1 Terms & Conditions
1.1 Introduction
These Terms and Conditions ("Terms") govern your access to and use of the website operated by the International Metalheads Club ("IMHC", "we", "us", or "our"), accessible at this domain and any associated subdomains (the "Website"). The IMHC is an unincorporated organisation founded in Ireland in 2002.
By accessing or using this Website, you ("you", "your", "the User") confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.
1.2 Eligibility
You must be at least 16 years of age to use this Website. If you are under 16, you may only use the Website with the consent and supervision of a parent or legal guardian. By using this Website, you represent and warrant that you meet this age requirement.
1.3 Changes to These Terms
We reserve the right to amend, modify, or update these Terms at any time at our sole discretion. Any changes will be posted on this page with an updated "Effective Date". Your continued use of the Website after any such changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
1.4 Access and Availability
We do not guarantee that the Website will be available at all times or without interruption. We reserve the right to withdraw, suspend, or restrict access to the Website (or any part thereof) at any time, without notice and without liability.
2 User Accounts
2.1 Registration
Certain features of the Website may require you to create a user account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
2.2 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.
2.3 Account Suspension and Termination
We reserve the right to suspend, disable, or permanently terminate your account at our sole discretion, with or without notice, for any reason including but not limited to:
- Breach of these Terms
- Conduct that we determine to be harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Posting of illegal, infringing, or otherwise prohibited content
- Inactivity for an extended period
- Request by law enforcement or government agencies
2.4 Account Deletion
You may request the deletion of your account at any time by contacting us at the email address provided in the Contact section below. Upon account deletion, we will remove or anonymise your personal data in accordance with our Privacy Policy, subject to any legal obligations requiring data retention.
3 User Content & Blog/Wiki Features
3.1 User-Generated Content
The Website may allow you to post, submit, publish, or display content including but not limited to text, images, comments, reviews, blog posts, wiki entries, and forum contributions ("User Content"). You retain ownership of your User Content; however, by submitting User Content, you grant the IMHC a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with operating and promoting the Website.
3.2 Content Standards
You agree that all User Content you submit will comply with the following standards. User Content must not:
- Be unlawful, fraudulent, deceptive, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
- Infringe upon the intellectual property rights, privacy rights, or any other rights of any third party
- Contain viruses, malware, or any other harmful computer code
- Constitute spam, unsolicited advertising, or promotional material
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Contain personal information of third parties without their express consent
- Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group (note: the metal community is built on inclusion and mutual respect)
- Violate any applicable law or regulation
3.3 Content Moderation
We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason and without notice. We are not responsible or liable for any User Content posted by users of the Website.
3.4 Reporting Content
If you believe any User Content violates these Terms or is otherwise objectionable, please contact us using the details provided in the Contact section below. We will investigate reported content and take appropriate action at our discretion.
4 Intellectual Property
4.1 Our Content
Unless otherwise stated, all content on this Website, including but not limited to the IMHC name, IMHC logo, text, graphics, images, design, layout, software, and the selection and arrangement thereof, is the property of the International Metalheads Club or its licensors and is protected by copyright, trademark, and other intellectual property laws.
4.2 Restricted Use
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on this Website without our prior written consent, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your access and viewing
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages for your personal, non-commercial use only
4.3 Third-Party Content
Certain images, names, and trademarks of bands, artists, and other third parties appearing on this Website remain the property of their respective owners. Their use on this Website does not imply any endorsement by, or affiliation with, the respective rights holders unless explicitly stated.
5 Prohibited Activities
You agree not to engage in any of the following activities in connection with your use of the Website:
- Using the Website for any illegal or unauthorised purpose
- Attempting to gain unauthorised access to any part of the Website, other user accounts, computer systems, or networks connected to the Website
- Interfering with or disrupting the integrity or performance of the Website or its servers
- Introducing viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Using any automated means (including bots, scrapers, or spiders) to access, collect data from, or interact with the Website
- Reverse-engineering, decompiling, or disassembling any software or technology underlying the Website
- Using the Website to harvest or collect email addresses or other personal information of other users
- Circumventing any measures we use to prevent or restrict access to the Website
6 External Links
This Website may contain links to third-party websites or services, including but not limited to Spotify, social media platforms, and external band or venue websites. These links are provided for your convenience and information only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites.
7 Privacy Policy
7.1 Introduction
This Privacy Policy explains how the International Metalheads Club ("IMHC", "we", "us", or "our") collects, uses, stores, and protects your personal data when you visit or use our Website. This policy is provided in compliance with the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Data Protection Act 2018 (Ireland), the ePrivacy Directive 2002/58/EC, and the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011), as amended.
The IMHC is the data controller for the purposes of data protection legislation in respect of the personal data collected through this Website.
7.2 Data Protection Officer
For any queries or concerns regarding your personal data, you may contact us at:
7.3 What Personal Data We Collect
We may collect and process the following categories of personal data:
| Category |
Data Collected |
Legal Basis (GDPR Art. 6) |
| Identity Data |
First name, last name, username, display name |
Contractual necessity / Consent |
| Contact Data |
Email address, postal address, telephone number |
Contractual necessity / Consent |
| Account Data |
Username, password (encrypted), account preferences, profile information |
Contractual necessity |
| Technical Data |
IP address, browser type and version, time zone, operating system, device type, screen resolution |
Legitimate interests |
| Usage Data |
Pages visited, links clicked, time spent on pages, referring URLs, navigation paths |
Legitimate interests / Consent |
| Transaction Data |
Purchase details, order history, payment method type (not card numbers), billing/shipping address |
Contractual necessity |
| Communication Data |
Messages sent via contact form, email correspondence, support enquiries |
Legitimate interests / Consent |
| User Content Data |
Blog posts, wiki contributions, forum posts, comments, uploaded images |
Consent / Contractual necessity |
| Marketing Data |
Newsletter preferences, communication opt-ins/opt-outs |
Consent |
7.4 How We Collect Your Data
We collect personal data through the following means:
- Directly from you: When you create an account, fill in forms, submit content, subscribe to newsletters, make a purchase, contact us, or correspond with us
- Automatically: Through cookies, server logs, and analytics technologies when you interact with our Website (see Cookie Policy below)
- Third parties: We may receive data from analytics providers (such as Google), payment processors, and social media platforms where you interact with our content
7.5 How We Use Your Data
We use your personal data for the following purposes:
- To provide, operate, and maintain the Website and its features
- To create and manage your user account
- To process and fulfil merchandise orders and transactions
- To respond to your enquiries, comments, and requests submitted via the contact form
- To send you newsletters, event information, and promotional communications (where you have opted in)
- To analyse Website usage and improve our content, functionality, and user experience
- To detect, prevent, and address fraud, security issues, and technical problems
- To comply with legal obligations and enforce our Terms
- To administer and protect our business and the Website
7.6 Data Retention
We retain your personal data only for as long as is necessary to fulfil the purposes for which it was collected, or as required by applicable law. Specifically:
- Account data: Retained for the duration of your account, plus 12 months following deletion request to allow for account recovery
- Transaction data: Retained for 7 years to comply with Irish tax and accounting obligations under the Taxes Consolidation Act 1997
- Communication data: Retained for 3 years from the date of the last communication
- Analytics data: Retained in accordance with our Google Analytics settings (see Section 9)
- Marketing consent records: Retained for as long as the consent is active, plus 3 years thereafter as evidence of consent
7.7 Data Sharing
We do not sell your personal data. We may share your data with the following categories of recipients:
- Service providers: Hosting providers, email service providers, analytics providers, and payment processors who assist in operating the Website, subject to contractual data processing agreements
- Payment processors: For merchandise transactions (see Payments section)
- Legal authorities: Where we are required to do so by law, regulation, legal process, or governmental request
- Professional advisors: Lawyers, auditors, and insurers where necessary
7.8 International Transfers
Some of our third-party service providers (such as Google) may process your data outside the European Economic Area (EEA). Where this occurs, we ensure appropriate safeguards are in place, including:
- EU adequacy decisions under GDPR Article 45
- Standard Contractual Clauses (SCCs) approved by the European Commission under GDPR Article 46(2)(c)
- The EU-U.S. Data Privacy Framework, where applicable
7.9 Data Security
We implement appropriate technical and organisational measures to protect your personal data against unauthorised access, alteration, disclosure, or destruction, including:
- SSL/TLS encryption for data in transit
- Encryption of passwords using industry-standard hashing algorithms
- Access controls limiting data access to authorised personnel only
- Regular security assessments and updates
- Secure hosting infrastructure
Whilst we take all reasonable steps to protect your data, no transmission of data over the internet is completely secure. We cannot guarantee the absolute security of your data transmitted to our Website, and any transmission is at your own risk.
7.10 Data Breach Notification
In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the Irish Data Protection Commission without undue delay and, where feasible, within 72 hours of becoming aware of the breach, as required by Article 33 of the GDPR.
Where a breach is likely to result in a high risk to your rights and freedoms, we will also notify you directly without undue delay, using the contact information you have provided (typically email), in compliance with Article 34 of the GDPR. The notification will describe, in clear and plain language, the nature of the breach, the likely consequences, and the measures taken or proposed to address it.
We maintain an internal register of personal data breaches (whether or not they require notification) as required by Article 33(5).
9 Google Analytics
This Website uses Google Analytics, a web analytics service provided by Google Ireland Limited ("Google"), Gordon House, Barrow Street, Dublin 4, Ireland.
Google Analytics uses cookies to collect information about how visitors use the Website. This information includes:
- Pages visited and time spent on each page
- How you arrived at the Website (referring URLs, search engines)
- Your approximate geographic location (based on IP address)
- Your browser type, device type, and operating system
- Interactions with Website elements
We have implemented the following privacy-protective measures for Google Analytics:
- IP Anonymisation: We use Google Analytics' IP anonymisation feature, which truncates your IP address within the EEA before transmission to Google servers
- Data Processing Agreement: We have entered into a data processing agreement with Google in accordance with GDPR Article 28
- No data sharing: We have disabled data sharing with Google for advertising purposes
Google Analytics cookies will only be placed on your device after you have given your explicit consent through our cookie consent mechanism. You can withdraw your consent at any time (see Cookie Policy below).
For further information on how Google processes your data, see Google's Privacy Policy. You may also opt out of Google Analytics tracking by installing the Google Analytics Opt-out Browser Add-on.
9A Cloudflare Turnstile (Bot Protection)
This Website uses Cloudflare Turnstile, a privacy-preserving alternative to CAPTCHA, to protect our forms (the mailing list signup, Metal Hertz FM submission form, and the admin login portal) from automated abuse, spam, and bots. Turnstile is provided by Cloudflare, Inc., 101 Townsend Street, San Francisco, California 94107, United States.
Turnstile runs a non-interactive challenge in the background when you interact with a protected form. To do this, it may collect limited technical information including:
- Browser type and version
- Device characteristics (screen resolution, timing signals, input events)
- IP address
- Interactions with the widget
Legal basis: We rely on legitimate interests (GDPR Article 6(1)(f)) to prevent fraud, abuse, and automated attacks against our Website and users. Protecting forms from bots is a necessary security measure.
Turnstile does not use tracking cookies and does not identify individual users. Cloudflare states that the data collected is used solely for challenge resolution and abuse prevention, and is not used for advertising or user profiling.
For further information on how Cloudflare processes data, see the Cloudflare Privacy Policy and the Turnstile documentation.
9B Mailing List
Opt-In
You can subscribe to the IMHC mailing list by submitting your name and email address via the form on the Website and ticking the explicit consent checkbox. Subscription is strictly opt-in: we will never add your details to the list without you actively signing up.
After submitting the form, you will receive a double opt-in confirmation email containing a unique confirmation link. Your email address will only be added to our active mailing list once you click that link. Unconfirmed subscriptions are automatically treated as pending and are deleted if not confirmed.
Data Collected & Legal Basis
For each subscription we collect and store:
- Your name
- Your email address
- The IP address and browser user-agent at the time of consent (proof of consent)
- A timestamp of when consent was granted and when you confirmed your subscription
The legal basis for processing is consent (GDPR Article 6(1)(a)) for marketing communications, and legitimate interests (Article 6(1)(f)) for storing proof of consent.
What You Will Receive
Mailing-list emails may include IMHC news, meetup announcements, band spotlights, award reveals, and related content from the International Metalheads Club. We will not share your email address with third parties for their marketing purposes.
Your Unsubscribe Rights
Every mailing-list email we send contains:
- A clearly visible one-click unsubscribe link that works without requiring you to log in
- Standards-compliant
List-Unsubscribe and List-Unsubscribe-Post headers (RFC 8058), allowing your email client to offer native unsubscribe
- A mailto unsubscribe fallback address
When you unsubscribe, your email address is immediately marked inactive and will no longer receive mailing-list emails. Your record is retained in a suppressed state for a short period solely to prevent accidental re-subscription, after which it is deleted on request via privacy@internationalmetalheadsclub.com.
Retention
Active subscriber data is retained for as long as your subscription is active. Upon unsubscribe, we retain minimal suppression-list data for up to 6 months (to prevent re-addition and prove suppression), after which it is fully deleted. You can request immediate deletion at any time.
10 Cookie Policy
10.1 What Are Cookies
Cookies are small text files placed on your device when you visit a website. They are widely used to make websites work more efficiently and to provide information to website operators.
10.2 Cookies We Use
| Cookie Type |
Purpose |
Duration |
Consent Required |
| Strictly Necessary |
Essential for Website operation, session management, security, cookie consent preferences |
Session / 1 year |
No (exempt under ePrivacy Directive) |
| Functional |
Remember your preferences (e.g., language, display settings, login state) |
1 year |
Yes |
| Analytics (Google Analytics) |
Collect anonymous usage statistics to improve the Website |
Up to 2 years |
Yes |
10.3 Managing Cookies
When you first visit our Website, you will be presented with a cookie consent banner allowing you to accept or reject non-essential cookies. You can change your cookie preferences at any time by:
- Clicking the cookie settings link in the Website footer
- Adjusting your browser settings to block or delete cookies
- Using browser-specific tools or extensions to manage cookies
Please note that disabling certain cookies may affect the functionality of the Website.
10.4 Do Not Track
Some browsers offer a "Do Not Track" (DNT) feature. We currently respect DNT signals by disabling Google Analytics tracking for users who have enabled DNT in their browsers.
11 GDPR & Your Rights
11.1 Your Rights Under GDPR
Under the General Data Protection Regulation and the Irish Data Protection Act 2018, you have the following rights in relation to your personal data:
| Right |
Description |
| Right of Access (Art. 15) |
You have the right to request a copy of the personal data we hold about you, along with information about how it is processed. |
| Right to Rectification (Art. 16) |
You have the right to request correction of any inaccurate or incomplete personal data we hold about you. |
| Right to Erasure (Art. 17) |
You have the right to request the deletion of your personal data where there is no compelling reason for its continued processing (the "right to be forgotten"). |
| Right to Restriction (Art. 18) |
You have the right to request the restriction of processing of your personal data in certain circumstances. |
| Right to Data Portability (Art. 20) |
You have the right to receive your personal data in a structured, commonly used, and machine-readable format and to transmit it to another controller. |
| Right to Object (Art. 21) |
You have the right to object to the processing of your personal data based on legitimate interests or for direct marketing purposes. |
| Right to Withdraw Consent (Art. 7(3)) |
Where processing is based on consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal. |
| Right Not to be Subject to Automated Decision-Making (Art. 22) |
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you. |
11.2 How to Exercise Your Rights
To exercise any of the above rights, please contact us at privacy@internationalmetalheadsclub.com. We will respond to your request within one month of receipt, as required by GDPR Article 12(3). This period may be extended by a further two months where necessary, taking into account the complexity and number of requests.
We may request verification of your identity before processing your request, to ensure that we do not disclose personal data to an unauthorised individual.
There is no fee for exercising your rights. However, we may charge a reasonable fee or refuse to act on a request if it is manifestly unfounded or excessive, in accordance with GDPR Article 12(5).
11.3 Right to Lodge a Complaint
If you are dissatisfied with how we handle your personal data or your data protection rights, you have the right to lodge a complaint with the Data Protection Commission (An Coimisiun um Chosaint Sonrai), the Irish supervisory authority:
11.4 Children's Privacy
Our Website is not directed at children under the age of 16. We do not knowingly collect personal data from children under 16 without parental consent, in accordance with GDPR Article 8 and the Irish Data Protection Act 2018, Section 31. The age of digital consent in Ireland is 16 years. If we become aware that we have collected personal data from a child under 16 without appropriate consent, we will take steps to delete that data promptly.
12 Merchandise Store
12.1 General
The IMHC may offer merchandise, apparel, and other physical goods for sale through the Website (the "Store"). All purchases from the Store are subject to these Terms and the specific provisions set out in this section.
12.2 Product Descriptions and Availability
We endeavour to ensure that product descriptions, images, and pricing on the Store are accurate. However, we do not warrant that product descriptions, images, pricing, or other content on the Store is accurate, complete, reliable, current, or error-free. If a product offered on the Store is not as described, your sole remedy is to return it in unused condition in accordance with our Refunds policy below.
All products are subject to availability. We reserve the right to limit quantities, discontinue products, or refuse any order at our sole discretion.
12.3 Pricing
All prices are displayed in the currency indicated on the Store and are inclusive of applicable VAT (Value Added Tax) at the rate applicable in Ireland, unless otherwise stated. Shipping and delivery costs will be displayed at checkout and may vary based on your delivery location.
12.4 Order Acceptance
Submission of an order constitutes an offer to purchase. We reserve the right to accept or reject any order. An order is not accepted until we send you an order confirmation email. A binding contract is formed only upon dispatch of the goods.
12.5 Buyer Beware
IMPORTANT NOTICE: All merchandise is sold on an "as is" basis. Whilst we take reasonable care in the selection, quality, and description of our products, all products are provided without any express or implied warranties beyond those required by applicable law. You are responsible for reviewing product descriptions, sizing information, and images before placing an order.
13 Payments & Refunds
13.1 Payment Processing
Payments for merchandise are processed through third-party payment providers. We do not store your full credit card or debit card details on our servers. All payment transactions are encrypted and processed in compliance with the Payment Card Industry Data Security Standard (PCI DSS).
By placing an order, you warrant that the payment method used belongs to you or that you are authorised to use it, and that sufficient funds are available.
13.2 Consumer Rights & Refunds
Your statutory consumer rights under Irish and EU law are not affected by these Terms. In particular:
Right of Withdrawal (Distance Selling): Under the European Union (Consumer Rights) Regulations 2013 (S.I. No. 484 of 2013), implementing EU Directive 2011/83/EU, you have the right to cancel your order within 14 calendar days of receiving your goods, without giving any reason. To exercise this right, you must inform us of your decision by a clear statement (e.g., email). You must return the goods within 14 days of notifying us of the cancellation. Goods must be returned in their original condition, unused and with all tags attached. The cost of returning the goods is borne by you unless the goods are faulty or not as described.
Faulty or Defective Goods: Under the Sale of Goods and Supply of Services Act 1980 and the Consumer Rights Act 2022 (Ireland), goods must be of satisfactory quality, fit for purpose, and as described. If goods are faulty, defective, or not as described, you are entitled to a repair, replacement, or refund. Claims for faulty goods must be made within a reasonable time of discovery of the defect.
13.3 Refund Process
Eligible refunds will be processed within 14 days of receiving the returned goods (or proof of return shipment). Refunds will be issued to the original payment method. Shipping costs are non-refundable unless the return is due to our error or a defective product.
13.4 Exclusions from Refund
The following items are excluded from the right of withdrawal unless faulty:
- Personalised or custom-made items
- Sealed goods which have been unsealed after delivery and are not suitable for return due to health or hygiene reasons
- Digital content once download or streaming has commenced, where you have given prior express consent and acknowledged loss of the right of withdrawal
13.5 Chargebacks
If you initiate a chargeback with your payment provider before contacting us to resolve a dispute, we reserve the right to suspend your account pending resolution. We encourage you to contact us first at info@internationalmetalheadsclub.com so we can attempt to resolve the matter directly.
13A Giveaways, Competitions & Prize Draws
13A.1 Overview
From time to time, the International Metalheads Club runs free giveaways, competitions, and prize draws ("Giveaways"). These rules apply to every Giveaway we run, in addition to the rest of these Terms and our Privacy Policy. Where we publish specific rules for an individual Giveaway (for example, the prize, the closing date, or the number of winners), those specific rules form part of these Terms and will prevail to the extent of any conflict with this section. By entering a Giveaway, you confirm that you have read, understood, and agree to be bound by these rules.
We operate our Giveaways in accordance with applicable Irish and European law, including the Gaming and Lotteries Acts 1956–2019, the Consumer Protection Act 2007 (which implements the EU Unfair Commercial Practices Directive 2005/29/EC), the General Data Protection Regulation (EU) 2016/679, and the ASAI Code of Standards for Advertising and Marketing Communications in Ireland.
13A.2 No Purchase Necessary — Free Entry
Entry to our Giveaways is always free. No purchase, payment, or other financial contribution is ever required to enter or to win. Because no payment or consideration is required to take part, our Giveaways are operated as free prize draws and are not lotteries within the meaning of the Gaming and Lotteries Acts 1956–2019.
Signing up to the IMHC mailing list and/or becoming a member is, and will remain, entirely free of charge, and you will never be charged to enter a Giveaway. Any standard data, message, or internet-access charges levied by your own network or service provider are your responsibility.
13A.3 How Giveaways Are Announced
We may announce, promote, and run Giveaways through any channel we choose, including this Website, our mailing list, and our social media pages (including, without limitation, Facebook and Instagram).
Where a Giveaway is promoted on a third-party social media platform, that Giveaway is in no way sponsored, endorsed, administered by, or associated with that platform. Any information you provide in connection with a Giveaway is provided to the IMHC and not to the platform, and you release each such platform from any and all liability in connection with the Giveaway.
13A.4 Eligibility
To be eligible to enter and to win, you must:
- Be 16 years of age or older at the time of entry, consistent with the age requirement set out in Section 1.2 of these Terms and the age of digital consent in Ireland;
- Be a genuine, fully signed-up subscriber to the IMHC mailing list — that is, a confirmed, double opt-in subscriber as described in Section 9B — and/or a fully registered IMHC member, and remain so at the time the Giveaway closes and the winner is drawn;
- Enter using accurate, current, and complete details that belong to you.
Entrants may take part from anywhere in the world, provided that participation is lawful in your country of residence. If a Giveaway (or the shipping of a particular prize) cannot lawfully be offered in your jurisdiction, or would subject us to registration, licensing, or similar requirements there, we reserve the right to exclude entrants from that jurisdiction. It is your responsibility to ensure that your entry complies with the laws that apply to you.
To keep our Giveaways fair, persons directly involved in organising or administering a Giveaway, together with their immediate families or household members, may be excluded from entering that Giveaway. Unless a specific Giveaway states otherwise, only one entry per person is permitted. Entries that are automated, bulk-submitted, fraudulent, or made through multiple or fake accounts will be disqualified.
13A.5 How to Enter
Unless a specific Giveaway states otherwise, no separate entry step is required: all eligible mailing-list subscribers and/or members are automatically entered into each Giveaway. Where a specific Giveaway asks you to take an additional action (for example, replying to an email), we will make that clear in the announcement for that Giveaway. All entries must be received before the closing date and time stated for the Giveaway.
13A.6 Selection of Winners
Winners are selected at random from all valid, eligible entries, using a fair and impartial random-selection method. The number of winners, the prize(s), and the draw date will be specified for each Giveaway. Our decision as to the selection of winners is final, and no correspondence will be entered into, save as required by applicable law.
13A.7 Notification of Winners
Winners are contacted directly, using the email address they signed up with, in order to arrange the shipping or transfer of the prize. We may ask you to provide reasonable proof of identity, age, and eligibility, and to provide accurate delivery details, before a prize is awarded.
If a winner cannot be contacted, does not respond within 21 days of our first attempt to notify them, declines the prize, is found to be ineligible, or fails to provide the information we reasonably require to deliver the prize, we reserve the right to forfeit that winner's prize and, at our discretion, to draw an alternative winner from the remaining eligible entries.
13A.8 Prizes
The prize for each Giveaway will be described in the announcement for that Giveaway. Unless we state otherwise:
- Prizes are non-transferable, non-exchangeable, and there is no cash alternative;
- Where an advertised prize becomes unavailable for reasons beyond our reasonable control, we reserve the right to substitute a prize of equal or greater value;
- Prizes are provided "as is", without any warranty beyond those that cannot be excluded under applicable law. Your statutory consumer rights are not affected.
13A.9 Delivery of Prizes
We will arrange to ship or otherwise transfer the prize to the winner using the delivery details the winner provides. The winner is responsible for providing accurate and complete delivery information within the time we specify.
We are not liable for any shipping delays, nor for any loss, damage, or any other event that delays or prevents delivery of a prize once it has left our hands. To the fullest extent permitted by law, once a prize has been dispatched or handed to a postal, courier, or other delivery or transfer service, we accept no responsibility or liability for any delay, loss, damage, misdelivery, non-delivery, or other failure in delivery, or for any other circumstance beyond our reasonable control that delays or prevents the winner from receiving or using the prize.
For international deliveries, the winner is solely responsible for any import duties, taxes, customs charges, or other local fees that may apply, and for ensuring that receipt of the prize is lawful in their country. Where a prize is returned to us as undeliverable, or where a winner has provided inaccurate delivery details, we may treat the prize as forfeited. Risk in a prize passes to the winner upon dispatch.
13A.10 Data Protection
Any personal data you provide in connection with a Giveaway (such as your name, email address, and delivery address) is processed by the IMHC as data controller in order to administer the Giveaway — including verifying eligibility, selecting and notifying winners, and delivering prizes — in accordance with our Privacy Policy. The legal bases for this processing are your consent (for mailing-list membership and entry) and our legitimate interests (in running our Giveaways fairly and delivering prizes). Delivery details are used only to fulfil the prize and are retained only for as long as necessary for that purpose and any related legal obligations. Where we wish to announce a winner publicly, we will limit any published information to the minimum necessary (for example, a first name and county, or a username) and will obtain your consent where it is required.
13A.11 Cancellation, Amendment & Liability
We reserve the right to amend these rules, or to amend, suspend, extend, or cancel any Giveaway, where it is necessary to do so for reasons beyond our reasonable control, to prevent fraud or abuse, or to comply with applicable law or advertising standards. Where we do so, we will act reasonably and will not disadvantage validly entered, eligible entrants any more than is necessary.
Participation in a Giveaway is otherwise subject to the Limitation of Liability set out in Section 14 and the Governing Law and Dispute Resolution provisions set out in Section 15. Nothing in this section excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability that cannot be excluded or limited under Irish or EU law, including your statutory consumer rights.
14 Limitation of Liability
14.1 Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Website and all content, materials, features, and services provided on the Website are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
14.2 Limitation of Liability
To the maximum extent permitted by Irish and EU law, the International Metalheads Club, its founders, members, officers, volunteers, and affiliates shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or any other intangible losses
- Damages arising from: your use of or inability to use the Website; any conduct or content of any third party on the Website; any content obtained from the Website; or unauthorised access to, use of, or alteration of your transmissions or content
- Any loss or damage to your computer system, mobile device, or data resulting from use of the Website, including damage from viruses, malware, or other technologically harmful material
For merchandise purchases: Our total aggregate liability to you for any claims arising from the purchase of merchandise through the Store shall not exceed the total amount paid by you for the specific item(s) giving rise to the claim.
Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under Irish or EU law, including your statutory consumer rights.
14.3 Indemnification
You agree to indemnify, defend, and hold harmless the International Metalheads Club, its founders, members, volunteers, officers, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Website; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your User Content.
15 Governing Law & Dispute Resolution
15.1 Governing Law
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.
15.2 Jurisdiction
The courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms. This is without prejudice to your rights under applicable EU law to bring proceedings in the courts of your habitual residence.
15.3 Online Dispute Resolution
In accordance with Regulation (EU) No 524/2013, if you are a consumer in the EU and have a complaint about a purchase made through our Store, you may use the European Commission's Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr.
15.4 Informal Resolution
Before initiating any formal proceedings, we encourage you to contact us at info@internationalmetalheadsclub.com to attempt to resolve any dispute informally. We are committed to resolving disputes in a fair and timely manner.
16 General Provisions
16.1 Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
16.2 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy as set out herein, constitute the entire agreement between you and the IMHC in relation to your use of the Website and supersede all prior agreements, representations, and understandings.
16.3 Waiver
No failure or delay by the IMHC in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any right or remedy under these Terms is only effective if given in writing.
16.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
16.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations under these Terms caused by events beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, strikes, governmental actions, communication or power failures, or equipment or software malfunctions.