemplated hereunder.
When using the Song, Sponsor shall identify the author in a suitable manner, insofar as this is feasible in consideration of the specific form of use.
- Limitation of Liability: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website 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 submissions in the Contest. Sponsor assumes no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay of operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Entrant's or any other person's computer related to or resulting from participating downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. In such event, Sponsor may, in its sole discretion, perform the random drawing from among all eligible Entries received prior to or after such cancellation, suspension, or modification. In the event of a dispute concerning who registered online to participate in the Contest, the registration will be declared to have been made by the authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible.
The Entrants shall indemnify Sponsor and our affiliated companies against claims of third parties of any kind resulting from the illegality of materials used by the Entrants. The indemnification obligation also includes the obligation to fully indemnify the organizer and its affiliated companies from legal defense costs (e.g. court and reasonable attorney's fees).
- Sponsor: The Contest is sponsored by
ESL Gaming GmbH, Schanzenstraße 23 51063 Cologne, Germany, firstname.lastname@example.org
Warsteiner Brauerei Haus Cramer KG, Domring 4-10, 59581 Warstein, Germany
- Term: These Terms and Conditions shall commence on the beginning of the Promotion Period and thereafter shall remain in effect for twelve (12) months after the ESL Tournament (the “Term”).
- Final Provisions: Should these Terms and Conditions contain invalid provisions, the validity of the remaining provisions shall remain unaffected.
- Governing law: These Terms and Conditions and the interpretation hereof shall be governed exclusively by German law. In the event of dispute, the courts of Cologne, Germany, shall have exclusive jurisdiction.