Terms & Conditions

Clause 1 Definitions

In these general terms and conditions the following terms have the following meaning:

a) “Website”:

The website Sensation.com to which reference is made in these general terms and conditions is offered and operated by Sensation International Holdings B.V.,

b) “Sensation.com”:

The party and legal person Sensation International B.V., which is a user of these general terms and conditions vis-à-vis the visitor to the Website, which legal person is responsible in all respects for the Website;

c) “Download”:

By means of a connection with the Internet through the visitor’s computer retrieving a file from the Website, which file can consist of software, an picture file, an audio file or a video (and audio) file, the Website usually offers the Downloads free of charge.

d) “Streaming”:

Via the Internet, by means of a connection through the visitor’s computer to the Sensation.com server, listening to and/or viewing files on the Website, without transporting the file to the visitor’s computer;

e) “Visitor(s)”:

Those persons who visit the Website via an Internet connection, and who may or may not acquire Downloads free of charge;


Clause 2 Legal person

Sensation.com is a trade name and a registered trademark of Sensation International B.V., a private limited company under Dutch law, having its registered office in Amsterdam at Rhôneweg 54, 1043 AH in Amsterdam., and is registered with the Chamber of Commerce of Amsterdam under number 34203254.


Clause 3 Application

These conditions apply to gifting and delivery of Downloads and Streamings via the Website and to every contact between the Website and the visitor. By accepting an offer on the Website and/or ordering a certain Download and/or Streaming, the visitor to the Website accepts these general terms and conditions. These conditions are set out on the Website and shall also be sent upon request free of charge.


Clause 4 Alteration of conditions

These general terms and conditions can be altered from time to time. An altered version will then be published on the Website. The altered conditions will apply as of the date of publication. If the visitor does not accept the altered conditions, he/she must immediately stop using and stop visiting the Website


Clause 5 Registration and privacy

In order to be able to download files the visitor must register, whereby username, password, name, address, city and domicile, date of birth, telephone number, e-mail address and the mobile telephone number will be registered and stored by Sensation.com.

By accepting these conditions the visitor gives permission for the saving, storing and on certain conditions using of these personal details. The storage on the (server of the) Website and the use of these personal details by the Website are subject to the privacy regulations that are published on the Website. The visitor accepts the conditions set out in said regulations.

The visitor will be asked on the Website whether he/she wishes to be sent certain information or be kept abreast of certain promotional campaigns or offers. The visitor will also be asked on the Website whether he or she agrees to the use of his/her details by other businesses within theSensation International concern. In both cases, if the visitor has answered these questions in the affirmative, this will be seen as permission for sending information and the use of personal details.

The details may only be used by Sensation.com, being Sensation International B.V. and its subsidiar(y)(ies), and only after having received permission as referred to above, by other businesses affiliated withSensation International B.V. in conformity with the regulations. Sensation.com will not pass on the information or allow third parties to use it. The visitor waives any claim vis-à-vis the Website insofar as his/her information is used in accordance with said regulations.


Clause 6 Non-disclosure to third parties

The visitor will not disclose his/her username and password to a third party or parties and is at all times personally responsible and liable for the loss of this information. Should this information become known to a third party, the visitor will immediately report this viainfo@sensation.com so that the Website blocks further access. The Website is never liable for loss of this information or for any damage and costs which can ensue for the visitor from such loss. Sensation.com will see to it that details of the visitor are not disclosed or used for other purposes than those for which such is strictly necessary in the framework of compliance with the general conditions, or in a manner for which provision is made in the privacy regulations.


Clause 7 Information on the Website / Liability

Although Sensation.com pays great care and attention to the information provision on the Website, it cannot give a guarantee with regard to the nature and contents of the information and Sensation.com is in no way liable for the contents and the consequences of use thereof.

Sensation.com is not liable for any damage to the visitor’s computer, consequential or delay damage, damage caused by flood disruptions or a poor connection via the internet.

It can occur that technical problems arise on the Website and at that time it is possible that the visitor cannot (temporarily) download (certain) files at that time. Sensation.com is never liable for any damage or delay ensuing there from for the visitor.

Sensation.com, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of the Website or any information, services or content on the Website.


Clause 8 Intellectual property rights

All information which is published on the Website or what belongs thereto, including audio, video and/or other files, Streamings, Downloads, software, designs, drawings, logos and trademarks are the intellectual property of Sensation.com or any licensor of Sensation.com on the basis of the law or a contract. The visitor must at all times acknowledge and comply with these intellectual property rights and adhere to all restrictions which the law sets for the use of protected works. The downloading, streaming and other use of products and files is regulated in user rules, which are included in these conditions. The visitor is at all times bound to comply with these user rules. These user rules are based on, inter alia, the prevailing text of the Copyright Act 1912 and only form a brief summary to indicate orders and prohibitions for the visitor on the basis of the law. The regulations of the Copyright Act and other intellectual property right laws always apply in full in respect of every use. The visitor is prohibited from reproducing, changing, or uploading a Download or some other material from the Website, or to play such in public, exhibit such, make such available to third parties, execute such, (re)sell such, abuse such, etc., as all said actions are reserved for the party entitled thereto. The visitor is prohibited from adapting, circumventing, decoding or encoding or interfering with software or files .


Clause 9 Hyperlinks

The Terms and Conditions apply only to the Website and not to any of the sites which the Website hyperlinks to. Sensation.com assumes no responsibility whatsoever for websites that the Website either hyperlinks to or otherwise refers to. In particular, Sensation.com does not assume any responsibility for any information or content on such sites (including but not limited to any views, advice, opinions, advertising or recommendations). Nor does Sensation.com assume any responsibility in connection with any product or service such sites may offer. Under no circumstances will Sensation.com, its officers, employees, contractors or content providers be liable, directly or indirectly, for any loss or damage resulting from you accessing or using, or otherwise in connection with, any website either hyperlinked to or otherwise referred to on the Webite. Links do not imply that Sensation.com endorses, is affiliated or associated with any linked site or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol of Sensation.com or any of its affiliates or subsidiaries.


Clause 10 Advertising and sponsorship

Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.


Clause 11 Competitions

Please ensure that you have read our general competition rules which apply to all of Sensation.com’s competitions. When you enter a specific competition Sensation.com will alert you to any specific rules and/or restrictions applicable to that competition.


Clause 12 Miscellaneous

If any provision of these general terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these general terms and conditions, which shall remain in full force and effect.

These general terms and conditions are governed by Dutch law. Sensation.com controls and operates the Website from its offices in The Netherlands. Sensation.com does not represent that the content or other information provided on the Website (including any advertising, promotion or any service) are appropriate, relevant or available for use outside The Netherlands. If you choose to access the Website from locations outside The Netherlands, you so do on your own initiative and are responsible for compliance with local laws.

Sensation.com’s competition terms and conditions (the “Rules”)


Definitions

“Competition” means any of our competitions (including but not limited to our online and/or mobile competitions).

“we”, “us”, “our”, “Sensation.com”, “Sensation” means Sensation International Holdings B.V. of Rhôneweg 54, 1043 AH Amsterdam.

“Website” means the Website situated at www.Sensation.com

“Specific Rules” means those specific terms relating to a Competition (including but not limited to the entry and closing dates, prizes available and entry requirements) as may be set out on the relevant Website posting/other printed information for such Competition.


General

These Rules describe the terms and conditions applicable to your participation in any Competition. If you do not agree to be bound by these Rules you may not partake in the Competition.

1. The Competition is organised by Sensation.com.

2. Sensation.com reserves the right to cancel or amend the Competition or the Rules at any time without prior notice. Any changes will be posted on the Website.

3. In the event of any dispute regarding the Rules, conduct, results and all other matters relating to the Competition, the decision of Sensation.com shall be final and no correspondence or discussion shall be entered into.


Qualifying Entrants

1. By entering the Competition, you hereby warrant that all information submitted by you is true, current and complete.

2. Only individuals who can lawfully enter into and form contracts under applicable law may compete in the Competition. In all cases you must be at least 18 years of age and proof of age will be required.

3. Sensation.com reserves the right to disqualify any entrant if it has reasonable grounds to believe the entrant has breached any of these Rules.

4. In the event that any entrant is disqualified from the Competition, Sensation.com in its sole discretion may decide whether a replacement contestant should be selected. In this event, any further entrant will be selected on the same criteria as the original entrant and will be subject to these Rules.


Entering the Competition

1. Competition entries must be made in the manner and by the closing date set out in the Specific Rules.

2. There is no purchase requirement to enter the Competition. Internet connection charges will be charged as per your agreement with your ISP provider. Mobile phone charges will be charged as per your agreement with your network provider and as set out in the Specific Rules. You must seek permission from the bill payer prior to entering the Competition.

3. Entry to the Competition is open between those dates set out in the Specific Rules.

4. Incomplete or late entries will not be accepted. Sensation.com accepts no responsibility for entries. Proof of sending/posting is not proof of receipt. Sensation.com does not accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to entries, or entries lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control. Sensation.com does not accept responsibility for the return of any Competition entries.


Prizes

1. After the Competition has closed, prize winners will be chosen at random unless specified otherwise in the Specific Rules. Any “tie-breakers” will be judged by Sensation.com and, if required by law, by an independent adjudicator.

2. Prize winners (“Winners”) will be notified in the manner and within the time set out in the Specific Rules. If more than one prize is awarded, only one prize per entrant will be awarded.

3. Prizes are non-transferable and there is no cash alternative. Sensation.com reserves the right to substitute prizes of equal or greater value at any time. All prizes are offered subject to the terms and conditions of the manufacturer or supplier.

4. Prizes are awarded at Sensation.com’s discretion and no prizes will be awarded as a result of improper actions by or on behalf of any entrant.

5. In order to be eligible for prizes, the Winner(s) (and guest if applicable) agree to: (i) sign an affidavit of eligibility if required; (ii) release Sensation.com from any and all liability, claims, demands, and causes of action for personal injury and/or damage, theft, or loss suffered in connection with the Competition or the use or acceptance of the prize(s) or any portion thereof save where due to Sensation.com’s negligence; and (iii) sign a promotional release granting Sensation.com (or a third party acting on Sensation.com’s behalf) the right to use your name and likeness for advertising and publicity purposes without additional compensation. Entry into the Competition constitutes the Winner(s)' agreement to sign such releases. The Winner(s) (and guest if applicable) must complete all legal documents and return them to Sensation.com within five (5) working days of receipt from Sensation.com. Non-compliance will result in disqualification of the Winner(s) and an alternative winner will be selected.

6. The receipt, by any Winner(s), of any of the prize components of the Competition is conditional upon compliance with any and all laws, rules and regulations. The Winner(s) are solely responsible for all insurance, applicable taxes and for any expenses not specified in the prize description.

7. The Winner(s) agree that Sensation.com, its subsidiaries, affiliates, related companies and employees, and any other sponsors shall have no liability in connection with acceptance or use of any of the prizes awarded herein. Sensation.com reserves the right to disqualify any entrant and/or Winner at our absolute discretion.

8. In the event that Sensation.com is unable to contact the Winner(s) within a reasonable time period after the closing date and/or if the Winner(s) are unable to comply with these Rules, Sensation.com may at its own discretion choose an alternative Winner(s) from the pool of entrants.


Intellectual Property Rights

1. In consideration of Sensation.com agreeing to consider entrants to the Competition, each entrant hereby assigns to Sensation.com the complete copyright and all other rights, title and interest throughout the world in any entry.

2. Furthermore, any information submitted by you must be personal to and relate specifically to you. You hereby warrant that the information which you submit and/or distribute will not infringe the intellectual property, privacy or any other rights of any third party, and will not contain anything which is libellous, defamatory, obscene, indecent, harassing or threatening. If relevant, Sensation.com reserves the right, but not the obligation, to screen, filter and/or monitor information (including but not limited to the entries) provided by you and to edit, modify, amend, censor and/or refuse to distribute or remove the same.


Liability

Sensation.com cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any entrant entering the Competition or as a result of accepting any prize. Sensation.com 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 email or entry to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web Website, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer or mobile telephone related to or resulting from participation or downloading and/or submitting any materials in the Competition. Nothing shall exclude Sensation.com’s liability for death or personal injury as a result of its negligence.


Data Protection and Publicity

1. Winners may be requested to take part in promotional activity and Sensation.com reserves the right to use the names and addresses of winners, their photographs and audio and/or visual recordings of them in any publicity.

2. Any personal information, including, without limitation, the entrant's name, age, address, (including postcode), telephone number and/or email address which is obtained by us by virtue of entrants entering the Competition may, with the entrant's consent, be used by us or disclosed to third parties for certain marketing, market research, analysis and related purposes.


Contact Details

You can contact us in relation to the Competition by writing to [INSERT NAME OF COMPETITION], Sensation.com, De Entree 300, 1101 EE Amsterdam, the Netherlands