General Information: The sponsor of the “VIP Promotion” is Eleventh Records LLC (the “Sponsor“), having a place of business at US Steel Tower, Suite 3040, 600 Grant Street, Pittsburgh, PA 15219. The Giveaway begins on [August 28, 2010], at [12:00am/EST] and ends on [September 1, 2010, at [11:59pm/EST] (the “Giveaway Period“). The Giveaway is subject to the following official rules (the “Official Rules”).
YOU HAVE NOT YET WON. NO PURCHASE OR FEE IS NECESSARY TO ENTER OR WIN, NOR WILL IT INCREASE THE ODDS OF WINNING. Your chances of winning without making a purchase are the same as the chances of someone who purchases something. It is illegal to give any advantage to buyers in a sweepstakes. THE GIVEAWAY IS VOID WHERE PROHIBITED, TAXED OR RESTRICTED BY LAW. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. PARTICIPATION CONSTITUTES ENTRANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES.
ELIGIBILITY: The Giveaway is open to individuals ages twenty-one (21) and over who are legal residents of the fifty (50) United States and the District of Columbia at the time they submit their entry to the Giveaway. The following are not eligible to participate in the Giveaway: employees, agents and representatives of the Sponsor, its subsidiaries, its affiliated companies, its controlling corporations, its advertising or promotion agencies, sponsors, suppliers of materials, Prizes (as defined below) and services related to the Giveaway, or any other person directly associated with the holding of the Giveaway, as well as members of their immediate families (parents, siblings, children), their legal or common law spouse, and any persons residing with those employees, agents and representatives.
HOW TO ENTER: NO PURCHASE NECESSARY: An individual submitting an entry (an “Entrant”) may do so by submitting an entry form during the Giveaway Period at the following website [www.facebook.com/tinocoury] (the “Giveaway Site”). Entries will be deemed made when received by Sponsor. Entries that are incomplete, illegible, lost, late, incorrectly addressed, misdirected, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will be disqualified. Mechanically reproduced or automated entries are not permitted and may be disqualified.
PRIZES AND SELECTION OF WINNERS: After [September 1, 2010] but before [September 2, 2010 at 12pm/EST], the potential winners of the Giveaway will be selected by a randomly selected drawing conducted by Sponsor (or an unaffiliated third party). Subject to the terms and conditions below, [2] Entrant[s] will become eligible to receive the “Prize” (the winners are individually and collectively referred to as the “Winner(s)”). No more than one Prize will be awarded to any Entrant. [2] Entrants will also be selected as alternates (the “Alternates”), who, in the order they are selected, may be substituted for a Winner if that Winner thereafter is found to have been ineligible, is disqualified, or fails to properly claim a Prize.
Each Prize will consist of:
? Two (2) [Admission Passes & VIP seating (one for each Winner plus a guest) to attend the Tino Coury Concert, scheduled to take place on September 2,2010 at Bar Room Pittsburgh (the “Concert”).]
? Meet-And-Greet: [Invitation (for each Winner plus a guest) to attend a meet-and-greet with recording artist Tino Coury (“Artist”), the (“Meet-And-Greet”), to be held on the day of the Concert (after), at the VIP Seating Area at the location of the Concert,(Bar Room Pittsburgh) at which Artist will meet and greet the Winners. The time of the Meet-And-Greet, its duration and location, will otherwise be in the sole discretion of the Sponsor, and subject to limitations and conditions, if any, imposed by the venue, promoter, and other persons and entities associated with the Concert.
The approximate aggregate retail value of each Prize is [5.00] dollars (US $[5.00]).
ODDS OF WINNING: Odds of winning a Prize depend on the number of eligible entries submitted during the Giveaway Period.
GENERAL TERMS AND CONDITIONS OF PRIZES: Without limitation of any other term or condition in these Official Rules, Prizes are subject to the following terms and conditions:
- All costs, charges or expenses, (including without limitation transportation, lodging and accommodation) are the sole responsibility of the Winner and/or his/her guest.
- All federal, state, and/or local taxes, including but not limited to income and/or gift taxes, are the sole responsibility of each Winner and/or his/her guest.
- If a Prize is not claimed or used, no compensation will be awarded to the Winner.
- No Prize substitution or cash redemption will be allowed by the Winner.
- Prizes are not transferable.
- All entrants & guests must be at least twenty-one (21) years old, proper identification is required.
- Sponsor reserves the right to deny admission to, or to remove, any Winner or guest to the Meet-And-Greet for behavior that Sponsor deems inappropriate, immoral or illegal, in its sole discretion.
- Other restrictions may apply, including but not limited to the rules and regulations imposed by the venue where the Concert or Event is held, and/or the promoters of the Concert, and all Winners and guests must abide by those restrictions, rules and regulations.
WINNER NOTIFICATION AND QUALIFICATION: The Sponsor shall notify each Winner that he/she has become eligible to win the Prize, by message to the email address submitted by entrants provided in the Winners’ entry form. If a Winner is a minor under the jurisdiction of his/her residence, the Sponsor may require, in its sole discretion, that: the Winner provide the written consent of his/her parent or legal guardian to Winner’s participation in the Giveaway and acceptance of the Prize; or require that the Prize be awarded in the name of the Winner’s parent or legal guardian and that they accept and agree to be bound by the terms of these Official Rules. If the Sponsor is unable to timely notify a Winner, if the notification is returned as undeliverable, or if Sponsor determines that Winner was not in compliance with the Official Rules, the Sponsor shall have the option to disqualify the Winner. In that event, the Sponsor, in its sole election, will have the option to either: select an Alternate in substitution for the disqualified Winner; or not award that particular Prize, in which case the Sponsor may dispose of the Prize in its sole discretion. Alternates will not be notified unless they are substituted for a disqualified Winner; if an Alternate becomes eligible to receive a Prize, they shall be subject to all terms and conditions of Winners under these Official Rules. In the event of any dispute concerning the identity of a Winner, the entry will be deemed made by the natural person who is the authorized holder of the account through which the entry is submitted. The “authorized holder” of an e-mail account shall mean the natural person who is assigned to an e-mail address by an Internet Service provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address; and the “authorized holder” of an account other than an e-mail account shall be the authorized holder of the primary e-mail address associated with such account. If the value of a Prize exceeds six hundred dollars (US $600), Sponsor may require the Winner to furnish their social security number and/or execute a W-9 tax form, in which case Winners to whom Prizes are awarded will receive a 1099 tax form reflecting the value of Prizes received.
PRIZE DELIVERY: Winners will be informed by message to the email address provided by the entrants to how to take possession of the Prize.
USE OF WINNERS’ NAME AND LIKENESS: Except where prohibited by law, by entry into the Giveaway, each Entrant grants Sponsor and Sponsor’s designees the perpetual and worldwide right to use, in any and all media known or hereafter devised, each Winners’ name, geographical location of residence (e.g., City and State), likeness, photographs, and written or audio statements about the Giveaway, Concert, Meet-And-Greet, Tino Coury and/or Sponsor, for editorial, promotional and advertising purposes, without any compensation or further permission.
USE OF ENTRANT’S PERSONAL INFORMATION: Except as otherwise provided for in these Official Rules, or as required by law, valid subpoena or court order, the information submitted by the Entrant in connection with the Giveaway will only be used by Sponsor to for the purposes of administering the Giveaway and enforcing these Official Rules. The Sponsor will not otherwise use such information, except that each Entrant agrees that the Sponsor, Tino Coury, and their affiliates and their designees, may contact him/her from time to time through Entrant’s contact information provided in the course of participation in the Giveaway regarding special offers, promotions and promotional material relating to Tino Coury, or Sponsor’s or Sponsor’s affiliates’ businesses, that may be of interest to Entrant. An Entrant may choose to opt out of those notices by following the directions provided for in those notices, or by contacting Sponsor at the address first stated above. If and to the extent that Entrant uses any third party service, website, software or application, (each a “Third Party Application”), to submit their entry, Entrant’s personal information may also be subject to the user agreements and/or privacy practices of such Third Party Applications, and before submitting their entry Entrant should read and confirm their acceptance of such user agreements and/or privacy practices, which, to the extent they are applicable, are separate and apart of these Official Rules.
LIMITATION OF LIABILITY; DISCLAIMERS: BY ENTERING THE GIVEAWAY, ALL ENTRANTS AGREE TO BE BOUND BY THESE OFFICIAL RULES, AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR AND TINO COURY, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATED COMPANIES AND INSURERS, ADVERTISING OR PROMOTIONAL AGENCIES, SPONSORS, SUPPLIERS OF MATERIALS, PRIZES AND SERVICES RELATED TO THE GIVEAWAY, AND ANY OTHER PERSON DIRECTLY ASSOCIATED WITH THE HOLDING OF THE GIVEAWAY, (THE “RELEASED PARTIES”), FROM ANY AND ALL LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND THAT RESULT FROM THE ACCEPTANCE, POSSESSION OR USE OF ANY PRIZE OR FROM ENTRY OR ATTEMPTED ENTRY INTO THE GIVEAWAY, USE OF ANY THIRD PARTY APPLICATION, AND ATTENDANCE AT THE CONCERT AND/OR MEET-AND-GREET; INCLUDING BUT NOT LIMITED TO ANY INJURY OR DAMAGE TO ENTRANT’S OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING ANY MATERIALS IN CONNECTION WITH THE GIVEAWAY. THE RELEASED PARTIES ASSUME NO LIABILITY FOR LOST OR MISDIRECTED ENTRIES, WHETHER DUE TO TECHNICAL OR COMPUTER MALFUNCTION, FRAUD, ERROR, OR OTHERWISE. THE SPONSOR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CANCEL, TERMINATE OR SUSPEND THE GIVEAWAY IN ITS ENTIRETY IN THE EVENT ITS WEBSITE IS INFECTED BY A VIRUS, OF A SOFTWARE OR HARDWARE OR NETWORK ERROR OR DISRUPTION, ITS WEBSITE IS HACKED, UNAUTHORIZED HUMAN INTERVENTION OCCURS, OR OF ANY OTHER CAUSE BEYOND THE SPONSOR’S CONTROL THAT COULD COMPROMISE OR AFFECT THE ADMINISTRATION, SECURITY, IMPARTIALITY OR NORMAL OPERATION OF THE GIVEAWAY. SPONSOR MAKES NO REPRESENTATIONS, AND EXPRESSLY DISLCAIMS, ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, WITH RESPECT TO THE THIRD PARTY APPLICATIONS.
APPLICABLE LAWS AND DISPUTE RESOLUTION: The construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. Any and all disputes arising out of or related to this Giveaway will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York County, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Giveaway, and shall not include any indirect, punitive, incidental and/or consequential damages (which damages are expressly disclaimed by the Sponsor and waived by each Entrant). If any provision of the Official Rules is found by a court of competent jurisdiction to be illegal, unenforceable or void, then such provision will be null and void but each other provision not so affected will be enforced to fullest extent permitted by law.
OFFICIAL RULES & WINNER’S LIST: For a copy of the Official Rules or names of the Giveaway Winners, send a self-addressed stamped envelope (WA and VT residents may omit return postage) with a written request for the same to: Tino Coury VIP Promotion c/o Eleventh Records LLC, US Steel Tower, Suite 3040, 600 Grant Street, Pittsburgh, PA 15219. Requests must be postmarked within one year from the end of the Giveaway Period.
© 2010 Eleventh Records LLC. All rights reserved.
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