Trespass America Spotify Terms & Conditions
SPOTIFY PROMOTION T&Cs
Spotify Trespass America Free Prize Draw (the “Promotion”)
Terms and Conditions
1. This Promotion is run by Spotify USA, Inc whose principal place of business is 76 9th Avenue, Suite 1110, 11th Floor, New York, NY 10011 (“Spotify”).
2. By entering this Promotion you agree to these terms and conditions which will at that time become binding between you and Spotify. Your participation in the Promotion is in consideration for Spotify allowing you to enter it and giving you the opportunity to win.
3. No purchase is necessary in order to enter the Promotion. There is no fee charged to enter into this Promotion other than the cost of you accessing the Internet which you would otherwise have.
4. You must be over 13 and a resident of the US, UK, Germany, Austria, Spain, France, Portugal, Switzerland or Finland to enter into this prize draw and receive the prize if you win. Entrants under the age of 18 must have their parent’s or guardian’s permission to enter the Promotion. Employees of Spotify or any of its group companies or its agencies associated with this Promotion are not eligible to enter or participate. Only one entry per person is permitted. Multiple entries using multiple accounts related to the same person will be disqualified. Entries generated by script, macro, bot, or other automated means will be disqualified.
5. The Promotion will start on 12 July 2012 and all entries must be received not later than 2359 hours (EST) on 19 July 2012 at which time the offer of this Promotion will end.
6. The prize for the Promotion is one pair of platinum VIP tickets to one Trespass America show of winners choosing, CDs from each band (excluding Killswitch Engage) and a drumhead signed by all the bands on Trespass America. To accept the prize, winners must agree to Spotify’s end user agreement http://www.spotify.com/uk/legal/end-user-agreement/. To enter, entrants must subscribe to the Trespass America Spotify playlist entitled “Trespass America” whereupon the action of subscribing will enter the user into the Promotion and will post the album to the user’s Facebook wall and newsfeed. Any pictures used to promote the prize are for information only. There is no cash alternative instead of the prize.
7. Spotify will select 1 winner at random from amongst the complete entries on 20 July 2012. Spotify’s decision is final and no correspondence will be entered into. The winners will be contacted via email and their details may also be posted online.
8. Every reasonable effort will be made to contact the winner(s). If a winner cannot be contacted within one week of the Promotion end date, the prize will revert to Spotify and may be awarded to another entrant at Spotify’s absolute discretion.
9. Your personal information will be used by Spotify to conduct the Promotion, for participation in the prize and in accordance with Spotify’s Privacy Policy, currently located at https://www.spotify.com/uk/legal/privacy-policy/. In addition to the Privacy Policy, if you are a winner of a prize, Spotify may use your information collected during the Promotion for marketing or promotional purposes, including using your name and likeness to announce the winners online as described above in section 7. By entering into this Promotion, you agree to the processing by Spotify of your personal information for the purposes and in the manner set out above and in the Spotify Privacy Policy.
10. Except as otherwise required by applicable law, Spotify is not responsible for any loss or damage associated with you entering into this Promotion, the carrying out of the draw or the provision or otherwise of any aspect of any prize or any act or omission of any other person or party, and all warranties, conditions and representations (of any kind) not expressly set out in these terms and conditions are hereby excluded.
11. Spotify may terminate these terms and conditions, the Promotion or any prize if you do not comply with any of these terms and conditions or are unlikely to do so, if Spotify decides in its absolute discretion to withdraw the Promotion before any winners are notified, or thereafter if any circumstances beyond Spotify’s reasonable control prevent or restrict Spotify or any other person or party from providing the prize or any aspect of the prize. Spotify reserves the right to disqualify any entrants at its sole discretion if it has reasonable cause to believe that such entrants are not acting in good faith in relation to the Promotion, are paying or otherwise incentivising any person in any voting process (if relevant) or are in any other way acting against the interests of fairness and in a way that may be detrimental to other entrants.
12. You agree that (unless applicable law requires otherwise) any right that you have under applicable law to cancel ends when the winner of the Promotion is announced. If thereafter you cannot participate in any prize for reasons beyond your reasonable control, you must notify Spotify and Spotify may in its absolute discretion give that prize to someone else.
13. You may not assign or transfer your rights or obligations, or subcontract your obligations, under these terms and conditions, such as giving a prize to anyone else, without Spotify’s prior written consent. Spotify may assign or transfer its rights or obligations, or subcontract its obligations, under these terms and conditions without your consent.
14. These terms and conditions, and any instructions from Spotify, constitute the entire agreement between you and Spotify, superseding any prior agreements between you and Spotify. Any failure or delay by Spotify in exercising or enforcing, or partial exercise or enforcement of, any right or provision of these terms and conditions shall not constitute a waiver of such right or provision (or waive any further exercise or enforcement) or any other right or provision. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision and the other provisions of the terms and conditions will remain in full force and effect.
15. These terms and conditions and all matters arising from or in connection with them are governed by the laws of the State of New York and the courts of the State of New York will have exclusive jurisdiction.
