“Meet and Greet with The Drums” SWEEPSTAKES
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. This sweepstakes is sponsored by BUZZMEDIA (“Sponsor”).
1. SWEEPSTAKES DESCRIPTION: The “Meet and Greet with The Drums” Sweepstakes (the “Sweepstakes”) is a sweepstakes in which participants enter by submitting a photograph or retweet to @SPINMagazine on Twitter. The Sweepstakes begins at 12:00:00 AM PST on August 13, 2012 and ends at 11:59:59 PM PST on August 19. Entrants will be notified via Twitter Direct Message within 24 hours of the closing of the sweepstakes.
2. SWEEPSTAKES ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are at least 21 years of age at time of entry. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of the Sponsor, Diet Coke and its affiliated companies, subsidiaries, sponsors, advertising and promotion partners and agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Sweepstakes are not eligible to enter the Sweepstakes (all of the foregoing, together with the Sponsor and Diet Coke, collectively referred to as the “Promotion Entities”). If a dispute as to the identity of an entrant cannot be resolved to the Sponsor’s satisfaction, then such entrant shall be deemed ineligible for the Sweepstakes.
Notwithstanding anything herein in to the contrary, this Sweepstakes is not in any way affiliated with Twitter and Twitter shall no liability to any entrant. Entrants must comply with all Twitter rules and terms of service. Entrants determined to have violated Twitter’s terms of service will be disqualified.
By submitting the photograph, you warrant and represent that (i) you have secured all intellectual property and other rights in and to the photograph; (ii) the photograph does not infringe anyone’s copyrights or other intellectual property rights; and (iii) the photograph is free and clear of any third party claims of copyright, ownership, authorship or any other intellectual property right.
a. Must be intended for family audience viewing and contain only content that, in the sole discretion of the Sponsor, is suitable for all persons over the age of 13; b. Must not, in the sole discretion of the Sponsor, contain, depict or involve any of the following: (i) obscenity, (ii) crude, vulgar or offensive pictures, depictions, images, language and/or symbols, (iii) gang signs or symbols, (iv) nudity, (v) commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, (vi) license plates, phone numbers, personal addresses (physical, email or otherwise), (vii) websites or web page links, (viii) derogatory characterizations of any ethnic, racial, sexual or religious groups, (ix) threats to others, (x) violent acts, or (xi) contain any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by the Sponsor, in its sole discretion; and c. Must not contain any copyrighted works (other than materials owned by the entrant) or any other information, content or materials that infringe the rights of any third party or violate any applicable laws or regulations.
4. PRIZES: There will be a total of ten (10) winners. Each winner will win two (2) tickets (one for the winner and one for a guest) to SPIN and Diet Coke Concert at Brooklyn Bowl on August 22, 2012. Each winner and their guest will also attend a Meet and Greet with headlining performers The Drums at Brooklyn Bowl on August 22. Prize winner(s) and their guest must be available to collect prize on August 22, 2012 in the New York City area or prize will be forfeited in its entirety. All guest(s) must be at least twenty-one (21) years of age. No transportation will be provided. Total approximate retail value (“ARV”) of the Prize: $0.00.
ADDITIONAL TERMS REGARDING PRIZE: All expenses not specifically mentioned are not included and are solely entrant’s responsibility, including, without limitation: food and travel. By entering this Sweepstakes and accepting the prize, the prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes- or prize-related activity, including, without limitation, the meet and great. The prize winner understands and agrees that the Promotion Entities and other prize providers have the right, in their sole discretion, to disqualify and remove a prize winner or his/her guests from any activity at any time if the winner’s or his/her guests’ behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of a Promotion Entity or otherwise violates the policies of the prize providers, and in such a case, the grand prize winner will still be solely responsible for all taxes and other expenses related to the prize. The prize may not be redeemed for cash, transferred, or substituted for another prize, except that a prize of equal or greater value may be substituted by Sponsor in its sole discretion. If the concert is delayed, postponed, or canceled for any reason, winner will not be reimbursed for tickets. PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUESTS RELATED TO ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE PRIZE WINNER”S OR GUESTS’ USE OF THE PRIZE, INCLUDING THE MEET AND GREET.
5. ODDS: The odds of winning depend on the total eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Sponsor. Sponsor will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
6. NOTIFICATION OF WINNERS: Winners will be notified by Direct Message pursuant to the username provided by you. Winners will be notified within 9:00 a.m. PST of 11:59 PST on August 20, 2012. If a winner cannot be reached, Sponsor will begin selecting other winner(s). This process will be repeated until all winners are confirmed (Sponsor reserves the right in its sole discretion to stop the process of attempting to contact potential winner(s) in the event that the Sponsor cannot reach a potential winner in a reasonable amount of time).
7. SPONSOR’S RIGHT TO DISQUALIFY: At any time during the Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any entrant for any reason. The decisions of the Sponsor on this and all matters relating to the Sweepstakes are final and binding.
8. CONDITIONS OF SWEEPSTAKES ENTRY: As a condition of entry into the Sweepstakes, each entrant (or entrant’s parent/legal guardian, if entrant is a minor in his/her state of legal residence):
(i) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the entrant is a winner, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as necessary) the entrant’s name, state of residence, image, voice, likeness, statements, biographical material, as well as any other materials relating to the entrant and arising out of his/her participation in this Sweepstakes, including without limitation at the concert and the meet and greet (with or without using the entrant’s name) (collectively, the “Additional Materials”), without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law;
(ii) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the entrant is a winner, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Additional Materials (collectively, the “Sweepstakes Entry Materials” for (A) any purpose on or through the Sponsor’s Site and/or sites owned or operated by Sponsor or other Promotion Entities, (B) any advertising, promotional or commercial purposes in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law (all winners and guests of the Sweepstakes may be required to sign an affidavit of eligibility and release as well as a publicity release);
(iii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Promotion Entities’ use of the Sweepstakes Entry Materials, or require the entrant’s permission for the Promotion Entities to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities’ use and exploitation of the same as permitted herein; and
(iv) agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with (A) any Sweepstakes Entry Materials, (B) any breach by the entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the entrant, (C) the entrant’s conduct during and in connection with this Sweepstakes, or (D) the acceptance, use or misuse of any award or prize.
9. GENERAL RULES: The Sweepstakes is governed by and subject to the laws of the United States. All federal, state and local laws and regulations apply. Void where prohibited by law. Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding on all matters relating to the Sweepstakes. The Sponsor is not responsible for any typographical or other errors in the printing of the offer, administration of the Sweepstakes or the announcement of the prizes, or for lost, late, misdirected, damaged, incomplete or illegal entries. The Sponsor reserves the right at its sole discretion to disqualify any entrant found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Promotion Entities’ website(s), (b) violating these Official Rules, (c) violating the terms of service, conditions of use and/or general rules or guidelines of any Promotion Entities’ property or service, or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. If any provision of these Official Rules is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. NONCOMPLIANCE WITH ANY OF THE OFFICIAL RULES MAY RESULT IN DISQUALIFICATION. ANY VIOLATION OF THESE OFFICIAL RULES BY AN ENTRANT OR ANY BEHAVIOR BY AN ENTRANT THAT WILL BRING SUCH ENTRANT OR THE PROMOTION ENTITIES INTO DISREPUTE (IN THE SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH ENTRANT’S DISQUALIFICATION AS A ENTRANT AND ALL PRIVILEGES AS AN ENTRANT WILL IMMEDIATELY BE TERMINATED. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIMITATIONS OF LIABILITY: The Promotion Entities assume no responsibility for any technical malfunctions that may occur during participation in the Sweepstakes or any Sweepstakes-related activity. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Site(s)). The Promotion Entities are not responsible for any injury or damage to entrants or any other person, or to any computer related to or resulting from participating in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part (including, without limitation, any Sweepstakes date or deadline) and select winners from among those eligible entrants from that portion of the Sweepstakes that has not been compromised, if any.
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES.
11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in the Sweepstakes, each entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (e.g., costs associated with entering this Sweepstakes), and each entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of Los Angeles. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes.
13. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope to: Account Manager, Meet and Great with the Drums, BUZZMEDIA, 408 Broadway, New York, NY 10013. Requests received after 60 days shall not be honored. Vermont residents may omit return postage if requesting a set of Official Rules.
14. SPONSOR: BUZZMEDIA, 6464 W. Sunset Blvd, 6th Floor, Hollywood, CA 90028.
© 2012 BUZZMEDIA. All rights reserved.