Competition Terms & Conditions

The following terms and conditions (the “Rules”) set out the terms for The Music Den Ltd “Kids Acoustic Guitar Giveaway” (04/10/2021), (the “Giveaway”). Many will enter, one will win.

Section A) Definitions and Introduction:

1. In these Rules the following words and phrases shall have the following meanings:

“Giveaway Post” the Facebook post which announces commencement of the Giveaway.

“Contestant” any natural person who enters the Giveaway.

“Submitted Content” any materials submitted to us as part of the Giveaway for example screenshots or images and other materials.

“us”, “we”, “our” and “The Music Den” any references to “us”, “we”, “our” and “The Music Den” shall be references to The Music Den Ltd, 78a High street, Harpenden, AL5 2SP.

“Winner” a winner of a prize of the Giveaway.

“You” any reference to “you” is to you as a Contestant in or winner of the Giveaway.

The Giveaway is sponsored solely by us. We will conduct the Giveaway substantially as described in these Rules.

1. We reserve the right, in our reasonable discretion, to add to, amend, vary or waive these Rules on reasonable notice with future effect at any time insofar as it appears reasonable and does not place the Contestant at a disadvantage in bad faith. Modifications may become particularly necessary in order to implement adjustments reflecting a change in a legal position. New court decisions are also considered a change in a legal position. Further developments and changes may also require a modification or amendment of these Rules.
2. These Rules represent the entire agreement between You and us relating to the Giveaway and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). We object any of your general terms and conditions.
3. Failure to enforce any term does not constitute a waiver of that term.
4. If any part of these Rules is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the Rules will remain in full force and effect.
5. These Rules and the Agreement based on these Rules are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to these Rules by virtue of the Contracts (Rights of Third Parties) Act 1999.

Section B) Eligibility:

1. The Giveaway is open only to those who adhere to these Rules. By entering the Giveaway you agree to these Rules and confirm that you are eligible to do so and eligible to claim any prize you may win. We may require you to provide proof that you are eligible to enter the Giveaway
2. To enter the Giveaway You must be over 13 years of age. If you are under the age of 18, you must obtain written parental or guardian consent to enter and claim your prize. We may ask the Winner to provide proof of age.
3. You must not be an employee, officer, contractor, consultant and other personnel of us or otherwise directly or indirectly connected with the administration of the Giveaway.
4.  This is a Giveaway for residents of England where participation in Giveaway of that nature on these terms is lawful.

Section C) Agreement to the Rules:

1. By entering the Giveaway and participating in it, winning the Giveaway or accepting any prize, You agree to be fully unconditionally bound by these Rules, and represent and warrant that You meet the eligibility requirements.
2. In addition, You agree and accept the decisions of The Music Den as final and binding as it relates to the content of this Giveaway.

Section D) Giveaway Period:

1. Entries will be accepted on Facebook from 4th October 2021 and ending 18th October 2021.
2. All entries must be received by us by 18th October 2021 at 10am BST.

Section E) How to Enter:

The Giveaway must be entered by:

Follow musicdenharpenden on Facebook.⁠ (If not already “Following”).
Like the Giveaway Post.⁠
Share the Giveaway Post.
Comment with the correct answer.

The post will be posted by The Music Den on 1st October 2021 at 9am BST.  In order to post or comment you require a Facebook account and must be logged into your Facebook account. If you do not have a Facebook account, you may register for one, for free, at Facebook.com. Data and usage rates may apply to the download and use of the Facebook mobile application. Your Submitted Content must remain publicly posted through the duration of the Giveaway and must comply with the below content guidelines and the platform’s terms of use.

Any Submitted Content or comment that is incomplete or deemed inappropriate at our discretion can be removed at our sole discretion and will not constitute a valid entry for the Giveaway.

Entries are limited to one per person.

There will be only one winner out of many applicants.

Section F) Prizes:

1. Winner will receive one 34 inch Acoustic Kids Guitar.
2. No cash or other prize substitution shall be permitted. The prize is non-transferable.
3. In the unlikely event that the relevant prize should become unavailable, we reserve the right to substitute for an equivalent prize of equal or greater value.

Section G) Winner Selection and Notification and Delivery of the Prize:

1. Winner will be selected by us in line with any criteria set out in the Giveaway Post and/or any additional criteria described under these Rules under section E and/or set out on our website. The Winner will be selected by us and be selected based on the criteria for entry.
2. Winner will be notified by The Music Den via Facebook message within 1 day following the selection of the winner. Winner has to claim the prize and provide us with their name and address to where the prize shall be delivered within 5 days upon us contacting them.
3. We shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or any other security settings or circumstances beyond our control.
4. If the Winner cannot be contacted or fails to adhere to any of the Rules or fails to claim the prize within 5 days of us contacting them, we will determine another Winner in accordance with this Section G and the prize will be assigned to this Winner.
5. A prize will not be awarded to a person who, for any reason, would not be allowed by law to purchase or use the prize or where the supply of the prize to that person would be unlawful.
6. If the prize cannot be delivered to the Winner despite our reasonable endeavours to ship the prize to the Winner, we will determine another Winner who will receive the prize.
7. You shall be disqualified from entering the Giveaway, and, if you have won a prize, we may withdraw the same, or recover it from you if it has already been given, in case:
   o of any violation of these Rules or any other terms relating to the Giveaway by you;
   o You provide incorrect, incomplete or outdated information in relation to the entry;
   o You commit any kind of fraud, dishonesty, deceit, misconduct or similar action in respect to the Giveaway.
   If a Winner is disqualified, we will determine another Winner in accordance with this Section G.

Section H) Cancellation of the Giveaway :

1. We shall be entitled, in our reasonable discretion, to cancel, delay and/or recommence the Giveaway with immediate effect by online announcement without any liability, especially where the Giveaway is unable to run as planned due to a computer virus network/technical/communications failure, tampering or any cause beyond our reasonable control.
2. If a Giveaway is cancelled after a valid Winner is selected, we will use reasonable endeavours to offer the prize or an alternative, equivalent prize. If such alternative prize is offered but not accepted by You, You shall have no claim against us in respect of the cancellation or delay of the Giveaway or for any expense or damage whatsoever incurred as a result.

Section I)

Data Privacy, Consent in Winner Announcement and Intellectual Property Rights:
1. Information submitted with an entry as well as any other data related to the Giveaway processed subject to our Privacy Policy stated on The Music Den website. For further information our Privacy Policy is available under https://www.themusicden.co.uk/privacy-policy/.

1. By entering the Giveaway you agree that, if you win, The Music Den are allowed to use your name and Submitted Content for announcing the Winner on our social media pages.
2. Entering the Giveaway does not create or confer any licence, right or ownership interest under any copyright, trademark or other Intellectual Property Rights in or to any intellectual property owned and/or controlled by The Music Den.
3. By entering the Giveaway, you grant us a perpetual, non-exclusive, worldwide, irrevocable, royalty-free licence to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit your Intellectual Property Rights in the Submitted Content, and acknowledge and specifically agree that we may use, or not use, your Submitted Content, or any part of it, in any manner, in any media, at any time, in their sole discretion, including but not limited to for the purpose of administering, promoting, reporting on or otherwise operating the Giveaway, in a commercial manner, and for the purpose of and in advertising and promotions, as well as marketing other campaign promotions, without any compensation, notification, permission or approval. You forever release and discharge us  from any liability associated with any such usage.
4. You warrant that you have and shall maintain all permissions, consents, licences and rights required for you to grant us the above licence. You further warrant that your Submitted Content is your own original work. In addition, You agree to release, indemnify, defend and hold us harmless from and against any and all loss, damages, injuries, claims and costs incurred by us arising from your breach of this warranty and these Rules.
5. In the event the Winner would like to withdraw their consent to any of their data being used for the purpose of the Giveaway, they should contact The Music Den directly via their website on https://www.themusicden.co.uk/contact-us/.

Section J) UK Law and UK Courts:

1. We make no representation that this Giveaway is lawful or appropriate outside of the United Kingdom. If you access the Giveaway from outside of the United Kingdom, you are responsible for compliance with all applicable local laws.
2. The Giveaway and any dispute or claim arising out of or in connection with it (including the prizes), shall be governed by and construed in accordance with UK law. You irrevocably agree that the courts of United Kingdom shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Giveaway (including the prize).

Section K) Disclaimers:

1. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook other than us. You understand that you are providing your information to us and we will collect and process your personal information related to the Giveaway as set forth in these Rules.

Section L) Contact:

You can contact us with any questions regarding the Giveaway or if you wish to request a Winners List, please submit your request using our website contact form or by email, using the email