PRE-SAVE “YOU SUCK!” FOR A CHANCE TO WIN AN IPOD LOADED WITH THE SINGLE, A MESSAGE FROM RACHEL AND NEW MUSIC TEASERS!

Competition Terms and Conditions

Please read these Terms and Conditions carefully. By participating in the Competition described herein, you agree to be bound by these Terms and Conditions and any terms and conditions incorporated by reference. If you do not agree to all of the terms in these Terms and Conditions, do not participate in this Competition. There is no purchase required to participate.

Definitions

The “Artist” means the recording artist professionally known as “Rachel Grae”.

The “Competition” means the prize draw promotion promoted by the Company regarding the Track, as described herein.

“Company” or “we”/“us”/“our” means Instrumental Music Finance Ltd t/a frtyfve.

An “Entry” or the “Entries” means a valid entry to the Competition in accordance with the Terms and Conditions.

“Entry Period” has the meaning given to it in paragraph 3.

“Terms and Conditions” means the terms and conditions as stipulated herein.

“Participant” means any individual that has submitted an Entry to the Competition.

“Track” means the recording embodying the performance of the Artist entitled “You Suck!”.

“Website” means https://laylo.com/rachelgrae/yousuckpresave

Who We Are and How to Contact Us

The promoter of the Competition is the Company on behalf of the Artist. We are a limited company registered in England and Wales under company number 12782535 and our registered office is located at Scale Space, 1st Floor, 58 Wood Lane, London, W12 7RZ. To contact us please e-mail info@frtyfve.com.

Entry Period

The Competition will be open for Entries from Monday 5th June 2023 at 16:00 BST until Thursday 22nd June 2023 at 23:59 BST (the “Entry Period”). All Entries must be received by the Company by no later than the expiry of the Entry Period. All Entries received after the expiry of the Entry Period shall be deemed excluded from the Competition.

Participation

To enter the Competition, Participants must be eligible to enter in accordance with the eligibility criteria below AND:

Navigate to the Website to https://laylo.com/rachelgrae/yousuckpresave; AND

Pre-save the Artist’s Track on Spotify where indicated on the Website;

(the “Activities”)

There is a limit of one entry per person. Any Entry which has been validly completed prior to the Entry Period shall be included as a valid Entry. Entries on behalf of another person will not be accepted and joint submissions are not allowed.

The Participant shall, before submitting an Entry and during the Competition, meet the following criteria in order to be eligible to enter the Competition:

be deemed to have accepted these Terms and Conditions;

be a legal resident of the world.

be eighteen (18) years of age or older (all under the age of majority in their jurisdiction of residence as of the first day of the Entry Period must have a parent or guardian’s permission to participate);

have a valid, lawful, active, and personal Spotify account; and

not have been previously terminated from participation in the Competition.

The Company will not accept Competition entries that are:

automatically generated by a computer;

completed by third parties or in bulk; or

incomplete.

Entries

The Participant must complete the Activities, and these Activities must have been completed either prior to or within the Entry Period, for the Entry to be valid.

If any Participant is younger than the age of majority in their country as of the first day of the Entry Period, then such Participant’s parent or legal guardian must provide written permission to the Company allowing the Participant to take part in the Competition by sending a signed permission statement to the Company at the following e-mail address: info@frtyfve.com.

The Company will not accept responsibility for any Entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.

Winner and Prize

Beginning on or around Friday 23rd June 2023, Artist and/or Company will select three (3) Competition winners (the “Winners”) who will be the first names drawn at random from all of the correct and valid Entries. The Winners will each receive an Apple iPod (the exact model to be chosen by Company in its absolute discretion) which shall be pre-loaded with the Track, a message recorded by the Artist and recorded teasers for new music by the Artist (“Prize”).

The Prize is non-transferable. No substitutions or cash redemptions are offered provided that the Company reserves the right to substitute the Prize in whole or in part for a prize of equal or greater value in the event that any component of the Prize is unavailable for any reason. The value of any replacement Prize represents the Company’s good faith determination. That determination is final and binding and cannot be appealed. The Prize may not be sold, bartered or transferred. The Prize does not include any additional expenses, including, but not limited to incidentals, meals, telephone charges, travel insurance, souvenirs, transportation, federal, state and local sales or other taxes and surcharges which are the sole responsibility of each Winner.

Claiming the Prize

The Winners will be contacted by the Company or the Artist via the e-mail address or phone number the Winners submitted as part of their Entries. The Winners will need to respond within forty-eight (48) hours confirming they can accept the Prize. If any individual Winner fails to respond to the prize notification sent to them within forty-eight (48) hours of transmission; or if the prize notification is undeliverable; or if the Winner is otherwise found to be ineligible; or if the Winner cannot accept or receive the Prize for any reason; or if the Prize is returned undeliverable; the Winner will forfeit the Prize (and no compensation will be given) and an alternate winner will be selected (solely at the Company’s discretion) from all non-winning eligible Entries (the “Alternate Winner”). The Alternate Winner will be notified and be bound by the same conditions and timelines as stated in this paragraph.

The Company reserves the right to modify the notification procedures in connection with the selection of any Winner or Alternate Winner, if any.

Each Winner and Alternate Winner (if any) must be at least eighteen (18) years of age as of the first day of the Entry Period. If any Winner or Alternate Winner is younger than eighteen (18) as of the first day of the Entry Period, then such individual’s parent or legal guardian must provide written permission allowing the Participant to accept the Prize.

The Company will cover any relevant delivery costs of the Prize.

Warranties

By submitting the Entry, Participants warrant, represent and undertake that:

they expressly agree to all terms set forth in these Terms and Conditions;

they have complied with the participation criteria set forth in paragraphs 3 and 4 above; and

they are at least eighteen (18) years of age as of the first day of the Entry Period and, if any Participant is under the age of majority in their jurisdiction of residence as of the first day of the Entry Period, that they have the express permission of their parent or legal guardian to participate in this Competition as contemplated herein.

Taxes and costs

Any and all taxes, and any other costs, in connection with the Competition, an Entry, the Prize or the Participant, are borne by the Participant.

If any telephone, internet, network and data charges will apply (there is no additional charge to enter this Competition) then the Participant must have the bill payer’s permission prior to entering the Competition or submitting an Entry.

Indemnification

The Participant is responsible for making sure that their Entry complies with all applicable local laws, rules, regulations, and sanctions. By participating in this Competition and/or submitting an Entry, each Participant agrees to indemnify and hold the Company and the Artist and their respective subsidiaries, affiliates, partners, dealers, agencies, partners, representatives, agents, successors, assigns, employees, officers and directors and any parties affiliated with the Company or involved in the Competition (“Released Parties”), harmless from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to these Terms and Conditions, including, but not limited to, the content of the Participant’s Entry. The Company shall not be liable for any claims, actions, injury, loss or damage of any kind, pursuant to the Competition or these Terms and Conditions. Furthermore, by participating in this Competition and/or submitting an Entry, each Participant agrees to indemnify and hold harmless the Released Parties from and against any third-party claim arising from use of the Entry.

Data and Privacy

Your personal information and the Entries will be processed in accordance with the Company’s Privacy Policy which also applies to the Participants’ involvement in the Competition including how the Company handles any personal data submitted by the Participant. The Company’s Privacy Policy can be found via the link on the Website. Any questions about these Terms and Conditions or the Privacy Policy, should be directed to: info@frtyfve.com.

By participating in the Competition, the Participant acknowledges that any personal data provided by the Participant will be processed by the Company for the purposes of carrying out its obligations pursuant to these Terms and Conditions. The Participant’s personal data will be stored electronically in accordance with the Data Protection Act 2018.

All personal data that is obtained by the Company, its licensees, its subsidiaries or its partners, under the Competition, will be handled in accordance with the Data Protection Act 2018. The Company will be the data controller in respect of all personal data provided by the Participant pursuant to these Terms and Conditions.

Spotify: We have integrated features of the Spotify platform into the Website. The plug-in makes it possible to establish a direct connection between your browser and Spotify’s server when you visit the Website. As a result, Spotify receives the information that you visited the Website with your IP address. If you click the Spotify button while you are logged in to your Spotify account, you have the option to link content from the web-page with your Spotify profile. If you are logged in to your Spotify account or consequently log in to your Spotify account, this will link your browsing behaviour with your personal profile. You can prevent this by logging out of your Spotify account.

You will be able to log in to your Spotify account using sign-in services. These services will provide you the option to share certain personal information with us, such as your name and e-mail address, together with other information from your public profile with your consent.

For more information on how Spotify may use your personal information, please see Spotify’s privacy policy: https://www.spotify.com/us/legal/privacy-policy/.

Reservations

The Company reserves the right to exclude and suspend Participants from the Competition if such Participant’s conduct is contrary to the spirit or intention of the Competition.

The Company reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Competition should it determine (in its sole discretion) that a virus, bug, non-authorised human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Competition.

Limitation of Liability

Insofar as is permitted by law, the Company, its licensees or distributors will not in any circumstances be responsible or liable to compensate any Participant or accept any liability for any loss, damage, personal injury or death occurring as a result of creating and/or submitting an Entry except where it is caused by the negligence of the Company, its agents or distributors or that of their employees. Participants’ statutory rights are not affected.

The Company and Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, internet, or ISP availability, unauthorised human intervention, traffic congestion, incomplete or inaccurate capture of Entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Competition, including any injury or damage to Participants’ or any other person’s computer relating to or resulting from participating in this Competition or downloading any materials in this Competition. The Company may prohibit a Participant from participating in the Competition if, in its sole discretion, it determines that said Participant is attempting to undermine the legitimate operation of the Competition by cheating, hacking, deception, or other unfair practices (including the use of automated quick entry programs), using multiple accounts to enter or intending to annoy, abuse, threaten or harass any other Participants or Company’s representatives.

CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE; THE COMPANY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

Force Majeure

The Company and its licensees, affiliates and assignees reserve the right to cancel the Competition or amend these Terms and Conditions without notice in the event of circumstances outside its/their control, including without limitation, a major catastrophe, war, civil or military disturbance, strike, earthquake or any actual, anticipated or alleged breach of any applicable law or regulation or any other similar event. No liability shall be attached to the Released Parties as a result thereof. Released Parties are not responsible if the Competition cannot take place due to events including, but not limited to, travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

Participants further acknowledge that neither the Company nor the Artist have any liability in respect of any delays, postponements or cancellations to the Artist’s live shows which are the subject of the Prize.

Governing Law

These Terms and Conditions shall be construed and interpreted in accordance with the laws of England and Wales and all disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of England and Wales.

Last modified: 31st May 2023