Official Rules for the “Fall Playlist Contest”
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
Open to legal residents of the continental United States and Washington DC (EXCLUDING RESIDENTS OF ALASKA, HAWAII, OVERSEAS MILITARY INSTALLATIONS, PUERTO RICO, AND OTHER U.S. TERRITORIES) who as of September 6, 2011 are 18 years of age or older.
Sponsors: Rolling Stone LLC (“Rolling Stone”) and Starbucks Corporation (“Starbucks”)
1. How to Enter:
b. No mechanically reproduced or computer generated entries permitted. Not responsible for lost, late or misdirected entries, or entries containing incorrect or incomplete information. Not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winners notice on account of technical problems or traffic congestion on the Internet, problems with the rollingstone.com website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer resulting from downloading any materials in connection with the Contest. Entries become the property of Rolling Stone and will not be acknowledged or returned.
2. By entering this Contest, you agree to the following:
a. Sponsors may edit, publish, copy, distribute, display and otherwise use, and license others to use and edit, your Submission, worldwide in any media, formats, editions, and derivations, now known or hereafter developed, in connection with the Contest and the advertising and promotion for the Contest without further permission, notice or compensation, except where prohibited by law.
Without limiting the previous sentence, Sponsors may publish, display and use your Submission on rollingstone.com and in advertorials and/or advertisements for Starbucks.
b. You represent that you own all rights in and to your Submission and that the use of the in the Contest does not violate or infringe upon the rights, including without limitation copyrights or rights of publicity or privacy, of any third party.
c. Any entry that Sponsors in their sole discretion deem offensive, sexually explicit, pornographic, offensive, illegal or obscene, or that Sponsors determine might otherwise reflect poorly on Sponsors will be removed and will not be eligible for the Contest.
3. Selection of Winner; Prize:
a. Selection of Winner. At the close of the entry period, a panel of judges selected by Sponsors will choose one (1) winner (the “Winner”) based upon the following skill factors with the weights accorded to them: persuasiveness of writing (50%) and originality (50%). Winner(s) will be notified by e-mail or telephone.
b. Decisions of Sponsors are final on all matters relating to the Contest. Entrants must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfillment of all requirements.
c. One (1) winner will receive the following prize (the “Prize”):
· Round-trip airfare from the major gateway airport nearest Winner’s residence to New Orleans for Winner and one (1) travel companion to attend the Voodoo Festival; for winner and one (1) travel companion;
· Two (2) tickets to The Voodoo Festival, on October 28, 2011 through October 30, 2011; and
· Two (2) nights hotel stay for Winner and travel companion (standard room, double occupancy).
d. Approximate Retail Value (“ARV”) of Prize: $3,100. Actual retail value of the Prize may vary depending on air flight fluctuations and distance between departure and destination. Winner will not receive difference from actual and approximate retail value. If the Winner cannot travel on the dates required to accept the Prize, Winner will forfeit the Prize in its entirety and Sponsors may, at their option, either select another winner in his or her place or be relieved of liability for fulfillment of the Prize. Winner is responsible for any expenses not expressly included in the Prize description, such as additional ground transportation expenses, hotel stays, airfare, incidentals, meals, beverages and any other expenses. Winner and travel companion must travel on the same itinerary.
e. Certain restrictions may apply. Sponsors reserve the right to substitute a prize of equal or greater value.
a. Employees, directors and officers of Sponsors, their parent companies, affiliates, subsidiaries, advertising or promotional agencies, and their immediate family members and/or those living in same household are not eligible.
b. No substitution or transfer of prize permitted except as provided herein. Prizes are non-redeemable for cash.
c. All federal, state, and local taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Consult with your tax professional regarding potential tax implications.
d. Potential winners must execute Affidavit of Eligibility/Release of Liability/Prize Acceptance/Publicity Release Form(s) within 2 days of notification. Noncompliance, or return of prize notification as undeliverable or inability to locate winner within 2 days after notification will result in disqualification and selection of an alternate winner. All travel companions must also execute a Release of Liability Form prior to ticketing. All travel companions must be 18 or older as of September 6, 2011. Winner and travel companion will be solely responsible for obtaining valid identification relating to acceptance and use of the travel prize. If in the judgment of Sponsors, air travel is not required due to prize Winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsors’ sole discretion. Sponsors will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
e. By participating in the Contest and accepting any prize, entrants and winners agree to release and hold harmless Sponsors, their respective parent companies, subsidiaries, affiliates and related companies, and their respective officers, directors, employees and agents (collectively, "Released Parties") from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the Contest, including without limitation participation in any Contest-related activity and/or possession, acceptance, use or misuse of any prize.
Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winner's and his/her travel companion’s transportation and such contracts shall be solely between the winner, his/her travel companion and such transportation companies. Released Parties shall not be parties to such contracts and shall assume no responsibility in this connection. Released Parties shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables.
Released Parties are not responsible if Contest cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
Sponsors’ failure to enforce any term of these rules shall not constitute a waiver of that provision.
f. Participation in the Contest constitutes consent to use entrant’s name, image, likeness and biographical information and the Submission for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law. Entrant releases and holds harmless the Released Parties for any liability, claims and causes of action based on defamation or violation of rights of publicity or privacy.
g. Sponsors reserve the right to disqualify any person tampering with the entry process, the operation of rollingstone.com or who is otherwise in violation of the Official Rules. Sponsors further reserve the right to cancel, terminate or modify the Contest in the event the Contest is not capable of completion as planned, including infection by computer virus, bugs, tampering, or technical failures of any kind. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized subscriber of the email account used to enter the Contest at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.
h. By participating, entrants (and his or her parents or legal guardians if the entrant is under the majority in their home state) agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding with regard to all matters relating to the Contest.
i. ARBITRATION and WAIVER OF CERTAIN DAMAGES: As a condition of participating in this Contest, entrants agree 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 indirect damages, (b) all causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York County, New York; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this promotion, but in no event attorney’s fees. Disputes arising from this Contest will be determined according to the laws of the State of New York, without reference to its conflict of laws principles.
6. The Sponsors of the Contest are Rolling Stone LLC, 1290 Avenue of the Americas, New York, NY 10104 and Starbucks Corporation, 2401 Utah Ave. South in Seattle, WA 98134.
7. Winner’s List:
For names of prize winners, after September 26, 2011, send a separate, stamped, self-addressed, No.10 envelope to: “Fall Playlist Contest” c/o Justin Harris, Rolling Stone, 1290 Avenue of the Americas, New York, NY 10104.
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