Terms & Conditions
1. Scope, modifications of the terms and conditions of use
“Live @ALOFT GERMANY Band Hunt 2015
1.1 The following terms and conditions apply to the competition sponsored by Starwood EAME Services Company BVBA, Rue Brederode 2-6, 1000 Brussels, Belgium (hereinafter referred to as the Organizer).
1.2 No other contractual terms or conditions apply unless the Organizer accepts them expressly in writing. By actively checking the appropriate box when prompted online, all participants accept these terms and conditions.
2. The Organizer
2.1 Starwood EAME Services Company BVBA is the sole Organizer of and the only party responsible for this video competition.
3.1 If you wish to participate in the video competition, go to http://www.liveatalofthotels.de.
3.2 All persons who are at least 18 years of age at the time of participation are eligible to participate in the competition except where prohibited by law. Starwood Hotels & Resort Worldwide, Inc. and their respective parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of competition materials (collectively, “Competition Entities”) and their employees, officers, directors and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) are not eligible to enter.
3.3 Participation is free of charge. Both the participation and the chances of winning are independent of the purchase of goods and services.
3.5 The participants agree to the use and storage of their data for the sole purpose of this video competition. The deletion of such data upon completion of the competition is regulated in provision 8.1.
3.6 The participation is subject to the condition that the video has not been published yet (in any format) and that no award was granted for the video in a competition. Entries must be in English or German. Any user who, in Organizer’s sole discretion, posts profanity, pornography or other objectionable content, containing any logos or any third party materials may be removed by Organizer from participating in the competition. The videos will be hosted on Youtube and must comply with the Youtube Terms of Service (https://www.youtube.com/t/terms
3.7 The participant guarantees that he or she holds the rights to the video (incl. Audio) submitted, as well as the unlimited exploitation rights to all video parts, that the video is free from third-party rights and that no personal rights are violated in case persons are depicted. Should one or more persons be depicted on the video in an identifiable manner, the relevant persons must agree to the publication of the video. Upon request, the participant must guarantee the above statement in writing. Should third parties still assert claims for infringement of their rights, the participant shall indemnify the Organizer against all and any such claims.
3.8 The participation is also subject to the use of a valid e-mail address.
3.9 Entrant hereby grants and irrevocably assigns to Organizer the transferable irrevocable, perpetual, worldwide right, title and interest in and to the Entry, unlimited in terms of territory, time and content, including all rights to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Organizer in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Sponsor-affiliated websites, and/or other Organizer-selected media) without any prejudice to the media used, i.e. print, online, social media. Entrant hereby disclaims any rights, including any copyright or any other intellectual property right, in or to the Entry following the assignment contemplated hereby.
4. Video competition promotion period, process, design, prize
4.1 The video competition promotion period shall start on Monday, June 15,2015 at 10:00 am CET time and ends on Sunday, 23. August 2015 at 10:00 am CET (the “Promotional Period”).
4.2 The winner will be chosen by the highest ranked video by votes among all participants (Status: Sunday, 23. August 2015 at 10:00 am CET) at the video voting competition under http://www.liveatalofthotels.de.
4.3 The video has to comply with all terms and conditions of this video competition in order to not be excluded from the final selection.
4.4 The winning band has to be available for the Aloft Hotels Openings taking place between September 7. 2015 - September 10. 2015 in Munich and Stuttgart, if the winning band is not able to participate at the event with a live performance, the next best band by voters shall be selected as a winner.
4.5 The prize for the winning video is the support by the Organizer for a song recording in collaboration with a recording studio chosen by the Organizer.
4.6 Organizer reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable. No substitution, transfer or resale of prize by entrant is permitted. All taxes related to the prizes are the responsibility of the individual winner, if applicable.
4.7 In order to be eligible to participate in the video competition and the voting, the participant must upload a video via the link http://www.liveatalofthotels.de.
4.8 Each participant may only participate in the video competition and enter his or her data once. Should one person participate more than once, only the last participation shall be taken into account. The Organizer shall reserve the right to disqualify a participant at any time without the obligation to give reasons or to notify the participant.
4.9. The Organizer reserves the right to select participants for live performances or promotion activities during the competition period.
4.10 On or about August 25. 2015 the winner will be chosen by the highest total likes counted on http://www.liveatalofthotels.de for the qualified video from all qualified participants. The winner shall be notified via the e-mail address stated by it in its submission.
4.11 The winner is requested to confirm within 72 hours. If a winner does not confirm or cannot be reached by direct message within 72 hours of first notification attempt, an alternate winner may be selected.
4.12 The respective winner will receive an e-mail with further information and will be asked to provide his or her data (e.g. name, address, telephone number) as far as it is required to contact the winner personally. The deletion of such data upon completion of the competition is regulated in provision 8.1.
4.13 Should the winning notification be undeliverable - e.g. if the e-mail address stated proves to be invalid or because the electronic mailbox exceeded its capacities - the potential winner shall lose all rights to the prize and another winner shall be drawn.
4.14 A cash payment of the prize shall not be admissible. The winner shall have no right to receive the prize in kind or to exchange the prize against another voucher or item. The prize cannot be transferred to a person other than the winning participant.
4.15 The winner must cover any costs incurred from travelling from his or her residence to and participating at the Aloft Opening Event in Munich and Stuttgart. It is the sole responsibility of the winning participant to meet all factual, physical and legal requirements for travel and participation.
5. Conditions, exclusion, unforeseen events
5.1 The Organizer reserves the right to exclude persons from participation in this video competition in case of any violation of these eligibility requirements. In case of a reasonable suspicion of abuse, manipulation or any inadmissible or illegal use of the video competition, the relevant participants shall be excluded from the video competition immediately and without prior notification.
5.2 In case unforeseen events occur, the Organizer shall reserve the right to modify, stop or suspend the video competition and the voting system in whole or in part without prior notification. Unforeseen events shall include but not be limited to technical circumstances beyond the control and sphere of influence of the Organizer, such as viruses in computer systems, programming errors in the hardware or software used, as well as unauthorised intervention by third parties (manipulation).
5.3 Void where prohibited or restricted by law. Winner agrees to hold harmless and indemnify Organizer and Competition Entities against any and all liability, loss, injury, damages, death or causes of action (however named or described), with respect to or arising out of participant’s participation in the Competition or the receipt, use or misuse of any prize. Acceptance of a prize constitutes permission to use winner’s name, Facebook/Twitter/Youtube handle, likeness, Entry and photograph for promotional purposes without further compensation except where prohibited by law. Entrant hereby grants the Competition Entities the transferable, irrevocable, perpetual, worldwide rights, unlimited in terms of territory, time and content, to use, reproduce, publish, edit, market, store, adapt, assign, sell, dispose of, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote the Entry or excerpts of the Entry (as such may be edited and modified by the Organizer in its discretion) in perpetuity, for editorial, commercial, promotional and all other purposes (including posting on Organizer affiliated websites, the website, and/or other Organizer-selected media) without any prejudice to the media used, i.e. print, online, social media. This includes as well live performances of the participant.
6. Limitation on liability and warranty
6.1 The Organizer’s liability for any damage caused by the Organizer, its employees and vicarious agents with willful intent or gross negligence, for fraudulent concealment of a defect, express assumption of a guarantee and for any damage incurred due to injury to life, limb or health shall be unlimited.
6.2 The Organizer shall only be liable for other damage if an obligation is violated the fulfillment of which is essential to the proper execution of the contract and on the fulfillment of which the contractual partner may rely as a general rule (material contractual obligation). In this case, the liability for damages shall be limited to damage deemed to be typical for this type of contract and foreseeable. This shall not affect any liability in accordance with the Product Liability Act. Any liability of the Organizer exceeding the above shall be excluded.
7. Choice of Law and Disputes
7.1 Except where prohibited, Organizer reserves the right to make all decisions in its sole discretion arising out of or relating to the competition, and the decisions by Organizer are final and binding on all matters relating to the competition. The jurisdiction of a court is excluded. Except where prohibited, you agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with the competition or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Germany, applying German law; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the competition, but in no event attorneys’ fees; and (c) notwithstanding the foregoing, you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Organizer in connection with the competition, shall be governed by, and construed in accordance with, the laws of the Federal Republic of Germany, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than Germany. By participating in the Sweepstakes, you agree that the District Court of Munich will be the exclusive forum for any formal dispute resolution.
7.2 Should individual provisions of the contract with the user, including this provision, be or become ineffective in whole or in part, this shall not affect the effectiveness of the remaining provisions. Any void or legally invalid provision is deemed to be replaced by a valid provision which reflects the legal and commercial aim of the void or legally invalid provision as closely as possible. The same shall apply to an omission in the contract.
8. DATA PROTECTION, USE OF PARTICIPANT’S PERSONAL DATA
8.1 Personal data of the Participant collected at the occasion of the registration for, and the participation in, the competition will be electronically collected, processed and stored by the Organizer only to the extent necessary for the sole purpose of conducting the competition and selecting the Winner. These personal data include the name, the e-mail account as well as the Facebook account or the Youtube account, as the case may be, of the Participant. These personal data shall not be transferred to any third party. Upon conclusion of the competition and after successful announcement of the Winner all personal data collected in connection with the registration for the competition shall be deleted.
8.2 DATA PROTECTION CONSENT
By means of placing an Entry, Participant expresses his or her consent to any personal data included in or combined with the Entry, in particular Facebook account or the Youtube account, likenesses and videos or photographs on which the Participant is recognizable, email addresses, names or any other information that are included on the videos and audio that are electronically collected, processed and stored by the Organizer for the purposes of conducting the completion, selecting the winner and promoting the Organizer in connection with the competition. Within the scope of the aforementioned purpose, these personal data can also be transferred to affiliated companies and to external cooperation partners such as advertising and promotion agencies within the territory of the European Union and the European Economic Area. All recipients of personal data shall be obliged to observe all applicable data protection requirements. The Participant can revoke his or her consent to the use of the aforementioned personal data at any time with effect for the future and ask that these personal data will be deleted from the servers of the Organizer by sending an e-mail to the following address: Pascal.Frey@starwoodhotels.com
. Upon conclusion of the competition and after successful announcement of the Winner all personal data collected in connection with the registration for the competition shall be deleted.