OFFICIAL RULES OF THE RAILBIRD VOTES ENTRY SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Twitter, Instagram or any other social network or platform. You understand that you are providing your information to Promotion Entities, and not to Twitter, Instagram or other social network or platform.
Eligibility: The Railbird Votes Entry Sweepstakes ("Promotion") is open only to natural persons who are legal residents of the United States of America who have a valid social security or tax ID number, and who are at least eighteen (18) years of age at the time of entry. Promotion may only be entered from and in eligible jurisdictions. Promotion Entities, prize providers, and their respective parent, subsidiary and affiliate companies, employees, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. In the event of a dispute as to the identity of an entrant, the authorized account holder of the account will be deemed to be the entrant. Administrator may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded. Subject to all applicable, federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: The Sponsor of the Promotion is AC Entertainment ("Sponsor").
Administrator: The Administrator of the Promotion is AC Entertainment ("Administrator").
Sponsor and Administrator are collectively referred to herein as "Promotion Entities".
Timing: The Promotion period begins at 8:00 AM Eastern Time ET on November 4, 2019 and ends at PM ET on November 5, 2019. Administrator's clock is the official time keeping device of the Promotion.
How To Enter:
1) Via Instagram, follow these steps:
a. Log into your Instagram account and follow @railbirdfestival
b. Take and upload a photo of yourself with the one (1) required hashtag #RailbirdVotesEntry (the stated required actions are collectively an “Entry”).
2) Via Twitter, follow these steps:
a. Log into your Twitter account and follow @railbirdfest
b. Take and upload a photo of yourself with the one (1) required hashtag #RailbirdVotes (the stated required actions are collectively an “Entry”).
3) Via Facebook, follow these steps:
a. Log into your Facebook account and like @railbirdfestival
b. Take and upload a photo of yourself with the one (1) required hashtag #RailbirdVotes (the stated required actions are collectively an “Entry”)
4) To enter without an Instagram, Twitter, or Facebook account or Photo, go to https://on.railbirdfestival.com/tb_app/447200 and complete the free alternative entry Promotion registration form and submit (“Entry”).
Photo is optional and is for fan engagement purposes only. Photo will have no bearing on winner selection.
For all entries: Each participant is eligible to submit up to one (1) Promotion entry during the Promotion Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address or other relevant account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated technology or system to participate is prohibited and will result in disqualification. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an Entry. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. All entries become the property of the Administrator and none will be acknowledged or returned. If entrant submits a Photo or Video, entrant agrees to the Official Rules and represents that entrant owns/has permission to use all rights to it, and will indemnify AC Entertainment, Live Nation Worldwide, Inc., Live Nation Entertainment, Inc., , and each of their respective parents, partners, divisions, subsidiaries, officers, directors, members, managers, agents, affiliates, and employees ("Released Parties") for such use, and that entrant grants Released Parties the perpetual & unlimited right to use, exploit, modify, and otherwise distribute it & entrant’s name, location, likeness & statements accompanying it in or to promote Released Parties' merchandise, publications, social media, and/or promotions without further compensation. Released Parties are not obligated to use, publish, display or broadcast any Entry materials submitted with an Entry; provided however that each entrant acknowledges that Administrator will rely on such entrant's agreement and compliance with these Official Rules when entrant submits or attempts to submit the Entry. As conditions of Entry into this Promotion, and submitting an Entry, each entrant:
1. Warrants and represents that the entrant has the written consent, release, and/or permission of each and every identifiable individual person (if applicable) in the Entry to use his/her respective name or likeness to enable inclusion and use of the Entry in the manner contemplated by the Promotion Entities and these Official Rules, and can make written copies of such permissions available to the Promotion Entities upon request;
2. Acknowledges and agrees that the Promotion Entities may exploit, edit, modify, display, sell, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or not currently known, throughout the world in perpetuity without compensation, permission or notification to entrant or any third party. Promotion Entities have the right to sublicense Art to third parties, including without limitation, to Live Nation Entertainment, Inc. or Artist, throughout the world in perpetuity without compensation, permission or notification to entrant or any third party;
3. Warrants and represents that entrant’s Entry is original to the entrant and has been legally obtained and created, does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations;
4. Entrants who are not yet at the age of majority in the jurisdiction in which they reside will be required to obtain parental or legal guardian consent to be eligible to be declared a grand prize winner (as hereinafter defined);
5. Warrants and represents that entrant’s Entry does not contain any unlicensed images;
6. Agrees to conduct him/herself with due regard to public conventions and morals, and shall not do or commit any act that would tend to prejudice the Promotion Entities during the Promotion Entry Period and for up to one (1) year following acceptance of the prize; and in the event an entrant cannot provide all required releases, Promotion Entities reserve the right, in their sole discretion, to disqualify the applicable Entry, or seek to secure the releases and clearances for Promotion Entities’ benefit, or allow the applicable Entry to remain. Entrants agree that Entry shall not contain, include or involve any of the following:
• Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
• Gang signs or symbols
• Explicit sexual activity
• Illegal drug or alcohol use
• Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements
• License plates, phone numbers, personal addresses (physical or email or otherwise)
• Website or web page links
• Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliation of other people (publicly or otherwise), any assault or threatening of others
• Trespass or the violation of other people’s rights or property
• Illegal (e.g., discriminatory, harassing) or inappropriate activity, behavior or conduct (e.g., inflicting emotional distress)
• Conduct or activities in violation of these Official Rules
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Promotion Entities, in their sole discretion.
Prize: One (1) Grand Prize
consist of two (2) VIP weekend passes to Railbird Festival scheduled to take place August 22-23, 2020.
Winner and guest must be at least eighteen (18) years of age and must abide by all venue policies. Parking, travel and accommodations not included and are the sole responsibility of winner. Promotion Entities reserve the right to not award any prize to, or to revoke full or partial prize from, any winner or winner's guest who Promotion Entities and/or venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Promotion Entities into disrepute. The prize is non-transferable and resale of tickets is prohibited.
Odds of winning prize depends on the number of eligible entries received. There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of winner. Prizes may not be transferred or assigned. Only listed prizes will be awarded and no other prizing or substitutions will be made. Winners agree to accept the prize "as is", and entrants hereby acknowledge that Promotion Entities have 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 Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded. A Form 1099 will be issued to the winner for value of prize $600 or more.
Selection and Verification of Potential Winners: Administrator will randomly select one (1) potential winner from all eligible entries on or around November 6, 2019. Administrator's decisions as to the administration and operation of the Promotion and the selection of potential winners are final and binding in all matters related to the Promotion. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.
All potential winners are subject to verification by Administrator. Administrator will not accept screenshots or other evidence of winning in lieu of its validation process. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Each potential winner will be notified by email, phone or via a direct message to the social account used to enter. Each potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") and an I.R.S. Form W-9 as applicable (except where prohibited), which must be received by Administrator within seventy-two (72) hours of the time notice or attempted notice is sent, in order to claim a prize (if applicable). If a winner is a minor, the Affidavit must also be executed by the winner's parents or legal guardians. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), declines the prize or prize is returned as undeliverable, such potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Administrator will award the corresponding prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only three (3) alternate winners will be selected, after which the prize will remain un-awarded.
Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Promotion Entities' use of winner's name, social media identity, likeness, photograph, voice, opinions, hometown and state for promotional purposes in connection with this Promotion in any media, worldwide, without further payment or consideration.
Errors and Unauthorized Activity: Promotion Entities are not responsible: (1) for any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Promotion; (4) for technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize; or (6) if the Promotion cannot take place or if any prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Promotion Entities' reasonable control impairs the integrity or proper functioning of the Promotion, as determined by the Administrator in its sole discretion. In such event, the Administrator reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Administrator reserves the right, in its sole discretion, to disqualify any individual it suspects or finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Promotion Entities' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Release: By participating in the Promotion, entrant (a) releases Promotion Entities, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Promotion, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.
Disputes: As a condition of participating in the Promotion, entrant agrees that: a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; b) all causes of action arising out of or connected with this Promotion or the prizes awarded, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event shall entrant be entitled to receive attorneys' fees or other legal costs. Promotion Entities reserve the right to modify prize award procedures. The Promotion and these Official Rules, and the validity, construction, performance, and enforcement thereof, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
Winner's List: To obtain a list of the names of winners of prizes with a value greater than $25, mail your request and a self-addressed, stamped envelope, up to sixty (60) days after the close of the Promotion to Winners’ List, c/o AC Entertainment 507 S Gay St, Knoxville, TN, 37902. Attention: Promotions Dept.
The Promotion and all accompanying materials are © 2019 Live Nation Worldwide, Inc.
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