THE “WYCLEF JEAN ‘CARNIVAL III’ PRE-SAVE” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The “Wyclef Jean ‘Carnival III’ Pre-Save” Sweepstakes (the “Sweepstakes”) may only be entered in or from the fifty (50) United States and the District of Columbia (excluding territories and possessions) (collectively, the “Sweepstakes Territory”). Entries originating from any other jurisdiction are not eligible. You are not authorized to participate in the Sweepstakes if you are not located within the Sweepstakes Territory.
Participation in Sweepstakes is open only to legal residents of the Sweepstakes Territory who are eighteen (18) years of age or older as of August 1, 2017. Void outside of the Sweepstakes Territory, and where prohibited, including, but not limited to, where taxed or restricted by law. Employees, officers and directors of Sony Music Entertainment (“Sponsor”), its parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Sweepstakes materials (“Sweepstakes Entities”) and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to enter.
2. SWEEPSTAKES PERIOD.
The Sweepstakes will begin on August 1, 2017 at 12:00:00 p.m. EDT and will end on August 25, 2017 at 11:59:59 p.m. EDT (“Sweepstakes Period”).
3. HOW TO ENTER.
To enter the Sweepstakes, connect to your Spotify® account, pre-save Wyclef Jean’s new album, entitled ‘Carnival III’, and navigate to http://presave.wyclefcarnival3.com and fill in the entry form with the required information, including your full name and email address. All steps described above must be completed during the Sweepstakes Period to submit a valid Sweepstakes entry (each, an “Entry”, collectively, “Entries”). One (1) Entry per person. If multiple Entries are received by the same entrant, only the first Entry submitted by that entrant will qualify for entry into the Sweepstakes; subsequent Entries submitted by that entrant shall be disqualified. No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Entries, which will be disqualified. Only fully completed Entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering, entrants agree to be bound by the decisions of the Sponsor, and these Official Rules and to comply with all federal, state, and local laws and regulations. You must have a valid Spotify® account to enter. If an entrant has no Spotify® account, one can be created by visiting http://www.spotify.com and following the instructions to set up an account.
Three (3) Grand Prize Winners (each, a “Winner”, collectively, the “Winners”) will receive one (1) vinyl copy of the album ‘Carnival III’, autographed by the recording artist Wyclef Jean (the “Artist”). The approximate retail value (“ARV”) of all prizes combined (collectively, the “Prize”) is Sixty U.S. Dollars ($60.00). The ARV of the Prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated ARV, the difference will not be awarded in cash. Prize is non-transferable. No substitutions or cash redemptions provided that the Sponsor reserves the right to substitute the Prize in whole or in part for a Prize of equal or greater value in the event that any component of the Prize is unavailable for any reason. Prize may not be sold, bartered or transferred. Prize does not include any additional expenses, including, but not limited to incidentals, meals, telephone charges, travel insurance, souvenirs, transportation, federal, state and local sales or other taxes and surcharges which are the sole responsibility of the Winners. Each Winner must be at least eighteen (18) years of age as of August 1, 2017. Each Winner will be required to sign, have notarized, and return an Affidavit of Eligibility and Liability/Publicity Release within four (4) calendar days of Prize notification. IF ANY WINNER IS YOUNGER THAN THE AGE OF MAJORITY IN HIS/HER JURISDICTION OF RESIDENCE AS OF AUGUST 1, 2017, THEN SUCH INDIVIDUAL’S PARENT OR LEGAL GUARDIAN MUST PROVIDE WRITTEN PERMISSION ALLOWING THE INDIVIDUAL TO ACCEPT THE PRIZE AND THE AFFIDAVIT OF ELIGIBILITY AND LIABILITY/PUBLICITY RELEASE MUST BE SIGNED AND SUBMITTED BY A PARENT OR LEGAL GUARDIAN. If any Winner rejects his/her Prize or in the event of noncompliance with these Sweepstakes Official Rules and requirements, such Prize will be forfeited and an alternate Winner may be selected from all remaining eligible Entries. Upon any Prize forfeiture, no compensation will be given.
5. RANDOM DRAWING/ODDS.
The Winners will be selected in a random drawing from all eligible Entries on or around September 8, 2017. The drawing will take place at the executive offices of Legacy Recordings, 25 Madison Avenue, New York, NY 10010. The odds of winning depend on the number of eligible Entries received. The Winners will be notified by email and if any Winner cannot be contacted within one (1) calendar day of first notification attempt, the Prize will be forfeited and an alternate Winner may be selected from all remaining eligible Entries. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
All federal, state, provincial and local taxes are the sole responsibility of the Winners. Participation in this Sweepstakes and acceptance of Prize constitutes each Winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by Winners regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and Winners agree to release and hold harmless Sponsor, Sweepstakes Entities and their respective advertising and promotion agencies, parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (“Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of Prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Released Parties are not responsible if the Sweepstakes cannot take place or if any Prize cannot be awarded including, but not limited to due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,” AS WELL AS OTHER LAWS REQUIRING PRESENT INTENT TO RELEASE FUTURE UNKNOWN CLAIMS. THIS SECTION DOES NOT CONSTITUTE A CONCESSION THAT CALIFORNIA LAW IS APPLICABLE TO THE INTERPRETATION OF THESE OFFICIAL RULES. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.
7. ADDITIONAL TERMS.
In the case of dispute as to the identity of any entrant, the Entry will be deemed to have been submitted by the Authorized Account Holder of the email account associated with the winning Entry. “Authorized Account Holder” is defined as the natural person to whom an email account is assigned. Any potential Winner may be requested to provide Sponsor with proof that such Winner is the authorized account holder of the email account associated with the winning Entry. Any other attempted form of Entry is prohibited; no automatic, programmed, robotic or similar means of entry are permitted. Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of Entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in this Sweepstakes. Sponsor reserves the right to cancel, terminate, modify, extend or suspend this Sweepstakes should it determine (in its sole discretion) that a virus, bug, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Sponsor will select the Winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or website. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor’s representatives. Sponsor reserves the right not to award any or all Prize, or to cancel, terminate, modify, extend or suspend this Sweepstakes without liability in the event an insufficient number of eligible Entries are received.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND 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.
8. USE OF DATA.
9. ISSUES OF LAW.
All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THIS SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THIS SWEEPSTAKES WITHOUT REGARDS TO CONFLICT OF LAW RULES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THOSE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS. EACH ENTRANT EXPRESSLY WAIVES THE RIGHT TO HAVE ANY SUCH ACTION OR PROCEEDING HEARD BEFORE A JURY.
10. WINNERS’ LIST.
To obtain a list of Winners, send a self-addressed, stamped envelope by November 15, 2017 to: Legacy Recordings, 20th Floor, 25 Madison Avenue, New York, NY 10010, Attention: “Wyclef Jean ‘Carnival III’ Pre-Save” Sweepstakes Winners’ Names.
11. OFFICIAL RULES.
To obtain a copy of these Official Rules, send a self-addressed, stamped envelope by October 15, 2017 to: Legacy Recordings, 20th Floor, 25 Madison Avenue, New York, NY 10010, Attention: “Wyclef Jean ‘Carnival III’ Pre-Save” Sweepstakes Official Rules.
Sponsor is Sony Music Entertainment, 25 Madison Avenue, New York, New York 10010.