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Page 1: FOO FIGHTERS CONTEST OFFICIAL RULES 1. Eligibilityday1e.com.au/comps/TandC/FooFighters-PreSaveContestTCs(Update… · FOO FIGHTERS CONTEST . OFFICIAL RULES . 1. Eligibility. 1.1 By

FOO FIGHTERS CONTEST OFFICIAL RULES

1. Eligibility 1.1 By entering the Contest, you agree that you have read and understood these Official Rules and

agree that you will be bound by them. These Official Rules govern your relationship with Sony Music Entertainment Asia Inc., whose address is Sony Music Entertainment Asia Inc., Units 1608-1612, 16 Floor, Oneharbourfront, 18 Tak Fung Street, Hunghom, Kowloon, Hong Kong (“Organizer”) and is no way sponsored, endorsed, administered or associated with Spotify. These Official Rules, the terms and conditions of Spotify https://www.spotify.com/legal/end-user-agreement/ and all other information provided prior to entering the Contest form part of the rules of entering the Contest.

1.2 These Official Rules apply only to entries received from Hong Kong SAR, Indonesia, Malaysia, Philippines, Singapore and Taiwan (each of which, the “Rules Territory”). By entering the Contest, you (as an entrant) are deemed to accept and acknowledge that you are competing with individuals within your Rules Territory. All references to “you” shall also be deemed references to “entrants” under these Rules. Within the Rules Territory, eligible Contest entrants are individuals of (a) legal residents who are physically located within the Rules Territory and (b) are at least eighteen (18) years of age at time of entry in the Contest.

1.3 Employees, agents or officers of the Organizer or of any entity involved in the development,

production, implementation and distribution of the Contest, including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of the Organizer/any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest.

2. Entries 2.1 No purchase is necessary to enter the contest. Limit to one entry per person. 2.2 The Contest begins at 12:00am (Hong Kong time) on September 1st, 2017 and ends at 11:59 p.m.

(Hong Kong time) on September 14th, 2017 (the “Contest Period”). To enter the Contest, click on the “Spotify Connect” button to add Foo Fighters’ new album “Concrete and Gold” to your collection and answer a question on Foo Fighters (in no more than 25 words).

2.3 Eligible entrants must be a member of the Spotify music service, or become a member by visiting

https://www.spotify.com/signup/ and registering in accordance with the enrolment instructions for either a free Spotify account or a paid Spotify account.

2.4 Your standard telephone, internet, network and data charges will apply (there is no additional

charge to enter this Contest) and you must have the bill payer’s permission prior to entering the Contest.

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2.5 Submitted Material

(a) By entering the Contest you warrant and represent that your Entry does not and shall not contain any material that, in the Organizer’s sole discretion (including but not limited to): (i) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity, without such person or entity’s prior written consent; (ii) constitutes personally identifying information or other personal or identifying information about you or any individual; (iii) is false, deceptive, misleading, scandalous, indecent, criminally obscene, pornographic, unlawful, blasphemous, defamatory, libelous, fraudulent, tortuous, threatening, harassing, hateful, degrading, intimidating, or racially or ethnically offensive, or contains nudity, pornographic images, explicit sexual themes or graphic violence; (iv) encourages conduct that could be considered a criminal offense, could give rise to criminal civil liability, or could violate any law, or that could otherwise be considered inappropriate; (v) constitute a virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may, or is intended to damage or hijack the operation of, or to monitor the use of, the Organizer or any hardware, software, or equipment; (vi) constitutes any advertising, promotional material, or other form of solicitation; or (vii) constitutes any non-public information about a company. (b) By entering the Contest, you hereby grant to the Organizer(and its licensees, affiliates and assigns); a non-exclusive worldwide, royalty-free, perpetual and irrevocable licence without further payment, to use, edit, copy, transmit, display, exploit, manipulate, distribute, reproduce, make, sell or offer to sell; exercise all copyright, trademark, publicity and other proprietary rights (and to sub-licence such rights) to your Entry, your likeness, your Spotify handle (being your unique Spotify account name), any photographs and/or video footage featuring you and taken in relation to the Prize and/or the Contest, and any information you provided or any part thereof, in any and all media (by any and all means now known or developed in the future), including without limitation, use on commercial audio or video products and all forms of advertising and merchandise. (c) For the avoidance of doubt you understand that on a non-exclusive basis your Entry, your likeness, your Spotify handle, any photographs and/or video footage featuring you and taken in relation to the Prize and/or the Contest, and any information you provide may be used worldwide in perpetuity, royalty-free and without further payment, in services and products of the Organizer and/or the Artist including without limitation videos, radio, publicity, advertising, social media websites, websites and/or on forthcoming Artist releases and packaging.

(d) The Organizer may at its sole discretion opt not to use, without notice or reason, any Entry

that the Organizer believes is inappropriate or in breach of these Rules or if it simply does not wish to use them

3. Selection of Winners 3.1 Entries received during the Contest Period will compete against each other for the Grand Prize

within your Rules Territory. The winning entry is the entry with the most creative answer (as solely determined by the Organizer) to the question about Foo Fighters. There will be One Grand Prize Winner selected from each of the six Rules Territories, with a total of 6 Winners.

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3.2 One (1) Grand Prize Winner will be selected from each of the six Rules Territories on September 18th, 2017. The decision of the Grand Prize winners shall be final and binding in all regards. The Organizer reserves the right to modify the Official Rules, Submission Period and Grand Prize Winners’ prizing.

3.3 Upon the selection of the winning entries, the Grand Prize Winners are required to provide all his/her personal particulars (i.e. Name, Address, Contact Number & E-mail Address).

4. Grand Prize 4.1 The Grand Prize Winner from each of the six Rules Territories will be entitled to receive the

following: • One (1) S.F. Valley Windbreaker • One (1) Foo Fighters Snapback Hat

4.2 Prizes are non-transferable. No substitutions or cash redemptions. Prizes may not be sold,

bartered or transferred. The prize must be redeemed from the Organizer within 30 days of the contest end date unless otherwise stated in the contest’s official rules. If the winner cannot be contacted or is disqualified for any reason, the Organizer reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion. No more than the advertised number of prizes will be awarded. All costs and expenses not specifically referred to herein as part of the Prize description are the sole responsibility of the Prize winner (and/or guest).

4.3 The approximate retail value of each of the prizes is Sixty US Dollars (US$60.00). The approximate retail value of the prize represents The Organizer’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash.

4.4 By accepting the prize, the Winner releases and discharges the Organizer, its affiliated companies

and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Contest. The Organizer reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by the Organizer in its sole discretion), for any reason.

4.5 If, for reasons beyond the control of the Organizer (including, but not limited to, tampering or

computer virus infection), the Contest is not capable of running as originally planned, the Organizer, at its sole discretion, reserves the right to cancel or modify the Contest, without liability. If there is no sufficient number of eligible entries (as determined by Organizer in its sole discretion) received by the end of the Entry Period, the Organizer reserves the right not to award any or all prizes. All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Contest and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.

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5. General 5.1 The Organizer reserves the right to verify the eligibility of your Entry. The Organizer may request

that the Winner contacts Organizer to confirm he/she is a winning entrant and/or to provide proof of identity, age and residency. In the event of a dispute as to the identity of an Entry, any Entry will be deemed to have been submitted by the authorized holder of the Spotify account from which the Entry was submitted or the email account associated with such Entry. A Winner may be requested to provide the Organizer with proof that they are the authorized holder of the Spotify and/or email account associated with a winning Entry.

5.2 By entering the Contest, entrants agree to abide by these rules and regulations, and further agree

that the decisions of the Organizer are final. The Organizer reserves the right at any time without prior notice to withdraw, cancel, terminate, amend, modify or suspend the Contest if for any reason in the opinion of the Sponsor, in its sole discretion, the Contest is not capable of operating as planned or if the administration, security, fairness, integrity, or proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond its control. The Organizer reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the online entry process or the operation of the Contest or to be acting in violation of these rules or otherwise in disruptive manner with respect to the Contest.

5.3 The Organizer also reserves the right to cancel this Contest at any time because of any printing or

other error. The Organizer does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software (including on account of traffic congestion on the Internet or at any Web site) or any combination thereof. The Sponsor shall not be liable for any errors or negligence that may arise or occur in connection with the Contest, including any injury or damage to the entrant’s or any other person’s computer related to or resulting from participation in or downloading of any materials relating to the Contest or any theft, destruction or unauthorized access to, or alteration of, entries submitted online. The Organizer is not liable for injuries, death, damages or losses of any kind resulting from acceptance or use of the Prize. In the event of a dispute, entries submitted online will be deemed to have been made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address.

6. Privacy and Data Collection 6.1 The Winners agree to keep confidential any knowledge about the Artist and/or the Organizer and

its business and personnel received by such Winners as a result of their Prizes (including without limitation not ‘Tweeting’ or ‘Facebooking’ or ‘Instagramming’ private details).

6.2 By submitting your Entry, which shall include you ticking a box confirming your understanding of

and agreement to the following, you grant to the Organizer the right to access and store on the Organizer’s servers certain personal and usage information associated with your Spotify account.

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The Organizer shall access the above data to use the same when compiling fan statistics and analyzing Spotify-user insights. The Organizer will not use your personal data in its analysis of fan statistics and/or for marketing purposes after six (6) months from the Closing Date. For the avoidance of doubt, the Organizer will not contact you unless you are the Winner and/or you ticked the applicable mailing list box on your Entry.

6.3 Unless you indicate to the Organizer otherwise by ticking the relevant mailing list box(es), your

details will not be shared by the Organizer with selected third parties for marketing save that if you are the Winner your details will be added to the Organizer’s mailing list and used in accordance with the Organizer’s published privacy policy from time to time, which you should read in advance at https://www.sonymusic.com/privacy-policy/.

6.4 By submitting your Entry to this Contest, you expressly permit the Organizer (and their respective

licensees, affiliates and assigns) to identify you as the contributor of such Entry and the content of such Entry to the Contest in any publication in any form, media or technology now known or later developed, unless you otherwise notify the Organizer in writing at the time you submit your Entry written notification can be sent to “Foo Fighters Contest – 1st September 2017”, Sony Music Entertainment Asia Inc., Units 1608-1612, 16 Floor, Oneharbourfront, 18 Tak Fung Street, Hunghom, Kowloon, Hong Kong.

7. Subject to Applicable Laws 7.1 These Terms and Conditions are governed by the law of your Rules Territory. The Contest is void

where restricted or prohibited by any applicable law.