COMMONFOLK RECORDS
“Ziggy Alberts DANCING IN THE DARK Pre-Save Competition 2022”
TERMS & CONDITIONS

 

1.1 This competition is conducted by Commonfolk Records [ABN: 14 620 430 668] whose registered office is on the Sunshine Coast, QLD. (“Promoter”)
1.2 This competition is promoted by Ziggy Alberts via social media and associated digital platforms (“Host”)
1.3 Persons accept Terms and Conditions outlined below by participating in this competition.

• This competition is only open to individuals who: 

1. are aged 18 years and over; entrants under the age of 18 must seek prior permission from their parent or guardian to enter this Competition. Any such entrant without this permission is not eligible to enter the Competition.
2. have a valid Spotify account or valid Apple Music Account;
3. have a valid email address;
4. are not employees of the Promoter, or their associated companies, agencies or families;
5. who have completed the competition entry steps (“Entrant”)

 

3.1 This competition commences at 4 PM AEST on 20 October 2022 and closes at 11:59PM AEST on 3 November 2022. After this close date, no further entries to the competition will be permitted.  (“Entry Period”).

• To enter using Spotify;

1. Step 1: Follow the prompts on the webpage https://lnk.to/DANCING-IN-THE-DARK (“Entry Page”).
2. Step 2: Follow the prompts on the Entry Page and;
   1. Login to your Spotify account and follow the prompts. By connecting your Spotify Account and following the prompts you agree that you will automatically;
   2. Pre-save the Ziggy Alberts album entitled “DANCING IN THE DARK” on Spotify available on 4 November 2022 (compulsory);
3. Step 3: Follow the prompts on the Entry Page and login to your Spotify Account or use your personal Facebook Connect to login to your Spotify account and accept the terms and conditions. When you pre-save the Ziggy Alberts album entitled “DANCING IN THE DARK” on Spotify, the following information will be collected from your Spotify Account - your registration data, as defined and in accordance with Spotify’s Privacy Policy.
   1. Tick the box stating “Yes, I'd like to receive news and promotions from the artist and their record label”.
   2. Click the “subscribe” button.
4. Step 4: By entering these details the Entry Pre-save Page you acknowledge you are opting-in to Ziggy Alberts official mailing list and accept the terms and conditions. Data held by the Promoter will be managed in accordance with the Promoters and Host’s privacy policy.
   • To enter using Apple Music;

1. Step 1: Follow the prompts on the webpage https://lnk.to/DANCING-IN-THE-DARK (“Entry Page”); and
2. Step 2: Follow the prompts on the Entry Page and login to your Apple Music account and follow the prompts to complete the two-step verification if prompted and accept the terms and conditions.
3. Step 3: Follow the prompts on the Entry Page and pre-add the Ziggy Alberts album entitled “DANCING IN THE DARK” on Apple Music during the Entry Period (compulsory);
4. Step 4: When you follow the Ziggy Alberts album entitled “DANCING IN THE DARK” on Apple Music the following information will be collected from your Apple Music Account - your registration data, as defined and in accordance with Apple Music’s Privacy Policy.
5. Step 4: By entering these details the Entry Page you acknowledge you are opting-in to Ziggy Alberts official mailing list and accept the terms and conditions. Data held by the Promoter will be managed in accordance with the Promoters and Host’s privacy policy.

3.4 Entrants must enter during the Entry Period to be eligible to win the prize. The time of entry will in each case be the time the registration is received by the Promoter’s database. No responsibility is accepted for late, incomplete, lost or misdirected entries
3.5 The Promoter only allows one (1) entry per entrant and per email address
3.6 All entries shall be and remain the property of the Promoter and may be used in future commercial and marketing exercise’s in relation to the Host only.
3.7 There is no fee payable to the Host or the Promoter to enter this competition. 
3.8 The Promoter reserves the right to cancel or amend the competition and these terms and conditions without notice. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

4.1 There are four (4) prizes in total that will be awarded to four (4) individual entrants chosen through Sweepstakes (refer to “5. How to Win”)
4.2 The major prize winner (1) will receive
One (1) x personalised video message and one (1) x acoustic Ziggy Alberts song of choice performed by Ziggy Alberts as a video file. Not available in person or live online formats. Value AUD$2500+
 
4.3 The three (3) runners-up will each receive
One (1) x signed test press DANCING IN THE DARK vinyl. Value AUD$75
 
4.4 Prize value is based upon the recommended retail prices as at 20 October 2022 and Commonfolk Records accepts no responsibility for any change in prize values between now and the date that various prizes are claimed.
4.5 The major prize video/s are licensed, not sold, you are receiving the right (or license) to the video/s.

1. Commonfolk Records hereby grants to you the following limited rights to use the Ziggy Alberts Video/s solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
2. You may not sell, resell, commercialise, or encumber your rights in any offering, including creating a non-fungible token (“NFT”) except as agreed by Commonfolk Records in advance in writing. You may sublicense your rights only to the extent necessary for you to use the Ziggy Alberts Video/s as permitted under these Terms (for example, sharing it with friends or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above).

4.6 Ownership of the major prize, you acknowledge and agree that the Ziggy Alberts Video/s or other offering is owned by Commonfolk Records/talent who created it.

1. You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.

4.7 Should any part of the prize be unavailable due to unforeseen circumstance or reasons beyond the control of the Promoter, the Promoter may at its discretion vary or amend prizes so as to provide a reasonable alternative prize and the Winner agree that no liability shall attach to the Promoter or parties connected to the Promoter as a result.
4.8 The prize is not transferable and cannot be redeemed for cash or other goods or services and cannot be taken in parts.
4.9 If for any reason any winner does not (or is not able to) claim the prize - in element or in whole – at the time stipulated by the Promoter then that prize will be forfeited, and cash will not be awarded in lieu of that element or prize in whole. The Promoter will ensure the Prize/s are delivered and/or shipped to the Winner/s as soon as available and feasible. 5.1 The Winner/s will be drawn randomly, in a process of Sweepstakes. The Winner/s will be randomly selected by the Host from all entries collected in methods as mentioned and set out above in Section 3.
5.2 The Prize Draw will be held on 7 November 2022 (“the Prize Draw Date”) at Commonfolk Records, PO Box 9229 Pacific Paradise QLD 4564 (“the Prize Draw Location”). The Winner/s must acknowledge receipt of winning notification by 9am AEST on 21 November 2022 to claim their prize.
5.3 The Promoter will attempt to notify the Winner/s via email within 24 hours of the draw being completed. It is the Entrant’s responsibility to ensure that their contact details remain active to enable the Host to contact the Entrant if they win. If you are chosen as the Winner and your contact details have changed since your entry, the Promoter reserves the right to disqualify your entry and select an alternative winner.
5.4 If any of the following circumstances apply, the Winner will be deemed to have forfeited the prize and an alternative winner may be selected from the remaining eligible entrants using the process set out above in Section 3;

5. If the potential winner has not claimed their prize by the date specified in the winner notification, the promoter reserves the right to conduct a further draw in accordance with section5.2 to award the prize to another entrant;
6. The winning prize notification and communication is returned as non-deliverable;
7. The Promoter determines non-compliance with any of these T&Cs.

1. Privacy

• The Entrant acknowledges and agrees that their personal information will be;

1. collected by the Promoter for the purpose of administering the competition and arranging for the prize to be provided to the winning Entrant; and
2. collected by the Host for marketing purposes, as described above and accepted in terms and conditions of entry.

6.2 The Promoter is bound by the Australian Privacy Act 1988 (Cth) in relation to the handling of personal information. The Promoter’s handling of Entrants personal information is in accordance with the Promoter and Host’s Privacy Policy. 7.1 This competition is in no way sponsored, endorsed, administered by or associated with Instagram or Facebook or any other online social media platform. In conducting this competition, the Host in no way sponsors, endorses or is associated with Instagram, Facebook or any other party associated with the delivery of the prize.
7.2 The Entrant and the Promoter will be subject to the terms and conditions of Instagram, Facebook, Spotify, Apple Music and or any other online social media platform which may allow unrestricted use and modification of the Entry including the Material contained in the Entry.  The Host gives no warranties that it can or will seek to control how personal information contained in the Entry or Material is subsequently used or modified by third parties.
7.3 Commonfolk Records shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such changes shall be effective immediately upon posting to this webpage.
7.4 The Entrant completely releases Instagram, Facebook, Mailchimp or any other online social media platform from any claims, demands, liability, damages and causes of action, losses, costs or expenses, in relation to this competition including, without limitation, the supply of the prize.
7.5 If this competition is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter may, in its absolute discretion and to the fullest extent permitted by law, modify, suspend, terminate or cancel this competition.
7.6 The Promoter may vary or amend these Terms and Conditions at any time, whether during or after the Entry Period.
7.7 To the full extent permitted by law, neither the Promoter nor the Host is liable for any injury, damages, expenses or loss whatsoever (including but not limited to indirect or consequential loss) to persons or property by reason of any act or omission, deliberate or negligent, by the Promoter, the Host, or its officers and agents in relation to this competition, including without limitation, the supply of the prize.
7.8 To the full extent permitted by law, the Promoter and Host is not liable, and will not pay compensation for any injury, damages, expenses or loss whatsoever (including but not limited to indirect or consequential loss) to persons or property by reason of:

1. the prize being lost or stolen; or
2. the winning Entrant being unable to use the prize; or
3. the winning Entrant’s acceptance and/or use of the prize.

This clause does not operate to limit the rights or obligations of the parties imposed by the operation of the Australian Consumer law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) to the extent that they may not be limited or excluded, in which case the terms of the ACL shall apply.
7.9 No person shall be entitled to claim compensation or loss from the Promoter in relation to this competition including, without limitation, a failure by the Host to comply with these Terms and Conditions.
7.10 The Promoter’s decision in relation to any aspect of this competition is final and binding on the Entrant and no correspondence will be entered into. Failure by the Host to enforce any of its rights at any time does not constitute a waiver of those rights.
7.11 Each Entrant and Winner is responsible for obtaining their own independent legal advice.
7.12 These conditions forementioned constitute the entire agreement of the parties relating to the entry into and the conduct of this competition.
 
 
 
Terms of Service: https://ziggyalberts.com/pages/terms-of-servicez
Privacy: https://ziggyalberts.com/pages/privacy-policy