CONDITIONS OF PARTICIPATION IN THE ‘SOUNDDOWN’ PRIZE DRAW
  1. Scope, entry and prize draw process
    1. Entry into the ‘Sounddown’ ticket raffle (‘prize draw’ below) is subject to the following conditions of participation. The prize draw is held by HamburgMusik gGmbH – Elbphilharmonie und Laeiszhalle Betriebsgesellschaft, Dammtorwall 46, D-20355 Hamburg, Germany (‘organiser’ below).
    2. Entry is free and only possible if the entrant agrees with the validity of these conditions of participation. Only fully legally competent, natural persons aged 18 years and over, who have a public Instagram account, or internet access, or who are on location at the event, are eligible. Each entrant is only allowed to enter the prize draw once. The total number of entrants is unlimited. Employees of the organiser, of enterprises associated with the organiser and third parties involved in holding the prize draw (e.g. cooperation or agency partners that are involved), as well as their relatives, are not allowed to enter the prize draw.
    3. The prize draw begins on 01/10/2016 and ends on 31/12/2016, (23:59 hours, CET). Late entries cannot be counted. To enter, the user must publish a video contribution (min. 3 seconds) on their public Instagram account, in which they make a sound of their choice (e.g. clicking their fingers) and post this video contribution with the hashtag #WinElphiTickets. Alternatively, an entrant can also appear in a video made on location at events or upload a video to the website www.sounddown.de (‘website’), as described above, and leave their contact details with the roadshow promoters or enter them on the website. All of the videos made in this way will be integrated into a web special. For this purpose, the videos will first be edited in length to one second and cut with videos from other users or entrants. Screenshots will also be made from videos that are posted by 31/10/2016, and published in large, prominent advertising collages (e.g. at Dock 10 opposite the Hamburg landing stages).
  2. Prize and deciding winners
    1. Two tickets for the opening concert of the Elbphilharmonie on 11 or 12/01/2017 will be raffled off randomly among all of the entrants on one occasion.Prizes cannot be paid in cash.
    2. The winner will be informed of their prize on 02/01/2017 via an email or private Instagram message and possibly by a link to their Instagram account / user name in a winner post on Instagram. In their prize notification, the winner is asked to register themselves and their guest for the opening concerts of the Elbphilharmonie within 48 hours. The prize notification contains all of the information required for registration. If the winner does not register themselves and their guest with 48 hours of receipt of prize notification, their prize will be forfeited and a new winner will be decided. To enable them to register for the opening concerts of the Elbphilharmonie, it is necessary to collect, save and process the personal data of the winner and their guest, because all attendees of Elbphilharmonie opening concerts can be subject to official security screening. Security screening can include enquiries to central proceedings registers (e.g. those of the public prosecutor’s office, the police and other registration offices) and exists for the purpose of assessing preventative protection concerns. The personal data collected for security screening is only used for the screening itself and will be deleted after the event has been held. The winner therefore undertakes to provide complete and accurate information when registering themselves and their guest, with their consent. The personalised prize tickets are not transferrable to other persons and are either sent to the winner or issued at the venue on the day of the event, free of charge. Additional costs associated with redeeming the prize, e.g. travel and visa expenses etc., must be paid by the winner.
    3. The organiser reserves the right to contact the winners and to discuss and agree possible means of communication, either by itself or through the agency partner that is managing the prize draw (Jung von Matt AG, Glashüttenstraße 79, D-20357 Hamburg, Germany). These means of communication require the separate agreement of the winners.
    4. The organiser can refuse issue or redemption of the prize or subsequently disallow issue or redemption or ask for the prize to be returned, if the winner violates the conditions of participation, uses unauthorised assistance or manipulates or has tried to manipulate the workings of the prize draw. The same applies in cases where security screening of the winner or their guest yields a negative result.
  3. Data protection terms
    1. Entry into the prize draw is free and only possible if the entrant agrees with these data protection terms. Within the meaning of data protection law, the responsible body is the organiser. By entering the prize draw, the entrant declares their agreement with the validity of these data protection terms.
    2. When an entry into the prize draw is made, the organiser’s technical partner that manages the prize draw, BOOM (BOOM GmbH, Borselstraße 20, D-22765 Hamburg, Germany), collects, process and saves the relevant videos with screenshot, the relevant Instagram content ID number, user ID number and the user name of the entrant or their details as entered into the input fields of the website, on behalf of the organiser, solely for the purpose of processing the technical aspects of the prize draw. If an entrant subsequently wants to remove their contribution from the prize draw, the technical partner saves further information provided by the entrant, in order to be able to guarantee removal. The data in question will only be used for processing the prize draw and will be deleted afterwards.
    3. In the event of a win, the organiser, if necessary using a third party instructed by the organiser for this purpose (e.g. its agency partner Jung von Matt AG, Glashüttenstraße 79, D-20357 Hamburg, Germany), will collect, process and save the personal information to be provided by the winner about the winner and their guest (‘winner data’ below) in order to process the prize. Furthermore, in the event of official security screening, winner data can be forwarded to the authorities conducting the security screening. Security screening can include enquiries to central proceedings registers (e.g. those of the public prosecutor’s office, the police and other registration offices) and exists for the purpose of assessing preventative protection concerns. The personal data collected for security screening is only used for the screening itself and will be deleted after the event has been held.
    4. Furthermore, every entrant has a right to free information about use, as well as, if applicable, a right to correction, blocking or deletion of their personal data, as well as to withdrawal consent to saving their personal data. If there are questions about how a user’s data is processed and for information, correction, blocking or deletion of data, as well as for withdrawal of consent, entrants can contact the organiser at any time, by sending an email to mail@elbphilharmonie.de.
    5. Use of Instagram complies with Instagram’s data protection guidelines, which users can read here. Use of the website complies with the data protection statement of the organiser, which users can read here.
  4. Rights of use
    1. By posting a video with the hashtag #WinElphiTickets on their public Instagram account or uploading a video to the website or by appearing in a video made on location at Sounddown Roadshow events and leaving their contact details and giving their consent with their signature, the entrant grants the organiser non-exclusive, free, irrevocable licence, for an unlimited period of time and area, to use the video or clips of the video in all applications, whether known or unknown, in all media (e.g. on the internet or in online-based communication channels or online-based advertising channels and services, in social media and in print and other advertisements), commercially or non-commercially, physically and non-physically, as well as, in particular, to publish, host, save, copy, broadcast (including rental/hire), exhibit, screen or otherwise publically reproduce (in particular, send or make publically accessible) the video or clips of the video, as a whole or in part, and to use it in other ways, if this is necessary for realising the campaign; to change, adapt, further develop, process, redesign and rework it (including the right to translate and transcode, decompile, disassemble, reassemble and emulate), while safeguarding the inherent rights of the author, to produce, use, publish and exploit derived works or new works derived from and/or based on the video or clips of the video; to combine it with other content and to use it in combination with all other content; and to sub-licence, transfer or cede rights granted pursuant this contract free to third parties (e.g. agency or technical partners).
    2. The entrant declares that they are the holder of all rights necessary for this (copyright and industrial property and personal rights) and holds those involved in the prize draw harmless against its own claims and the justified claims of third parties. The organiser is not obligated to check the videos to make sure that the entrant is authorised to send them or whether there are any legal infringements, and takes no responsibility for content of any kind. The entrant undertakes not to post any content that is illegal, misleading, malicious, discriminatory, pornographic, threatening, offensive, obscene, defamatory, ethnically offensive, that incites violence, is upsetting, unsuitable for minors, racist, xenophobic or otherwise abhorrent or reprehensible and to create and post content that is free from viruses, worms, Trojan horses and other harmful codes.
  5. Other terms
    1. The organiser reserves the right to change the period or conditions of the prize draw or to break off or end the prize draw without giving advance notice and without giving reasons. The organiser can make use of this, in particular, if proper processing of the prize draw cannot be guaranteed for technical or legal reasons.
    2. The prize draw has no economic or legal connection with Instagram and is subject (as far as possible) to the law of the Federal Republic of Germany. With regard to holding the prize draw, deciding on the winner and issuing the prize, any recourse to legal proceedings is excluded (as far as possible).