|OFFICIAL RULES The Neyla Pekarek Vinyl Album Giveaway Sweepstakes Sponsor by BMG Rights Management (US) LLC|
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE IMPROVE ONE’S CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
1. SPONSOR: BMG Rights Management (US) LLC, One Park Avenue, 18th Floor, New York, NY 10016 (“Sponsor”) is solely responsible for all aspects of this sweepstakes (“Sweepstakes”). This Sweepstakes is not sponsored by Spotify.
2. ENTRY: You may enter this Sweepstakes during the period beginning at 12:00:01 A.M. ET January 3, 2019, and ending at 11:59 P.M. ET, January 17, 2019 (“Entry Period”). For purposes of these Official Rules (the “Rules”), all times and days are Eastern Time (“ET”). You may enter via Internet by visiting https://neylapekarek.ffm.to/rattlesnake-contest (the “Website”) and follow the online instructions, which may include each Entrant to sign up with Spotify if the Entrants have not already done so. Each Entrant must also enter and agree to share Entrant’s email with Sponsor. Once you have completed the online instructions you will be entered into the Sweepstakes. Entrant will be referred to herein without distinction as “Entrant,” “You,” and “Your.”
3. LIMITATIONS: All Entries must be received by 11:59 P.M., January 17, 2019. Entries received after the Contest Entry Period will be invalid. Only one (1) entry per person. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Account is registered. Entries by any method other than set forth above in Section 2 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Open only to persons eighteen (18) years or older upon entering who are legal residents of, and physically located within the United States or the District of Columbia (collectively, “Territory”) and not employees of Sponsor; nor any respective parent, subsidiary, affiliated or successor companies or the advertising, promotional or fulfillment agencies of any of Sponsor (individually and collectively, “Entities”), or members of their households or immediate families. Entrants who have not yet reached the age of majority in the jurisdiction in which they reside will need to obtain permission from their parent/legal guardian in order to enter this Sweepstakes. Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, nondelivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Website or other connections; telephone or cell phone availability or accessibility; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; jumbled, corrupted, scrambled, delayed or misdirected transmissions; computer hardware or software or text message malfunctions, failures, technical errors or difficulties; unauthorized human intervention; traffic congestion; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such Entries will be disqualified and any attempt by a person to use multiple Accounts to register more than once may result in disqualification at Sponsor’s sole discretion.
4. PRIZE & APPROXIMATE RETAIL VALUE (“ARV”): Twenty (20) prizes consisting of: one (1) signed vinyl album, titled “Rattlesnake” by Neyla Pekarek (ARV: $20.00) (the “Prize”). Total APR of the Prize is twenty dollars ($20.00). Any depiction of the Prize is for illustrative purposes only. The Prize is not redeemable for cash or transferable. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. An unclaimed and/or unused prize element will remain the property of Sponsor. Any difference between stated ARV and actual value of prize will not be awarded.
Odds of winning the Prize depend on the number of eligible Entries received. There will be twenty (20) Prizes given away to twenty (20) winners (each a “Winner”). Lost or stolen prizes will not be replaced. The Prize does not include any other item or expense not specifically described in these Rules. The Prize may not be transferred or assigned. Each Winner agrees to accept the prize “as is”, and entrants hereby acknowledge that Sponsor has neither made, nor are in any manner responsible or liable for, any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the Prize. Any valuation of the Prize stated above is based on available information provided to Sponsor, and each Winner is responsible for all applicable federal, state or income taxes or other expenses relating to the use, acceptance and possession of the Prize and will be required to complete and submit a W-9 Form. An IRS Form 1099 will be filed in the name of each Winner for the value of the prize. Entrants acknowledge that the Sponsor and all other businesses concerned with this Sweepstakes and their agents do not make, nor are in any manner responsible for, any warranty, representations, expressed or implied, in fact or in law, relating to the quality, conditions, fitness or merchantability of any aspect of the Prize (or portion of the Prize).
5. PROCEDURES: Entries will only be accepted during the Entry Period. Sponsor will randomly select twenty (20) Winners from all eligible entries on or around January 21, 2019. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of each Winner is final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to disqualify any participant or any Winner and may refuse to award the Prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained “Winner” status using fraudulent means.
6. WINNER: Each Winner will be notified by email, phone call or other method of communication. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) Winner’s failure to respond to notification within three (3) days after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) the return of any other notice or the Prize as undeliverable; (4) Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (5) Winner’s failure to claim the Prize within three (3) days after it is sent and (6) any other non-compliance with Rules.In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate winner. All taxes are solely the responsibility of the winner.
9. CONSENT AND RELEASE: To the fullest extent possible in law, all Entrants, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Releasees from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Releasees which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from Entrant’s participation, acceptance and use or misuse of Prize or any portion of Prize, including property damage, personal injury or death. Any provision of these Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Rules will remain in effect. Sponsor reserves the right to amend these Rules or to terminate this Sweepstakes. By entering, you certify that you have complied with these Rules and are eligible to win. The decisions of Sponsor are final and binding in all respects. All rights reserved. The Sweepstakes shall be governed by the laws of the State of New York, United States of America. By participating in this Sweepstakes, you agree that the state and federal courts located in the New York City shall have jurisdiction over any dispute or litigation arising from or relating to the Sweepstakes. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES. PARTICPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO LEGAL FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
10. RULES & WINNER LISTS: For the name of the Winners (after January 17, 2019) and/or Rules, send a self-addressed, stamped envelope to: The Neyla Pekarek Vinyl Album Giveaway Sweepstakes, C/O BMG Rights Management (US) LLC, One Park Avenue, 18th Floor, New York, NY 10016.
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