Terms & Conditions

Terms & Conditions

Date: 01/01/2017

General Terms

These terms and conditions apply for all transactions made with the SPH Music GmbH (hereinafter, the 'SPH Bandcontest') and concerning all visitors, musicians, guests, photographers, sound and light engineers, venues and their organizers and all other individuals in connection with the implementation of our concerts. Any claims and questions are to be made to the company directly.

 

Scope of Application:

These terms and conditions are valid for all events and activities of the SPH Bandcontest and in all countries, in which the company is operating.

Preamble:

With the attendance to our events, independent through which channel the access was made (ticket purchase, accreditation, guest list, etc.), the participation at the SPH Bandcontest and/or the collaboration on a business level (e.g. partner, concert venue, external staff, photographers, etc.), the following conditions are recognized and effective.

Liability:

As visitor and participator of the event, you explicitly take note that the SPH Bandcontest assumes no liability and the visit or gather participation on the event happens on your own risk. The visitor / participator is himself responsible for possible damages or injuries. The SPH Bandcontest is only liable for damages caused by wrongful intent and gross negligence.

 

Youth Protection

As a participating band, you obligate yourself to inform your fans about the respective youth protection legislation and ensure, that your fans comply to this legislation. On all our events, the provision of the law to protect the youth in public, always the newest version, applies. These conditions are to be respected and followed. At our show, the youth protection legislation applies. Every visitor is subject to the identification requirement and is obligated to constantly carry an identification document with them.

 

Cast, Program, Relocation, Cancellation, Visual Obstruction

Should changes to the cast or program be made, this does not justify a return of the ticket or a (part) refund of the purchase price as well as the withdrawal from existing contracts. The same applies for a cancelation of an event. Due to weather reasons, the beginning of an event can be postponed. Furthermore, we want to point out that from a certain distance to the stage, it can come to visual obstruction. This does not justify a ticket price reduction, compensation or a contract withdrawal.

 

Environmental Protection

The visitors and participators of the event are obligated to treat the environment responsibly. Containers are available to dispose all waste. Violation can lead to exclusion of the event as well as legal measures that will come into force. Bringing along glass containers, bottles, plastic bottles, cans, plastic canisters, pyrotechnic articles, torches, weapons and drugs is strictly prohibited. In case of non-compliance, exclusion from the event and possible legal measures will be the consequence.

 

Volume/Noise Level/Food

It can get loud at our concerts - your are responsible for your own ears. That is why we explicitly point out that the SPH Bandcontest is not liable for any potential (hearing) damage. All light and sound engineers are independent companies or staff of the event venues, but never employees of the SPH Bandcontest. We recommend you to always ensure enough hearing protection for your own safety. You are also liable for you own well-being, including enough care with liquid foods, but at the same time only a limited amount of alcohol. You are liable for health damages occurring through coldness, heat, sun, etc.

 

Animals

Cats and goldfish do not like loud music anyway, which is why the bringing along of animals to the event is not allowed. In case you do have your animal with you, we are not allowed to let you participate in the event. We assume no liability for damages which happen to your animal, neither the ones which your animal causes.

 

Photography / Videos / Copyright

Concerts should be held on to for coming ages, which is why photos and videos are allowed during our events. Videos and photos of all those present are allowed to be published. At the same time, photos and videos can be used for promotion and marketing purposes (e.g. websites, folders, press releases, TV and movie commercials, etc.) at all SPH Bandcontest events (current and all following years) for free.

With the entry to the events, all visitors agree that the photo and video material, in which they are depicted, can be published free of financial reward for the individual. During the events, the making of videos and photos of visitors without accreditation is only allowed with amateur cameras.

 

Participation at the SPH Bandcontest

The application at the Bandcontest does not represent an entitlement to participating in the event. We are trying to enable as many bands as possible to participate, but cannot guarantee this. With the application, you do not obligate yourself to participation in the event. As long as you did not confirm any of our proposed show dates, you have the freedom to drop out immediately. With a confirmation to the proposed show date, you obligate yourself to a small deposit, even if you cancel the show afterwards. The deposit is $25 in the US. If you confirm a slot with us, costs arise for uns and the date is reserved for you and not open for other bands. The reasons for your cancelation are therefore irrelevant. If a first round will be canceled on our behalf and no replacement date is found, the deposit is obviously released or alternatively refunded.

 

Entrance Tickets & Ticketing

Participants of the SPH Bandcontest get a certain number of tickets for their concert via air mail (regularly 150 tickets). The participants are not obliged to sell all these tickets, only as many tickets as it is in their interest. The earned sales and leftover tickets are to be brought to the concert and handed over to the manager at the venue. In most rounds, the bands are involved in the earnings of the ticket sales (you earn up to $250 in cash), which is to be taken from our website as well as advanced notices. The price of the tickets is also to be taken from our website and advanced notices. Participants/bands are allowed to sell these tickets for a lower price than stated from the organizer, but need to cover the entire difference with their own budget. In all cases, the organizer will receive his previously stated price of every sold ticket. A possible discount on tickets is to be covered individually by musicians and bands. In some cases, musicians or bands receive tickets from the SPH Bandcontest but then cancel their show on a short notice. If it is not clearly agreed that the band should keep the tickets for the alternative show, then the tickets need to be sent back to the sender's address. If this does not occur, the SPH Bandcontest has the right to charge the full price of all tickets. Every contravention of this determination and the violation of leftover tickets will have legal consequences. So please remember to send back the tickets in case you do not participate at the SPH Bandcontest show and we're all fine.

 

Liability

As organizer/tenant/booker of a concert venue, you obligate yourself to a proper execution of a SPH Bandcontest event. This includes ensuring the safety of outdoor facilities, stairs, toilets, compliance to fire protection regulations, winter road clearance, non-slip ground for proper concerts, proper behavior of security staff as well as other potential danger regarding visitors, employees and musicians. Possible legal violations in the bar area (e.g. distribution of alcoholic beverages to underaged individuals) are not represented by the SPH Bandcontest. The venue where the event takes place or rather the operator of this venue is liable for the serving of beverages. The SPH Bandcontest has no influence on this. Possible damages on sound and light systems or inventory of the venue is not represented by the SPH Bandcontest, but by the causer of the damages. This exclusion is also applicable when no responsible individual is identifiable. Potential necessary (electronic) insurances are to be arranged individually by the above named parties, never by the SPH Bandcontest. The SPH Bandcontest does not accept any agreements reached outside the legal insurance policy of event organizers (e.g. further contractual liabilities).

 

Other

You are responsible for yourself and for your belongings, which is why we are not liable for any lost, damaged or stolen objects. Entrance is only possible with a valid entrance ticket, and we have the right refuse entrance due to important reasons. Along with our partners, we are focused on your well being, which is why instructions given by our staff is always to be followed.

If you lose your voting ballot, we cannot hand out another ballot. With its loss, you lose your right to vote, which is why it is important that you take good care of your voting ballot. We have the right to relocate/postpone our event to different dates and a different venue. For your own safety, stage diving and crowd surfing is strongly prohibited. Visitors who harm themselves or others are expelled from the premises.

The SPH Bandcontest is not liable for the wearing, damaging or stealing of instruments and other equipment during the concerts. Please pay attention to our own belongings. Possible claims for damages are to be addressed towards the causer, never against the SPH Bandcontest. This is also applicable when no damage causer can be identified.

By entering your e-mail-address into our application tool (registration) or into our online-voting-tool, you confirm that we're allowed to send you e-mails concerning the SPH Bandcontest. Of course you can unsubscribe at any time (by clicking a link in our mails).

Indemnity claims from positive breach, negligence in contracting and unlawful act are excluded in so far that the organizer, his legal representatives or his agent have not acted intentionally. Damage claims from impossibility of performance and default by ordinary negligence are restricted to the replacement of foreseeable damage.

 

SPH Bandcontest / SPH Music GmbH