1.1. This Contest is operated by Different Is Different Records, with office at Schöneben 49, Liebenau 4252 Ausrtria (“Our”, “Us” and “We”).
1.2. The following are the terms and conditions (“Terms and Conditions”) for a Contest to win the prize as detailed in clause 5.1 below (“Contest”). The Contest is run through our Website’s contest page accessible at remix.didrec.com (“Contest Page”) and publicised on the following:
1.2.1. Our website accessible at: www.didrec.com (“Website”);
1.2.2. Our Facebook page accessible at: www.facebook.com/didrec (“Facebook Page”); and
1.2.3. Our Twitter page accessible at: www.twitter.com/didrec (“Twitter Page”); and
1.4. In addition to these Terms and Conditions, you hereby agree to, and agree to comply with, the policy of Soundcloud available at soundcloud.com/terms-of-use. You also agree to comply with the policies of Facebook and Twitter accessible at www.facebook.com/legal/terms and twitter.com/tos respectively (if applicable).
1.5. The Contest is in no way sponsored, endorsed or administered by, or associated with Soundcloud, Facebook or Twitter and if you enter the Contest, You release Soundcloud, Facebook and Twitter from any and all liabilities in connection therewith.
1.6. Please read these Terms and Conditions carefully. These Terms and Conditions set out who can enter the Contest, how the Contest will be run and the circumstances in which We may withhold all or part of the Prize and/or disqualify you. By submitting an entry for the Contest, you agree to be bound by these Terms and Conditions and agree that if you win, you will grant to Us the right to use your entry, your name and/or your image as set out below.
1.7. We reserve the right to cancel or amend these Terms and Conditions at any time without prior notice. When you enter the Contest you are deemed to accept the Terms and Conditions at the date you enter. Any amendments or cancellations to these Terms and Conditions will be posted on the Facebook Page, the Website, the Twitter Page and the Contest Page.
1.8. We reserve the right to disqualify you and/or report, remove or block you from (or remove your entry or comment from) the Facebook Page and/or the Twitter Page if your entry or any comment from you is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased/offensive, unethical, unlawfully threatening or unlawfully harassing to any individual, partnership, corporation or entity or if We have reasonable grounds to believe that you have breached any of these Terms and Conditions.
2.1. To be eligible to enter the Contest you must:
2.1.1. be resident in the Planet Earth;
2.1.2. be able to comply with all the Terms and Conditions; and
2.1.3. be at least 18 years old.
2.2. To be eligible to enter the Contest, You must not be an employee, agent or a director of, or a member of the family of an employee, agent or director of:
(a) Us or any of Our associated companies or subsidiaries; or
(b) any advertising agency or web company connected with Us.
3. Contest AND ENTRY REQUIREMENTS
3.1. To enter the Contest, you need to download the remix parts available at the Contest Page starting 01.03.2016 until 07.06.2016 and:
3.1.1. create a remix and upload it to your Soundcloud with title “Ken Ishii – Twitched [THE NAME OF THE AUTHOR OF THE REMIX] Remix”;
3.1.2. tag your remix “Ken Ishii Remix Contest”;
3.1.3. use the Contest artwork provided at http://remix.didrec.com; and
3.1.4. copy a biography of yourself no longer than 150 words long along with your Remix as track description on your remix in Soundcloud.
3.1.5. submit your Remix to the Remix Contest’s Soundcloud Group available here: http://remix.didrec.com
3.2. In order to upload your Remix, you will need to sign up to Soundcloud, accessible at http://www.soundcloud.com.
3.3. If you fail to tag your Remix correctly in accordance with Condition 3.1.2, your entry may be missed.
3.5. You can only enter this Contest once, but you can submit multiple takes of your Remix if you like. No third party entries, bulk entries or entries submitted by agents will be accepted.
3.5. There is no charge to enter the Contest; however, standard mobile data and internet connection charges may apply; as well as shipping charges of the prizes in case you win, which will be determined upon the end of the Contest.
3.6. We shall be entitled to reject any entry which We believe (i) has been copied from elsewhere; (ii) is defamatory, indecent or violates any third party’s rights, is offensive, unlawful, unethical, obscene, threatening, pornographic, harassing, hateful, racially or ethnically offensive, promotes political positions or actions, encourages conduct that would be considered a criminal offence, gives rise to civil liability, violates any law or is otherwise inappropriate, or contains advertisements or solicitations of business; (iii) includes false or misleading information; or (iv) otherwise breaches these Terms and Conditions.
3.7. Unfortunately, We cannot be held responsible for entries which are lost or corrupted or for any entries to the Contest which We do not receive as a result of any technical error, however caused. In addition We cannot accept any liability for any difficulties experienced in submitting an entry. Proof of entry or submission will not be proof of receipt by Us.
3.8. Any entries which are received outside the entry period stated in Condition 3.1 shall not be considered regardless of the reason.
4.1. We will review all entries received by Us in relation to this Contest which comply with these Terms and Conditions and an independent person will select, in his/her opinion, the best entry for that Concert (each a “Winner”).
4.2. The Winners will be notified by email and/or telephone within a reasonable time after the closing date specified in Condition 3.1.
4.3. Entrants will be judged on factors including (but not limited to), the quality of their Remix, the suitability of their Remix for the audience of Different Is Different Records, and your producer experience.
4.4. There shall be six Winners in relation to this Contest.
4.5. If We notify you that you have been selected as a Winner and you do not acknowledge such notification within 24 hours from the date of notification, then We shall be entitled to withdraw your selection as a Winner and We shall have the right to select an alternative Winner in Our absolute discretion.
4.6. We reserve the right to verify the eligibility of entrants. We may request such information as we consider reasonably necessary for the purpose of verifying the eligibility of an entrant and prizes may be withheld until and unless We are satisfied with the verification.
5.1. The Winners of the Contest will win a prize of, subject to these Terms and Conditions, products supplied by our sponsors that can be reviewed here http://remix.didrec.com (the “Prize”).
5.2. There are no Prize substitutions or cash alternatives and the Prize is not transferable.
5.3. Where for reasons outside of Our reasonable control We are unable to award the Winner the whole or any part of the Prize, for example due to ethical or logistic related issues to which such Winner’s Prize relates, We shall have the right to decide on and substitute all or part of the Prize offered for an alternative prize We reasonably nominate.
5.4. Each Winner shall be bound by any terms and conditions applicable to any shipment that they receive as part of his/her Prize (including, without limitation, the shipping company’s terms and conditions and usage rules).
5.5. Each Winner will be solely responsible for the shipping cost and possible customs fee at the Winner’s country, and any and all other expenses incurred in connection with their Prize. We assume no responsibility and are not liable for any costs, charges or expenses which any Winner may be required to pay at any time in connection with the Prize.
You agree that if you are the Winner you consent to Us using your name and/or image in Our publicity for the Contest and in such promotional materials as We see fit whether now or in the future, anywhere in the world and you agree that you will not be entitled to any payment for such use.
In all matters Our decision will be final and no correspondence or discussion shall be entered into with you or any other party on your behalf regarding the process or details of such decision.
7. LIMITATION OF LIABILITY
7.1. We cannot be held responsible for any costs incurred by you in entering the Contest (whether or not such entry is successful), in relation to you taking part in the Contest or, if you are a Winner, in utilising your Prize.
7.2. We will not be responsible for any losses you suffer as a result of Our breach of these Terms and Conditions unless those losses were reasonably foreseeable to both you and Us at the date you enter the Contest.
7.3. For the avoidance of doubt, We will not be liable to you, in contract, tort (including, without limitation, negligence) or otherwise in connection with the Contest for:
7.3.1. loss of revenues, profits, contracts, business or anticipated savings or loss of data; or
7.3.2. any loss of goodwill or reputation; or
7.3.3. any special or indirect or consequential losses;
7.4. Nothing in these Terms and Conditions shall exclude or limit Our liability:
7.4.1. for death or personal injury resulting from Our negligence or a deliberate act or omission of Us or any of Our officers, employees or agents;
7.4.2. for fraudulent misrepresentation; or
7.4.3. to the extent that liability cannot by law be excluded or limited.
7.5. We will not be liable for any damages or losses as a result of failure by Us to deliver the Contest, the Prize or any other prizes as a result of any circumstances outside of Our direct and reasonable control including, but not limited to, as a result of a server failure (including but not limited to access delays or interruptions, data non-delivery or mis-delivery), any act(s) of God, war or terrorism, alien invasion, nuclear war, breaches of security or unauthorised use of personal data arising from hacking and / or failure or lack of reception of telephone or mobile telephone networks.
8. YOUR LIABILITY TO US AND YOUR STATUTORY RIGHTS
8.1. You agree to fully indemnify Us in respect of all liabilities, damages, claims, actions, expenses (including reasonable legal fees), demands or costs incurred by Us as a result of any breach by You of the Terms and Conditions.
8.2. Nothing contained in these Terms and Conditions shall affect any statutory rights which you may be entitled to as a consumer.
9. YOUR DATA
10. GOVERNING LAW
These Terms and Conditions are governed by and construed in accordance with Austrian Law and any dispute arising from them shall be subject to the non-exclusive jurisdiction of the Austrian Courts.
11.1. For all enquiries, comments, feedback or further information please contact firstname.lastname@example.org.
11.2. The name of the Winners will be made available on receipt of a stamped self-addressed envelope by Us.
11.3. All enquiries regarding the Contest (including requests for a list of Winners) must be received by Us within 28 days of the closing date of the Contest as set out in condition 3.1.
© 2016 Different Is Different Records – All Rights Reserved