black midi – Golden Ticket Prize Draw – US &UK Terms and Conditions
- These Terms and Conditions (“T&Cs”) shall be binding on you on entering this prize draw (the “Prize Draw”) operated by Rough Trade Records Limited, 134 Grand Street, New York, NY 10013 (“Promoter.
- This Prize Draw is open to individual UK residents (excluding Northern Ireland) and US residents aged 18 years or over with the exception of employees of the Promoter, their families and anyone else connected with this promotion.
- This Prize Draw runs from 28th May 2021 at 24.00 until 28th October 2021 at 24.00, the closing date for entries being 28th October by 24.00 (“Closing Date”). The winning participant who finds the “golden ticket” must send confirmation that they have found the “golden ticket’ with any information required on the “golden ticket” to [email protected] on or before the Closing Date. Any confirmation received after midnight on the Closing Date may be considered null and void at Promoter’s sole discretion. The Promoter accepts no responsibility for any confirmation that are incomplete, illegible, corrupted or fail to reach the Promoter by the Closing Date for any reason. Proof of posting or sending (including by email) is not proof of receipt.
- There is no entry fee to enter this Prize Draw.
- Entry is limited to once per person.
- No responsibility can be accepted for entries not received for whatever reason.
- To enter participants must buy a copy of the album entitled “Cavalcade”(“Album”) by Black Midi (“Artist”) on 12” vinyl from a retailer. Promoter shall place one (1) golden ticket randomly in the packaging of a 12” vinyl format of the Album by the Artist. The winning participant is the participant who finds the golden ticket inside the packaging of their Album and follows the instructions on the golden ticket and confirms to Promoter prior to the Closing Date that the ticket has been found (showing proof of their possession of the golden ticket) and their name, address and contact details. For US entrants only, a non-purchase necessary entry option is also available by mailing your name, address and email contact information to Black Midi Golden Ticket Contest at Rough Trade Records Ltd., 134 Grand Street, New York, NY 10013 prior to the Closing Date. One winner will be selected from also from the mail-in entrants
- The prize is one (1) of the following, to be chosen by the winner (subject to all Prize Terms and Conditions below):
EITHER (Option 1) - Artist will be the function band for an event, at a commercial venue of winner’s choice for a set of up to 30 (thirty) minutes;
OR (Option 2) – one (1) day in the studio with Artist for one (1) creative collaboration with Artist, nature of collaboration to be mutually agreed between Artist and winner;
OR (Option 3) - guestlist for two (2) people for all future Worldwide Black Midi headline live shows for 10 years (such 10 year period commencing on 29th May 2021).
The prize is as stated, and no cash or other alternatives will be offered. The prize is non-transferable. Prizes are subject to availability and Promoter reserves the right to substitute any prize with one of the other options listed above or another of equivalent value without giving notice. If winner chooses option 1 or 2 then either prize must be taken within six (6) months of the Closing Date, if winner fails to redeem such prize within the aforementioned period then such prize shall cease to be valid and Artist shall cease to be obliged to fulfil the prize.
- The odds of winning depend upon the total number of 12” vinyl copies of the Album manufactured and the number of mail-in entrants.
- Where there is a question to answer or additional information to be provided, such information must be correct and supplied in full to win.
- The prize must be taken as stated and cannot be deferred. There will be no cash or other alternative to the prize stated and the prize is not transferable, and no part or parts of the prize may be substituted for other benefits, items or additions. Promoter reserves the right to substitute prizes of equal or greater value at any time.
- Promoter accepts no responsibility or liability for: 1) failed, returned or misdirected notifications based on inaccurate information provided by any entrant on entry, 2) entries, and/or responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, misdirected, damaged or otherwise not received by the intended recipient, in whole or in part due to computer, mobile phone or technical error of any kind. Proof of sending is not proof of receipt; or 3) technical, hardware, or software failures of any kind or lost or unavailable network connections which may limit or prohibit an eligible entrant's ability to participate in the Prize Draw; 4) entries made fraudulently.
- Promoter reserves the right in its sole discretion, to cancel or suspend this Prize Draw should 1) a virus, ‘bug’ or other cause beyond Promoter’s control corrupt the administration, security or proper play of the Prize Draw; or 2) if deemed necessary in Promoter’s opinion (including without limitation where Promoter feels that the Prize Draw is not capable of being conducted as specified). Any modification or amendment will be published.
- Entrants must supply full details as required as part of the Prize Draw, and comply with all rules (including these T&Cs) to be eligible for the prize. Promoter reserves the right, with or without cause, to exclude entrants and/or winners and withhold prizes for violating any of these T&Cs, acting fraudulently or generally breach the spirit of the Prize Draw. Deeming an entry void or disqualified is at Promoter’s absolute and sole discretion.
- This Prize Draw is not open to employees or contractors of Promoter or Artist, any person directly or indirectly involved with Promoter or Artist or in the running of the Prize Draw, or their direct family member.
- Promoter’s decision is final and binding in every situation including not covered in these T&Cs and no correspondence will be entered into.
- Promoter shall use reasonable endeavours to contact the winner within two (2) weeks of the Closing Date and receipt of their email confirming their possession of the golden ticket and or the notification of random selection from the mail entrant. If the Promoter is unable to contact any winner (for any reason) within the aforementioned period, or winner is unable to participate in the prize (after they have been contacted) for any reason (including without limit illness or scheduling) or if the selected winner does not meet the eligibility criteria set out in these T&Cs, then the winner will be deemed to have forfeited their prize and Promoter reserves the right to select an alternative winner.
- The winner hereby agrees to comply with reasonable requests and instructions from Promoter and their representatives during the partaking of any prize and comply with all health and safety standards. Promoter reserves the right to remove a winner from continuing participation in a prize if winner is behaving in a manner which is contrary to the obligations of this clause or in any manner that Promoter, in their discretion, feels is inappropriate.
- Unless prohibited by law, entry constitutes permission to use winner’s and person’s accompanying the winner’s names and likenesses in all media for publicity purposes without any further compensation, including without limitation being published on the Promoter’s or affiliated websites including Instagram and Facebook.
- By entering or accepting a prize in the Prize Draw entrants/ winners will be deemed to have read, understood, accepted and agree to be bound by these T&Cs, to confirm to all laws and regulations and abide by any terms and conditions imposed by any third party provider of the Prize Draw or prize (or part thereof).
- By entering, participants, winners and persons accompanying the winners (“Party”), agree to release and hold harmless Promoter, its parent company, subsidiary and affiliated entities, directors, officers, employees, attorneys, agents and representatives from any damage, injury, death, loss, claim, action, demand or other liability that may arise from their entering (or attempting to enter) this Prize Draw and/ or acceptance and/ or use of prize and/ or their participation in this promotion (including without limitation any loss caused by any errors or changes made by third party providers), or from any misuses or malfunction of any prize awarded or a breach by the Party of these T&Cs. Nothing in these T&Cs shall limit Promoter’s liability for death or personal injury caused by their employees or agents’ negligence or for fraud.
- Neither party to these T&Cs shall be liable for any failure or delay in performance under these terms and conditions to the extent that such failure or delay are caused by conditions beyond their reasonable control, including but not limited to acts of God, government restrictions, wars, insurrection.
- If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these T&Cs and the remaining clauses shall survive and remain in full force and effect.
- These T&Cs and the Prize Draw in respect of all UK residents shall be governed by English law and by entering this Prize Draw all entrants agree that all disputes shall be submitted to the exclusive jurisdiction of the High Courts of Justice. This Prize Draw is void where prohibited by local law.
Prize Terms and Conditions
In respect of Option 1 (Artist will be the function band for an event of winner’s choice (“Event”)):
- The Event must not be held at a domestic location.
- The Event must be a personal, non-commercial event only and should have no connection to and/ or affiliation with any political party or group, religion, pressure group or promote sex and/ or violence or otherwise with any group, personality or association in Artist and Promoter absolute discretion. Promoter and Artist reserve the right to cancel Artist’s appearance at the Event without liability to winner or otherwise, in the event that Artist and/ or Promoter are not satisfied that the Event satisfies the criteria above.
- The Event must be held at a commercial venue accustomed to and licensed for having live music events with a proven track record and must have the appropriate levels of public liability insurance (and any other necessary insurances), public performance licenses, adequate power, be health and safety and fire safety compliant and a covid-secure venue.
- The winner will be responsible for organising, paying for and booking the venue and ensuring that the venue meets the requirements contained herein.
- The winner shall not be entitled to sell tickets and/ or charge entry to the Event.
- The venue must be in the United Kingdom (excluding Northern Ireland). Promoter reserves the right to require winner to choose a different prize in the event that location of the Event is too difficult for Artist to travel to (for whatever reason).
- Any capacity and age rules of the selected venue must be abided by and sufficient security provided to ensure the safety of Artist, winner and other people at the Event, either by the venue or the winner.
- The date of the Event is subject to Artist’s approval and subject to Artist’s commitments. Winner shall give reasonable notice to Artist of any suggested dates for the Event.
- Promoter and Artist accept no responsibility or liability for the Event or anything that happens at the Event or as a result of the Event including without limitation in relation to the venue (including without limitation any fees, charges, failure in health and safety, fire regulations, licensing or security, property damage, injury, illness or death of winner or any one attending or working at the Event or venue on the date of the Event).
- Promoter shall provide the Artist and Artist’s own instruments only.
- Artist shall perform a set at the Event of no more than thirty (30) minutes. Artist shall arrive at the venue in time for their performance and winner shall ensure that there is a dressing room or private area where Artist shall be able to prepare. The prize does not include any contribution to the costs of the Event, travel or accommodation at the Event or any other costs and does not include any so- called meet and greet with the Artist and Artist shall not be obliged to arrive at the venue before their performance or remain at venue after their performance to mingle with winner and/ or their other guests.
- Promoter and Artist reserve the right to cancel Artist’s appearance at the Event without liability to winner or otherwise, in the event that Artist and/ or Promoter are not satisfied that the venue satisfies the criteria in paragraph 2 above, or if guidelines or regulations related to covid 19 change and/ or if either feels that Artist’s safety is in danger.
- Winner shall ensure that no filming or photographs are taken of Artist’s performance at the Event without Promoter’s prior written consent.
- Artist and Promoter reserve the right to perform at such event virtually rather than in person.
- Winner shall not have the right to promote or make public any mention of Artist performing at the Event without Artist and Promoter’s prior written approval, including approval of the content of the release. Promoter and Artist reserve the right to cancel Artist’s appearance at the Event without liability to winner or otherwise, in the event that Winner breaches the provision of this paragraph.
In respect of Option 2 (a creative collaboration with Artist of winner’s choice):
- The winner may suggest a creative collaboration, but Artist will be entitled to disapprove of the collaboration in Artist’s sole discretion, in which case the winner shall be entitled to suggest an alternative idea.
- Winner agrees and acknowledges that all rights in and to the products of Artist’s services (musical, lyrical or otherwise) resulting from the collaboration (the “Materials”) shall remain vested in Promoter and Artist and for the avoidance of doubt be owned by Artist and nothing contained herein or Artist’s participation in the collaboration shall give winner any right to use or exploit the Materials in any manner and in any media save as otherwise specifically agreed by Artist and Promoter.
- The winner will sign any further documentation relating to the Materials requested by Promoter.
- The mechanics, location and date of such collaboration shall be mutually agreed between Artist and winner subject always to Artist’s prior commitments. Artist and Promoter reserve their right to require such collaboration to be undertaken virtually and nothing contained hereon shall obligate Artist to take part in such collaboration in person.
- Artist shall not be required to spend any more than four (4) hours participating in such collaboration.
In respect of Option 3 (guestlist for two (2) people at all future UK and Europe black midi headline live shows for three (3) years subject to the rules below):
- The ten (10) year term shall commence on 29th May 2021 unless otherwise agreed by Promoter and Artist.
- If the winner is not able to attend a show for any reason (as detailed herein or otherwise) or if a particular show is cancelled, the winner’s guestlist spot is non-transferable and shall not be substituted for any other benefits or otherwise. Winner is not able to sell the second guestlist place or receive any money or benefit in kind for taking any person to the show.
- Winner may be required to show valid ID to door personnel to redeem their guestlist entry or to prove their age, failure to show valid ID or being younger than the minimum age required by the venue may result in winner not being granted entry to the show. Winner shall be solely responsible for ensuring that they have with them the relevant ID to gain entry via the guestlist and neither Promoter nor Artist shall have any liability as a result of such failure.
- The rules and regulations of any countries and/ or venues shall continue to apply and any venues’ right to refuse entry or ask a patron (including winner) to leave shall remain in full force and effect. Winner must at all times abide by the rules and regulations in force in any country and/ or venue where Artist is performing a live headline show and entitlement to guestlist place is subject always to winner being able under the rules of a venue or city to attend the live show, including without limitation winner shall not attempt to gain entry to any venue with a minimum age restriction if winner’s age is less than the required minimum age.
- Only applicable to Artist headline shows held in the cities Worldwide. Festival appearances or one off private and/ or corporate shows or charity concerts or TV appearances shall not apply.
- The winner shall be responsible for winner’s cost of travel and accommodation to any and all applicable shows and shall be solely responsible for ensuring that winner and any guest has a valid passport (if travelling outside of the country in which they are resident) in advance of any travel and a valid visa (if required) and any vaccinations and tests (where necessary).
- Promoter and Artist reserve the right to cease providing guestlist spots to winner in the event that either Promoter and/ or Artist becomes aware that winner has caused harm, damage or upset to other fans, venue staff or otherwise or has been asked to leave a venue for any reason.
- In the event that Artist is unable to obtain guestlist for any show winner shall not be entitled to any guestlist spot for such show and no other prize or other benefit will substituted.
- Winner shall be solely responsible for confirming any guestlist spots for particular live shows with Artist’s representative at least one (1) week prior of the particular show and neither Promoter nor Artist shall bear any liability for costs or expenses or inconvenience caused in the event that winner fails to confirm a spot and on arriving at a venue winner is not granted admission.