1.1 The Fretello GmbH, Industriezeile 35, 4020 Linz, Österreich (hereinafter referred to as “Fretello”) operates websites and mobile apps (together the “Products”) under the name “Fretello”, aiming to connect, and create new opportunities for people who are, or want to, learn a musical instrument.
1.2 Fretello takes data privacy very seriously and wants to reveal openly and transparently how this topic is dealt with.
1.3 In compliance to the EU General Data Protection Regulation (GDPR), effective as of May 25th 2018 Fretello (i) makes it easier for the user to understand which data the Products collect and how they are used, (ii) gives the user increased control over its data, and (iii) provides the user with detailed explanation of its rights as a user.
2.1 These Promotion Terms and Conditions shall apply in conjunction with the General Terms of Service (https://fretello.com/terms) and Specific Terms of any promotion. You should therefore read these General Terms in combination with the Specific Terms. Where any Specific Terms conflict with these General Terms, the Specific Terms will take precedence.
2.2 Fretello may change these Promotion Terms and Conditions at any time. You should check our website regularly for any changes that apply from the date they are uploaded.
2.3 By entering any promotion you agree that you will be legally bound by all these Promotion Terms and Conditions, the General Terms of Service and the Specific Terms of any promotion.
3 ELIGIBILITY RULES
3.1 All promotions are open to persons over 18 years of age at the time of entry. Where the Specific Terms state that a person aged 18 years or less is eligible to enter, Fretello reserves the right to require that their parent or guardian confirms in writing that they agree to be bound by these terms and conditions and will accept any prize on behalf of the under-18 year old prizewinner.
3.2 It will be at Fretello’s sole decision as to whether any eligibility requirement has or has not been met and Fretello may require evidence or confirmation from entrants before awarding prizes.
3.3 Employees of Fretello and their immediate families may not enter any promotion, neither may any employees or immediate family members of any third party sponsors, third party companies associated with the promotion, prize providers or agencies assisting with the promotion operation.
In promotions where purchase of product is necessary, please retain your promotional packaging as it may be required for verification in the event of a win.
4.2 Deficient Entries
Fretello will not be responsible for any entries not received, not recognised, not accepted for any reason or delayed. Proof of sending or entering such details does not constitute receipt.
4.3 Responsibility for Errors
Fretello assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, or alteration of, or non-receipt of, entries. Fretello is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Fretello or an entrant because of technical problems, operator problems, social media site problems, traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to any participant's or any other third person's, resulting from any participation or downloading any materials in the promotion.
4.4 Automated Entry
The use of any automated entry software or any other mechanical or electronic means that permits any person to enter any promotion repeatedly is prohibited. No bulk, consumer group or third party entries will be accepted. These entries will be disqualified.
Entrants must enter promotions using their full legal name. Fretello reserves the right to disqualify any entrant who uses multiple names or any false names and to require them to return to Fretello any prize they may have won.
4.6 Multiple Entries
Unless otherwise permitted by the Specific Terms, no person may enter any promotion more than once and persons may not enter or participate as part of a syndicate or on behalf of any other person, syndicate, group, society or company.
4.7 Retrospective Effect
Where an entrant or prizewinner has not complied fully with the generic terms and specific promotion terms, or has been found to be in breach of any of the terms and conditions of a promotion and in particular where a person is in breach of the entry restrictions, Fretello may nevertheless still enforce our right to disqualify that person and require the return or reimbursement to us of any prize even where a prize has already been awarded and/or actually provided to the entrant or prizewinner in question.
No fees shall be payable to any entrant in relation to their entry in any promotion. Obtaining time off work and/or study or related activities to participate in a promotion and/or use a prize. All related costs/time off will be at the sole and absolute responsibility of each entrant or person using the prize.
5.1 Fretello reserves in all cases the right to replace the stated prizes with prizes that Fretello considers to be of broadly equivalent value. Fretello offers no cash alternative for non-cash prizes and prize winners must accept prizes in the form offered. Where a prize is won by a person younger than 18, Fretello reserves the right to award the prize to the prizewinner's parent or guardian on behalf of the prizewinner.
5.2 The colour, style, size and model of the prize will be the decision of Fretello unless stated otherwise. Any pictures depicting the prizes on any media or promotional material are for depiction purposes only and in certain instances the actual prizes may differ. The promotion does not constitute an endorsement or recommendation of the products or services being offered as prizes.
5.3 Fretello will not be liable for any prizes which are lost, delayed, or damaged in the post for reasons beyond our control.
5.4 Where prizes are to be delivered to the personal address of a winner, the prize will only be delivered to an address within the European Union and will only be sent once. Should a prize winner's contact details change, it is their responsibility to notify us or the contact persons for the relevant promotion.
5.5 Fretello reserves the right to request proof of a prize winner's identity in the form of a passport or driver’s license, proof of residence and proof of address in the form of a utility bill. In the event that a prize winner cannot provide us with the proofs mentioned above which are reasonably acceptable to Fretello, Fretello may withdraw the prize and select another prize winner in the same manner as the first.
5.6 All prizes are subject to availability, non transferable and non exchangeable. Where prizes consist of entry tickets, attendance at events, holidays and similar time-specific benefits, they must be taken on the dates specified by us. If a prize winner does not take any element of a prize at the time stipulated by us (or any relevant third party prize provider) then that element of the prize will be forfeited by the winner and no replacement prize will be granted. No cash will be awarded in lieu of that prize or part of it.
5.7 Any tax payable as a result of a prize being awarded or received will be the responsibility of the winner. Winners should seek independent financial advice prior to accepting a prize if this is a concern.
5.8 Winners shall be responsible for obtaining any insurance which may be required or prudent in relation to any prize awarded to them. Fretello makes no representation or warranty in relation to prizes provided and to the fullest extent permitted by law Fretello shall have no liability to you in relation to any prize, its fitness for purposes, merchantability or otherwise. Fretello reserves the right to disqualify entrants from entering our promotions or prizewinners from receiving their prizes where any such person engages in unsafe, illegal, unsociable or inappropriate behaviour.
5.9 No additional, further or other costs or expenses are included in any prize unless expressly stated. For example, the costs of transport to and from a venue or an event, parking charges, gratuities, excursions, spending money and other costs of a personal nature, are not included, and any accommodation prize includes basic room charge only.
5.10 The name(s) and country of all promotion winner(s) will be available during the period commencing one month after the promotion closing date and ending four months after the promotion closing date upon application with a SAE to Fretello’s address.
6 UNCLAIMED PRICES
Where prizes are not claimed within the period specified in the Specific Terms, Fretello reserves the right to award the relevant to alternative prize winners or not to award them at all.
7 PUBLICITY AND PERSONAL INFORMATION
7.2 Winners may be required to take part in related publicity, including (without limitation) publication of the name and image of a promotion winner along with their winning entry via Fretello’s website, social media and other press and media channels. No additional payment will be given for this.
8 SOCIAL MEDIA
8.1 Where promotions are run on either or all of Facebook, Twitter or any other social media platform, you acknowledge that the promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other social media platform. You understand that you are providing your information to Fretello and not to Facebook, Twitter or any other social media network, and that Facebook, Twitter or any other social media platform has no liability for any element of the promotion.
8.2 By participating in any promotion involving any social media network, to the extent permissible by law, you the entrant hereby release the social media platform (as applicable) from any and all claims, damages or liabilities arising from or relating to your participation in the promotion.
8.3 Where a promotion allows for entry via Facebook and/or Twitter and/or any other social media platform, entries must be made using a legitimate Facebook, Twitter, Social Media Platform account (as relevant). Entries from entrants using multiple Facebook or Twitter or other Social Media accounts are not permitted and all such entries will be disqualified and any prize award forfeited.
8.4 Where a promotion requires entry via Facebook and/or Twitter and/or any other social media platform, all participants must have access to the internet and an active Facebook or Twitter or other social media account (as applicable). If you do not have such an account you will need to create one in order to participate and you will require an active email address in order to do this. See https://support.twitter.com or https://www.facebook.com/help or account details of the specific social media platform, for more details.
9 PHOTOGRAPHS, VIDEOS AND INTELLECTUAL PROPERTY
9.1 Where any promotion requires entrants to submit a photograph, sound or video clip of any description (collectively, "Media") as a part of entry into or participation in the promotion, Entrants:
a) warrant and represent that their chosen Media: (i) is original to them (ii) is submitted in good faith and (iii) has been legally obtained and created;
b) agree that Fretello has the right to publish and communicate to the public the Media in any media including, but not limited to, our website and social media channels, at all times without restriction or limitation throughout the world and not only for the purposes of the promotion.
9.2 By entering a promotion, in relation to their entry (including but not limited to where the entry is Media) all entrants:
a) assign to us all rights (including present and future copyright) in their entry in all media (including, without limitation, the internet) and whether in existence now or created in the future.
b) agree not to assert any moral rights in respect of their entry and related publicity materials (wherever and whenever such rights are recognised) against Fretello, its assigns, licensees and successors in title.
c) Agree Fretello is without any obligation, compensation or other liability to you or any other person featured in your entry (and you shall be responsible for ensuring the consent of any persons featured in your entry to these terms and conditions). Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner. However, Fretello shall be under no obligation to respond to any communication.
e) acknowledge that Fretello may edit the entry in our sole discretion.
f) agree that Fretello has the right to use entrants' names, likenesses and other personal information in conjunction with the entry.
g) agree not to bring against us any actions, suits, claims and demands in respect of defamation or any infringement or violation of any personal and/or property rights of any sort from our use of their entry.
h) unconditionally waive their right to seek or obtain an injunction to prevent or restrict our use of their entry.
i) confirm that they have the right, power and authority to grant the rights set out above and that they have obtained all consents and permissions necessary to grant us the same.
9.3 For the avoidance of doubt, all rights in the name and title of the promotion and the format rights for the promotion are our sole property and Fretello may exploit the same at our absolute discretion.
9.4 Any promotion is in no way sponsored, endorsed or administered by, or associated with any third parties unless specified otherwise. All intellectual property remains the property of their respective owners.
10 TEMPERING AND OTHER MATTERS
10.1 If for any reason any promotion is not capable of running as planned as a result of any (including but not limited to) technical failures, unauthorised intervention, computer virus, mobile network failure, tampering, fraud or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, Fretello reserves the right to cancel, terminate, modify or suspend the promotion and/or any draw/s or judging related to the promotion and/or to disqualify any individual who (whether directly or indirectly) causes (or has caused) the problem.
10.2 Any attempt to deliberately damage any website used in connection with a promotion or the information on it, or to otherwise undermine the legitimate operation of the promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, Fretello reserves the right to seek damages to the fullest extent permitted by law.
11 PROMOTION ADMINISTRATION AND EXCLUSION OF LIABILITY
11.1 Fretello may vary the terms of, or terminate, a promotion at any time where it has reasonable grounds to do so at its absolute discretion without liability to any contestant or other person. Fretello will not award the prize if the promotion is terminated.
11.2 All Fretello decisions relating to the promotion and/or redemption of the prizes are final. No discussions or correspondence with entrants or any other person will be entered into.
11.3 Tiebreakers, disputes, conflicts, questions or concerns will be managed by us and, if required by law, by an independent adjudicator.
11.4 Where a promotion involves voting, the accuracy of the pooled results received by us will be deemed to be final and binding and no correspondence will be entered into.
11.5 A failure by us to enforce any one of the terms and conditions in any instance(s) will not give rise to any claim or right of action by any entrant or prize winner, nor shall it be deemed to be a waiver of any of our rights in relation to the same.
11.6 Except as specifically set out herein and to the maximum extent permitted by law, all conditions, warranties and representations expressed or implied by law are hereby excluded. To the fullest extent permitted by law, Fretello hereby excludes and shall not have any liability to any entrant or prizewinner in connection with or arising out of any promotion howsoever caused, including for any costs, expenses, forfeited prizes, damages and other liabilities, provided that nothing herein shall operate so as to limit or exclude our liability for personal injury or death caused by our negligence. For the avoidance of doubt, this paragraph shall also apply in respect of any prize provided by a third party provider.
11.7 In the event that any provision of these General Terms or any Specific Terms are held to be illegal, invalid, void or otherwise unenforceable, it shall be severed from the remaining provisions which shall continue in full force and effect.
11.8 These General Terms and the Specific Terms shall be construed in accordance with and governed by the laws of Austria.