1. EMI, a division of Universal Music Operations Limited a company registered in England and Wales at 4 Pancras Square, London, N1 4AG is the administrator (“Administrator”) of this promotion relating to the microsite where fans can leave public messages for Mark Knopfler and unlock exclusive content (“Promotion”) and operates the website located at onedeeprivermarkknopfler.com (“Website”). The Website relates to the musical artist professionally known as Mark Knopfler (“Artist”).
2. Participation in the Promotion is open to any individual who is a legal resident of the country, province or territory (collectively, the “Territory”) where he/she/they resides, who is the age of majority or older as defined in their Territory of residence (“Eligible Participants). By participating in the Promotion, every Eligible Participant confirms they have read and agree to comply with these Terms and Conditions (“Terms”), Administrator’s terms of use located at: https://www.umusic.co.uk/terms.html and all other Promotion requirements. Administrator may require proof you are eligible to participate and reserves the right to remove any Submission without notice and at Administrator’s sole discretion.
3. Access to the internet is required to participate. Eligible Participants are invited to submit their public messages for Mark Knopfler in the form of written copy (“Submission”) where indicated on the Website.
4. To make a Submission to the Website, follow the onscreen instructions to provide:
a. Yours and someone else’s initials
b. The date
c. A public message for Mark Knopfler e.g A written description of a memory of Mark Knopfler
Once properly submitted, confirm your acceptance of the Terms & Conditions, Submission Guidelines and public display of your submission by clicking the appropriate check box and click “Submit”.
PLEASE NOTE, ANY AND ALL SUBMISSIONS RECIEVED FOR THIS PROMOTION MAY BE PUBLICLY VIEWABLE. IN ADDITION, ELIGIBLE PARTICIPANTS UNDERSTAND THAT THEIR SUBMISSIONS MAY BE SEEN BY THE GENERAL PUBLIC OR OPEN TO PUBLIC COMMENTARY, FOR WHICH ADMINISTRATOR SHALL NOT BE LIABLE.
5. The Website will be live as of 7th March 2024. Your Submission will be displayed on a padlock on the Tyne Bridge on the Website if eligible and may remain on the Website for as long as the Website is active. By submitting your Submission, you warrant and represent that you consent to the use of the Submission in the Promotion. Neither the Administrator nor any of Administrator’s affiliates are responsible for any unauthorized third-party use of any Submission. Submissions will not be held “in confidence” and by submitting a Submission this does not create a confidential relationship or obligation of secrecy between any Eligible Participant and the Administrator or any of its affiliates. You agree to grant the Administrator a worldwide, royalty free, irrevocable licence to use, display, publish, copy, transmit, store, reformat, edit, and alter your Submission for the purposes of displaying your Submission on the Website as outlined in these terms.
6. The Administrator is not responsible for (i) lost, late, incomplete, invalid, or misdirected Submissions, including those that are unintelligible, which will not be accepted; (ii) any error, omission, interruption, deletion, defect, delay in operations or transmission, technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, related to the Website or otherwise, or; (iii) inaccurate transmission of or failure to receive the Submission by us on account of technical problems or traffic congestion on the Internet or the Website.
7. By making a Submission, you confirm and agree your Submission complies with the following guidelines. Administrator reserves the right to remove any Submission which is not compliant with these terms and conditions and such removal will be without notice and at Administrator’s sole discretion.
Your Submission cannot:
Your Submission must:
8. You are not required to provide your email address to make a Submission and participate in the Promotion. You may choose to provide your email address as optional to sign-up to the Mark Knopfler newsletter.
9. Any personal information you provide when making a Submission and by participating in the Promotion will hereunder subject to the Administrator’s privacy policy at: https://www.umusic.co.uk/privacy.html (“Privacy Policy”; note that Administrator is a “UMG Company”).
10. If you wish to withdraw your Submission from the Promotion, you may do so by emailing EMIRecords@umusic.com or in writing to: Mark Knopfler, c/o EMI, 4 Pancras Square, London, N1C 4AG, U.K. The Administrator will use all reasonable endeavours to promptly remove any Submission that is validly disputed or requested to be removed in accordance with this provision.
11. In all applicable territories, Administrator is not responsible for any suspension of the Promotion or inability to implement the Promotion as contemplated herein due to any event beyond its control, including delays or interruptions caused by acts of God, pandemic, acts of war, natural disasters, weather, utility outages, acts of terrorism or any federal, state, or local government law, order, or regulation, order of any court or regulator.
12. This Promotion shall be governed by and interpreted under the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action or mandatory local law provisions outside of England and Wales law provisions as per the stated governing law may apply. This choice of law does not deprive Eligible Participants of the protection afforded to them under their own laws and such provisions that cannot be derogated from by agreement by virtue of the law of the Eligible Participant’s own jurisdiction.
13. If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
14. FAIR PROCESSING NOTICE FOR ANY ELIGIBLE PARTICIPANT’S LOCATED IN THE EUROPEAN ECONOMIC AREA:
a. For the purposes of applicable data protection laws, Administrator is the data controller in respect of any personal information processed in connection with the Promotion.
b. Information collected from Eligible Participant’s is subject to Administrator’s Privacy Policy at https://www.umusic.co.uk/privacy.html and applicable data protection laws.
c. Administrator will process any personal information collected in connection with the Promotion for the purposes set out in these Terms (including the management of the Promotion) and Administrator’s Privacy Policy at https://www.umusic.co.uk/privacy.html and in connection with any future offer any Eligible Participant’s has expressly opted-in to receive. Administrator will only undertake further processing where Administrator has obtained the relevant Eligible Participant’s consent or has another lawful basis to undertake such further processing.
d. It is necessary for Administrator to use each Eligible Participant’s personal information for the above purposes in order to perform its obligations to each Eligible Participant in relation to the administration of the Promotion or it is in Administrator’s legitimate interest to use each Eligible Participant’s personal information in the ways described in these Terms in order to ensure the proper administration of the Promotion and for the other purposes described.
e. Administrator will only share each Eligible Participant’s personal information with Administrator’s group companies, affiliates and suppliers who are assisting Administrator in relation to the above purposes, with any third parties, if applicable, specified in Administrator’s Privacy Policy and as otherwise required by applicable law.
f. Administrator (and its group companies, affiliates and suppliers) are located in the United Kingdom and therefore by entering the Promotion each Eligible Participant acknowledges that his or her personal information will be transferred and processed by Administrator and Administrator’s group companies, affiliates and suppliers outside the European Economic Area. Administrator will take reasonable steps to ensure the security of each Eligible Participant’s personal information in accordance with applicable data protection laws.
g. Eligible Participant’s in the European Economic Area have certain rights in relation to Administrator’s processing of their personal information including rights of access, rectification and erasure, a right to restrict processing, a right to data portability and the right to object to certain types of processing (including in relation to direct marketing). If any Eligible Participant’s has a concern about any aspect of Administrator’s privacy practices, including the way Administrator has handled the Eligible Participant’s personal information, the Eligible Participant should contact Administrator using the contact details in the section above. Eligible Participant’s can also report any issues or concerns to their local supervisory authority. A list of contact details for all EU supervisory authorities can be found at: http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.
h. For more information about Administrator’s processing activities and how to exercise data subject rights, including to opt out of the Promotion and any electronic marketing, please see Administrator’s Privacy Policy at https://www.umusic.co.uk/privacy.html.