OFFICIAL SWEEPTAKES RULES OF THE SONY HEADPHONE 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, Facebook, Twitter, Instagram or any other social network or platform. You understand that you are providing your information to Promotion Entities, and not to, Facebook, Twitter, Instagram or other social network or platform.
Eligibility: The Sony Headphone Sweepstakes ("Promotion") is open only to natural persons who are legal residents of The United States of America (excluding territories) who have a valid social security or tax ID number, and who are at least eighteen (18) years of age (AL & NE, 19+), and who have a valid Instagram or Twitter account 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 or win. 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 Sony Electronics Inc. ("Sponsor").
Administrator: The Administrator of the Promotion is Live Nation Worldwide, Inc. ("Administrator" also known as "Live Nation").
Sponsor and Administrator are collectively referred to herein as "Promotion Entities".
Timing: The Promotion period begins at 12:00 PM Eastern Time on August 2, 2019 and ends at 11:59 PM Eastern Time on September 13, 2019 (“Promotion Period”). Administrator's clock is the official time keeping device of the Promotion.
How To Enter: Via Internet, 1) log into your Instagram or Twitter account, upload a photo (“Photo”) of yourself at a Sony selfie area at one of the following venues: House of Blues® Chicago, IL, The Fillmore® Philadelphia, PA, The Wiltern (Los Angeles, CA) or the Hollywood Palladium (Hollywood, CA), 2) include the hashtag #sonyheadphonesweepstakes ("Hashtag") from your Instagram or Twitter account, and 3) tag either @hobchicago @fillmorephilly @thewiltern @hollywoodpalladium on Instagram, or @hobchicago @fillmorephilly @wiltern @thepalladium on Twitter. Photo must be a new upload and uploaded during the Promotion Period. If you wish to add the required Hashtag to an existing Photo, you will need to re-upload during the Promotion Period. Entrant's Instagram account must be set to public at time of entry and until October 14, 2019 as entries with a private account setting may not be captured.
As an alternative means of entry, you may follow the steps above without being present at a listed venue and upload any Photo, which may be a blank image or other non-personally identifiable image, making sure to include the required Hashtags and @mentions for a venue listed above.
Promotion Entities are not responsible for the functionality of the Instagram or Twitter platform, including changes that may interfere with the Promotion or the ability of a potential entrant to participate in the Promotion.
Photo is for entertainment purposes only. Winners will be selected in a random drawing and Photo will have no bearing in winner selection.
To enter, an entrant must be a registered user of Instagram or Twitter. If an entrant is not a registered user of these sites, the entrant must visit www.instagram.com or www.twitter.com to register for free. Registration for and use of the Instagram platform is subject to its terms and conditions and Promotion Entities have no responsibility with respect to such registration or use.
As conditions of entry into this Promotion, and submitting a Photo, you:
1. Warrant and represent that you have the written consent, release, and/or permission of each and every identifiable individual person in the Photo to use his/her respective name or likeness to enable inclusion and use of the Photo 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. Acknowledge and agree that the Promotion Entities may exploit, edit, modify, display and distribute the Photo, 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;
3. Warrant and represent that your Photo is original to you 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. Warrant and represent that your Photo does not contain any unlicensed images, other than those relating to the venues and/or Sony;
5. Agree to conduct yourself with due regard to public conventions and morals, and shall not do or commit any act that might prejudice the Promotion Entities during the Promotion Period; and
6. In the event that Promotional Entities observe breach of the representations and warranties set forth in Section 1 and/or 3 hereunder, Promotion Entities reserve the right, in their sole discretion, to disqualify the applicable Photo and the Entrant as a result. Entrants agree that Photos shall not contain, include or involve any of the following:
· Published material under copyright (not owned by you) or the license thereof, other than those relating to the venues and/or Sony
· Obscenity
· Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
· Gang signs or symbols
· Violence
· Sexual activity
· Nudity
· Illegal drug or alcohol use
· Commercial products (e.g., clothing, toys, food) and/or their trademarks, brands, logos or endorsements, other than those relating to the venues and/or Sony
· License plates, phone numbers, personal addresses (physical or email or otherwise)
· Website or web page links, other than those relating to the venues and/or Sony
· 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
Administrator is not obligated to use, publish, display or broadcast any 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.
For all entries: Each participant is eligible to submit up to one (1) Promotion entry per venue during the Promotion Period, regardless of method or combination of methods of entry or number of entries submitted. Total entries into the Promotion shall not exceed four (4) per entrant. 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.
Prizes: Twenty Four (24) Grand Prizes each consisting of one (1) pair of Sony Wireless Noise Canceling headphones (model WH-1000xM3. Approximate Retail Value of the Prize is: Three Hundred Dollars and Zero Cents ($300.00).
For all prizes: Odds of winning a 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, unless determined by Promotion Parties in their sole, unilateral discretion. 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 prizing 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 four (4) potential Grand Prize winners (total of 24 winners) from all eligible entries on the following dates: 8/12/19, 8/19/19, 8/26/19, 9/3/19, 9/9/19, 9/16/19. Final 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 entrant 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 screen shots 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 or phone, or via a direct message to the social media account used to enter, as applicable. 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.
Privacy: Information submitted by entrants will be collected by Administrator's systems based in the United States and such collection will be subject to applicable United States laws. Entrants may withdraw personal data upon request; however, entrant will be disqualified if personal data is withdrawn prior to the determination of the winners and fulfillment of the prizes. Information submitted by entrants is subject to Administrator's privacy policy: http://concerts.livenation.com/h/privacy.html. Entrant's participation in this Promotion constitutes consent for Administrator to use entrant's personal information solely for the purpose of administering the Promotion and awarding the prizes.
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; (6) for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method or (7) 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 Administrator in its sole discretion. In such event, 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 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 Sony Headphone Sweeps #41177 WINNERS LIST, c/o Live Nation Worldwide, Inc., 7060 Hollywood Blvd., Hollywood, CA, 90028, Attention: Sweeps Dept.
Live Nation is a trademark of Live Nation Worldwide, Inc.
These Official Rules may not be reprinted or republished in whole or in part without the prior written permission of Administrator.