1. SCOPE OF THESE TERMS AND CONDITIONS:
a) These Terms and Conditions apply to the ‘Piano Day Competition’(“Competition”)as described below.
b) This Competition is run by Yamaha Music London, 152-160 Wardour Street, London, W1F 8YA, United Kingdom (“Yamaha Music London”).
c) By uploading their entry to participate in this Competition, entrants agree that they have read, understood, accepted and will comply with these Terms and Conditions.
2. COMPETITION – HOW TO ENTER
a) The Competition starts at 8:55 am on Friday 8thMarch 2019 and closes at 11.59pm on Thursday 28thMarch 2019 (“Competition Period”). Entries uploaded before or after the Competition Period will not be eligible.
b) The Competition is open only to residents of the United Kingdom,who are 13 years of age and older. Residents who are under the age of 18 must get permission from their parent or legal guardian before entering.Yamaha Music London employees and their family members, any agencies or anyone else professionally involved with this Competition, and all affiliates and employees of such companies, may not enter this Competition.
c) In order to enter the Competition, entrants must record a video of themselves playing all or an extract from Prelude in C major, BWV846 – J. S. Bach on any Yamaha piano. The video must be at least 60 seconds in length. No other pianos will be eligible. Entrants must upload the video recording to their own social media profile on Facebook using the hashtag #YMLPianoDayCompetition and #YamahaMusicLondon. Additionally entrants must follow @YamahaMusicLondon on Facebook and Instagram. Entrants must ensure that the video post is made public. No other social media platform or hashtag will be accepted. No other entry will be possible.
d) Once an entrant uploads a video recording which complies with the above requirements it will automatically be entered into to the Competition, subject to the entrant complying with these Terms and Conditions.
e) There is a limit of one entry per person. If multiple entries are made by the same person, all entries made by that person will be disqualified. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be disqualified. Incomplete or otherwise illegible entries will be disqualified.
f) No responsibility can be accepted for entries not received by Yamaha Music London for whatever reason.
3. COMPETITION – THE PRIZE
a) There will be one winner of the Competition ("Winner"), who will be selected by a panel of judges made up of Yamaha Music London staff ("Judging Panel") using the following criteria: absolute discretion, musical performance, instrumental skills of the performer, creativity, originality, individuality and impact of their performance. Please note that the video quality can have an impact on how well the Judging Panel can assess the video recording.
The Judging Panel will download all publicly available and visible videos on 11.59pm on Thursday 28thMarch 2019. Only the videos, which are publicly available and visible at that exact time can be judged by the Judging Panel and will therefore participate in the Competition.
b) The Winner will receive two (2) tickets for Peter and the Wolf Live at the Royal Albert Hall on Sunday 30thJune 2019 and a £25 gift voucher for sheet music, redeemable at the Yamaha Music London store only. No expenses are covered including travel costs, accommodation, meals.
c) Yamaha Music London will notify the Winner within 28 days after the Competition closes by sending them a Direct Message to the social media profile used by them to upload their video entry. The Direct Message will set out details of how the Winner can claim its prize.
d) If Yamaha Music London does not receive any reply from the Winner within 14 days after the initial Direct Message, or if a Winner is not in compliance with these Terms and Conditions whenever discovered, the prize expires and, at Yamaha Music London’s absolute discretion, an alternative Winner will be selected by the Judging Panel using the same criteria as set out at 3 (a) above.
e) The Winner cannot obtain a cash alternative or other substitution in lieu of any prize.
f) Yamaha Music London’s decision in respect of all matters to do with the Competition will be final and no correspondence will be entered into.
g) Yamaha Music London reserves the right to substitute any prize for a prize of equivalent or greater monetary value, if this is necessary for reasons beyond its control.
h) Yamaha Music London shall not be liable in any way whether for any dispute, disappointment or otherwise which may arise in connection with the Competition including the allocation of prizes.
i) Yamaha Music London is not responsible for inaccurate prize details supplied to it (and passed on to entrants) by any third party connected with this Competition.
j) The Gift Voucher can only be redeemed in GB pounds or sterling. The Gift Voucher cannot be used to purchase Gift Cards, Gift Vouchers or financial services. Multiple Gift Vouchers may be redeemed in the same transaction up to the value of the goods being purchased.
Gift Vouchers must be submitted upon redemption in store. Yamaha Music London reserves the right to refuse to accept a Gift Voucher that it deems to have been tampered with, duplicated, damaged or which otherwise is suspected to be affected from fraud.
k) The Yamaha Music London Gift Voucher must be used to make a purchase or purchases equivalent to the face value of the voucher, or as part payment to a value higher than the voucher. Any monetary value remaining after purchase(s) will not be exchanged for another gift voucher or credit note of a lesser value. Following the Yamaha Music London Gift Voucher being redeemed instore, any monetary value remaining after purchase(s) will not be exchanged for cash (Sterling or otherwise). The Yamaha Music London Gift Voucher cannot be used for purchases on the Yamaha Music London website. The Yamaha Music London Gift Voucher cannot be redeemed via telephone/mail-order. The Yamaha Music London Gift Voucher will be treated like cash. A lost, stolen or damaged Yamaha Music London Gift Voucher cannot be replaced.
4. COMPETITION –VIDEO CONTENT REQUIREMENTS
a) Yamaha Music London shall not be responsible for monitoring the entrants’ uploaded content. However, Yamaha Music London reserves the right to reject any entries or exclude any entrants that breach these Terms and Conditions.
b) Entrants are not permitted to upload any content which is defamatory, private, confidential, embarrassing, offensive, an infringement of any third party rights (e.g. someone else's copyright or trade mark), obscene, pornographic, indecent, vulgar, disparaging, discriminatory, hateful, threatening, harassing, false, unfair, illegal or misleading; or content which may cause alarm, upset or distress; or content which is otherwise unlawful.
c) ) By entering the Competition the entrant represents and warrants that:
i. In case of the performing person being the entrant – it owns the copyright of the video recording by the person(s) filming the performance and has the filming person(s)’ consent to the video recording being posted and reshared on social media platforms.
ii. In case of the the filming person being the entrant – it owns the copyright of the video recording by the person(s) performing and has the performing person(s)’ consent to the video recording being posted and reshared on social media platforms.
iii. the video recording does not contain any material owned by a third party (other than Prelude in C major, BWV 846 – J. S. Bach).
The entrant shall indemnify Yamaha Music London from any claims by third parties due to the entrant’s breach of its above mentioned warranties and responsibilities.
d) By entering the Competition, the entrant grants to Yamaha Music London an unlimited, worldwide, perpetual, royalty-free, irrevocable, non-exclusive licence to use the video recording uploaded by the entrant for the purposes of this Competition and for promoting its products and/or business. This licence includes the right for Yamaha Music London to edit, crop, adapt, modify, copy, publish, distribute and sub-licence the video recording in any way whatsoever. To the extent permitted by law, the entrant will be deemed to have waived their moral rights in the video recording.
5. DISCLAIMER:
Yamaha Music London shall not be liable for any failure to meet these Terms and Conditions where such failure is caused by any supervening circumstances amounting to force majeure. Such circumstances shall include, but shall not be limited to, technical problems, change of terms and conditions or decisions/actions/failure by any third party such as Instagram or Twitter, severe weather conditions, fire, flood, war, earthquake, riots, industrial dispute, terrorism, acts of god, or events that, without fault of either party, render performance impossible or incapable of satisfactory execution.
6. LIABILITY:
Without prejudice to the other statutory requirements for claims, Yamaha Music London's liability for damages shall be governed by the following disclaimers and limitations of liability.
a) Yamaha Music London’s liability shall be unlimited regarding damage from deliberate or grossly negligent violation of duty by Yamaha Music London or one of its legal representatives.
b) Yamaha Music London shall further be liable where the damage results from negligent violation of essential contractual duties. Essential contractual duties are all of those obligations, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the contract in the first place and upon their compliance the contractual partner may normally trust. In this case Yamaha Music London’s liability is, however, limited with regards to the amount, in accordance with the contractually typical foreseeable damage at the time of the conclusion of the contract.
c) Yamaha Music London’s liability shall not be excluded for injury to life, body, or health which is caused by a deliberate or negligent violation of duty by Yamaha Music London or where Yamaha Music London is subject to a mandatory legal liability, in particular liability in accordance with product liability law.
d) As far as Yamaha Music London’s liability is excluded or limited according to the above provisions, this also applies to the personal liability of Yamaha Music London’s legal representatives, employees, staff, and proxies.
7. PRIVACY POLICY:
a) This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, or any other Social Network.
b) Yamaha Music London may collect any personal data which is publicly available on an entrant's social media profile, including their name and social media name. Yamaha Music London may also request that the Winner provides further Personal Data including their name, age and address once the Winner has been selected. Entrants consent to this personal data being used by Yahama for the purpose of administering and executing the Competition and, in respect of the Winner, announcing his/her nameon the Yamaha Music London website and/or any of its social media channels. Any personal data processed by Yamaha Music London will otherwise be processed in conjunction with the following Privacy Policy found at: https://www.yamahamusiclondon.com/UK-Privacy-Policy-Data-Protection-Statement-and-Cookies-Information/
c) Details of the name and county of the Winner will be available for one month after the close of this Competition by writing to Yamaha Music London at aliceerman@yamahamusiclondon.com and stating the name and date of the Competition.
8. OTHER:
a) If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
b) These Terms and Conditions and any disputes or claims arising out of or in connection with them shall be governed by the laws of the United Kingdom.
