Microsoft word - music choice sweepstakes rules disclaimers final.doc
“MUSIC CHOICE PRESENTS TAKE BACK YOUR MUSIC™” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER, PLAY, OR WIN. TO ENTER, ENTRANT MUST BE A LEGAL RESIDENT OF THE FIFTY (50) UNITED STATES (INCLUDING DISTRICT OF COLUMBIA), EXCLUDING RESIDENTS OF NEW YORK, POSSESS A VALID E-MAIL ADDRESS, 18 YEARS OF AGE OR OLDER, AND BE ENROLLED AS A FULL-TIME OR PART-TIME STUDENT AT ONE OF THE FOLLOWING UNIVERSITIES AS OF AUGUST 9, 2013: LOUISIANA STATE UNIVERSITY, LOYOLA UNIVERSITY NEW ORLEANS, UNIVERSITY OF NEW ORLEANS, MERCER UNIVERSITY, SOUTHERN UNIVERSITY, SOUTHERN UNIVERSITY AT NEW ORLEANS, TULANE UNIVERSITY, UNIVERSITY OF FLORIDA, UNIVERSITY OF LOUISIANA AT LAFAYETTE, UNIVERSITY OF WEST FLORIDA, AND XAVIER UNIVERSITY OF LOUISIANA (EACH AN “ELIGIBLE UNIVERSITY,” AND COLLECTIVELY, THE “ELIGIBLE UNIVERSITIES”). VOID TO RESIDENTS OF NEW YORK AND WHERE PROHIBITED OR RESTRICTED BY LAW. The “Music Choice Presents TAKE BACK YOUR MUSIC™” Sweepstakes (the “Sweepstakes”) is in no way sponsored, endorsed or administered by, or associated with Facebook, Inc. You are providing your information to MUSIC CHOICE (“Sponsor”), and not to Facebook, Inc. OVERVIEW
POINTS = ((1/[Undergraduate Enrollment]) x 10,000) x [Number of Votes] Example: 20,000 undergraduates enrolled at University A; 1,000 votes. ((1/20,000) x 10,000) x 1,000 = 500 points for University A
Each vote submitted will also be an entry to receive a ticket to the concert. Additional restrictions may be imposed by the venue. See Sections 4 and 5 below for additional details. Limit one (1) entry/vote per Facebook account holder/authorized e-mail account holder per day during the Sweepstakes Period. Entries received from any Facebook account holder or e-mail account in excess of the foregoing limitation will be void. Each time you return to enter, you will be required to enter your Facebook password and e-mail address to access your account. Offers to pay for votes or offers of like-kind exchanges are NOT permissible. Use of third-party websites, online social networking tools, or similar devices primarily designed or intended to generate or to trade votes (e.g., vote-swapping web sites), as determined in Sponsor’s sole discretion, is expressly prohibited. Use of personal social media accounts, blogs, and websites to direct participants to entry site is permissible. 3. DETERMINATION OF ONE (1) GRAND PRIZE CONCERT LOCATION: Eleven (11) Eligible Universities will be featured at www.facebook.com/MusicChoice during the Sweepstakes Period for viewing and voting to determine the winning university of the Grand Prize Concert Event. Entrants from the Eligible University that earn the most points during the Sweepstakes Period will be selected to have the Grand Prize Concert Event in their area, subject to confirmation of eligibility and provided that any university or entry may be eliminated, regardless of points total, in Sponsor’s sole discretion. In the event of a tie, the Eligible University that achieved the tied point total soonest (as determined by Sponsor, in its sole discretion) will be declared the potential Grand Prize Concert Event winner. NOTE: The Grand Prize Concert Event will not be on campus. There is no guarantee that it will be within 100 miles of the Eligible University that receives the most points.
4. WINNER SELECTION FOR TICKETS TO GRAND PRIZE CONCERT: Each eligible entrant that entered/voted for the winning Eligible University during the Sweepstakes Period (each a “Potential Event Participant”) will be entered into a random drawing to receive one (1) of at least three hundred (300), but no more than two thousand (2,000), available tickets (each an “Event Ticket”) to attend the Grand Prize Concert Event featuring an appearance by a pop, hip-hop or alternative artist. The number of Event Tickets available will depend on the capacity of the venue, selected in the sole discretion of the Sponsor, near the Eligible University. The Grand Prize Concert Event will be held sometime between September 23, 2013 and December 31, 2013. All Grand Prize Concert Event details, including date, time, duration, venue, possibility for additional guests, and admission requirements will be designated by Sponsor in its sole discretion.Date is subject to Talent and venue availability and shall be determined in Sponsor’s sole discretion. Potential Event Participants will be required to complete a redemption process as described in Section 5 to claim an Event Ticket. After completing such steps, a Potential Event Participant will be deemed an “Event Winner.” Limit one (1) Event Ticket per person, regardless of the number of entries submitted/votes cast for the Eligible University. Admission into the Grand Prize Concert Event is subject to terms as determined by the venue and in the Sponsor’s sole discretion. Event Winners are responsible for transportation to and from the Grand Prize Concert Event; transportation and hotel accommodations will not be provided by the Sponsor. Event Winners may not substitute, assign or transfer Event Tickets or redeem such tickets for cash, but Sponsor reserves the right, at its sole discretion, to substitute Event Tickets (or a portion thereof) with a prize of comparable or greater value. Event Winners agree to comply with all Grand Prize Concert Event rules, regulations, and instructions. Failure to do so may result in forfeiture of the Event Ticket. Appearance of the Talent is subject to availability, and Sponsor does not guarantee the appearance of the Talent. In the event Sponsor is unable to provide any advertised Talent, other Talent will be provided, in Sponsor’s sole discretion.
Event and details of Talent appearance are at Sponsor’s sole discretion. Event Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with Event Ticket acceptance and use not specified herein as being provided, including if an Event Winner requires any transportation to/from the Grand Prize Concert Event. All Event details are at Sponsor’s sole discretion. Because the venue of the Grand Prize Concert Event depends on the outcome of voting, Sponsor will determine the venue after the Sweepstakes ends. Sponsor will use reasonable efforts to secure a venue that is able to accommodate as many Event Winners as possible, subject to appropriateness of the venue for the Grand Prize Concert Event and its availability. The venue selected by the Sponsor will have a minimum capacity of at least three hundred (300) persons. However, Sponsor specifically reserves the right to select a venue with a maximum capacity not to exceed two thousand (2,000) persons and/or to limit Event Tickets to two thousand (2,000).
5. POTENTIAL EVENT PARTICIPANT NOTIFICATION AND EVENT TICKET REDEMPTION: Potential Event Participants will be notified via e-mail on or about September 12, 2013 to the e-mail address provided during entry. At that time, Sponsor may provide the final details of the Event or notify you of when the final Event will take place and provide Event Ticket redemption instructions. Potential Event Participants must follow the Event Ticket redemption instructions as provided in the notification e-mail in order to be confirmed as an Event Participant and to receive an Event Ticket. At least three hundred (300), but no more than two thousand (2,000), Event Tickets will be available, depending on the capacity of the venue selected by Sponsor. The Event Ticket redemption process will be available for seventy-two (72) hours after e-mail notification. Before admission into the Grand Prize Concert Event, each Potential Event Participant must provide proof to Sponsor’s satisfaction of eligibility, including, without limitation, proof of age via a driver’s license or state identification card, valid Eligible University student identification card, residence, and complete (a) a Release of Liability which among other things, releases Released Parties, from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of an Event Ticket or any portion thereof; and (b) except where prohibited by law, a Publicity Release, which among other things, grants Released Parties and their respective designees the right to use Potential Event Participant’s name and likeness for advertising and publicity purposes without additional compensation (as more completely set forth below) (the “Documents”). In the event of non- compliance with these Official Rules, failure to provide acceptable proof of eligibility, or failure to complete the Documents prior to admission into the Grand Prize Concert Event, or in the event that Event notification is returned as undeliverable or if the Potential Event Participant does not complete the redemption process within the 72-hour redemption period, such Potential Event Participant shall be disqualified and an alternate Potential Event Participant selected, time permitting. Alternate Potential Event Participants will be selected via the same manner as outlined in this Section 5. Sponsor expressly reserves the right to delay the notification of the Potential Event Participants for creative or technical reasons or for any other reason Sponsor deems necessary. If the Grand Prize Concert Event is cancelled, postponed, or otherwise not able to take place for any reason, an alternative event will be awarded in the same location with Talent, in Sponsor’s sole discretion. No compensation in lieu thereof will be awarded.
6. ODDS OF WINNING AND APPROXIMATE RETAIL VALUE (ARV): Odds of winning an Event Ticket to the Grand Prize Concert Event depend on the number of eligible entrants who select the Eligible University during the Sweepstakes Period, and the capacity of the chosen venue for the Grand Prize Concert Event. Odds of the Grand Prize Concert Event being held near an Eligible University depends on the number of votes received and the equation provided within these Official Rules. The Approximate Retail Value of a ticket to the Grand Prize Concert Event is fifty dollars ($50). The total ARV of all tickets to the Grand Prize Concert Event depends on the number of eligible entrants, the number of entrants who redeem tickets, and the capacity of the chosen venue for the Grand Prize Concert Event. Assuming full capacity of the selected venue, the ARV of all tickets to the Grand Prize Event is between $15,000 (300 person
capacity) and $100,000 (2,000 person capacity). Actual prize value may vary depending on the venue selected for the prize and the number of attendees. 7. PUBLICITY RELEASE: Acceptance of a prize, except where legally prohibited, constitutes permission by the winner for Sponsor and its designees to use the winner’s name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. 8. GENERAL CONDITIONS: If for any reason the Sweepstakes, including the online portion, is not capable of running as planned, including disruptions caused by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, or any other cause that corrupts, affects or compromises the administration, security, fairness, integrity, proper conduct or intended play of the Sweepstakes (each a “Force Majeure” event), Sponsor reserves the right at its sole discretion to disqualify any individual Sponsor deems responsible and Sponsor further reserves the right to modify, cancel or terminate the Sweepstakes (or portion thereof). In the event the Sweepstakes is cancelled or terminated as a result of a Force Majeure event, Sponsor reserves the right to select the Potential Event Participants in a random drawing from among all eligible entries received up to time of such event. Sponsor is not responsible for ensuring that the venue is in close proximity to any of the Eligible Universities, including the Eligible University that receives the most points, and does not guarantee that the Event will be held within the time period stated within these Official Rules. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications failure, theft, destruction or unauthorized access to, or alteration of, entries, including any erroneous appearance of qualification for a prize. Sponsor is not responsible for any problem or technical malfunction of any telephone network or lines, computer online systems, cable, satellite, servers, network or Internet service provider (ISP), computer equipment, software, failure of any e-mail or entry to be received by Sponsor due to technical problem or traffic, congestion on the internet or at any web site, or any combination thereof, including any injury or damage to participant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes. WARNING: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sweepstakes entries generated by a script, macro or other mechanical or automated means and entries made by any means which subvert the entry process are ineligible and will be disqualified. All entries must include a valid e-mail address for the entrant. In the event of dispute as to the identity or eligibility of a winner based on an e- mail address, the winning entry will be declared made by the “Authorized Account Holder” of the e-mail address submitted at the time of the entry and he/she must comply with these Official Rules. The “Authorized Account Holder” is the person to whom the applicable Internet service provider or other organization (such as business or educational institution) has assigned the e-mail addresses for the domain associated with the submitted e-mail address. 9. ADDITIONAL TERMS: This Sweepstakes is subject to all federal, state and local laws. By entering, entrant agrees to accept and abide by these Official Rules and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation or award of prize, shall be resolved by Sponsor, whose decision shall be binding and final. By entering, entrant agrees to be notified using the e-mail address provided in the entrant’s Official Online Entry Form by the Sponsor for the purposes of the administration of this Sweepstakes. By participating, entrant agrees to release and hold harmless the Released Parties and Facebook Inc. from any injury, loss or damage to person, including death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize (including any travel/activity related thereto), participation in any
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