NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the forty-eight (48) contiguous states of the United States or not currently located in the United States. Void in Hawaii, Alaska, Guam, the U.S. Virgin Islands, and Puerto Rico. Further eligibility restrictions are contained in the official rules below.
1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. The “Kraftwerk Fly Away Sweepstakes” (the “Sweepstakes”) begins on August 19, 2015 at 12:00 pm Pacific Time (“PT”) and ends on September 4, 2015 at 12:00 pm PT (“Sweepstakes Period”). The sponsor of this Sweepstakes is SpinMedia Group, Inc. (“Sponsor”). Goldenvoice (“Presenter”) is not responsible for the collection, submission or processing of entries, the administration of the Sweepstakes, and the selection of the winners. Presenter will be responsible for the fulfillment of sweepstakes prizes.
2. ELIGIBILITY: This Sweepstakes is open only to legal residents of the forty-eight (48) contiguous states of the United States and the District of Columbia, who are physically located and residing therein and who are at least eighteen (18) years of age at the time of entry (“Entrant”). Eligible Entrants who are under the legal age of majority in their state of primary residence (“Minor”) must have their parent or legal guardian’s permission to participate in the Sweepstakes. A Minor Entrant will be required to provide parental consent in a form satisfactory to the Sponsor before he or she can be declared a potential winner and any prize can be awarded. Entrant must be a registered user of Facebook. Registration on Facebook is free and can be obtained at www.Facebook.com. All Entrants must comply with the rules and requirements of Facebook, which are available at https://www.facebook.com/legal/terms. Entrant must be the rightful owner (or have authorized use) of the Facebook account associated with the entry. In the event of a dispute as to the identity of a winner, the winner will be deemed the natural person in whose name the email account associated with the Facebook account was opened. Employees of Sponsor, Presenter, their advertising or promotion agencies, those involved in the production, development, implementation or handling of this Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers and fulfillment companies, any other person or entity associated with this Sweepstakes (collectively, the “Sweepstakes Entities”) are ineligible to enter or win this Sweepstakes. Household Members and Immediate Family Members of such individuals are also not eligible to enter or win. “Household Members” shall mean those people who share the same residence at least three (3) months a year. “Immediate Family Members” shall mean parents, step-parents, legal guardians, children, stepchildren, siblings, step-siblings, or spouses. Void in Hawaii, Alaska, Guam, the U.S. Virgin Islands, and Puerto Rico and where prohibited or restricted by law.
3. HOW TO ENTER: Entrant may participate in the Sweepstakes via a comment on their favorite Kraftwerk song on the Stereogum.com Facebook post. User must use Facebook Connect login to make this comment and must be a ‘fan’ of Stereogum on Facebook.
Submissions are subject to the following content restrictions:
• Submission should not contain material that infringes or violates any right of a third party including: (1) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (2) right of privacy or publicity; or (3) any confidentiality obligation. For example, submission should NOT contain reference to sport team logos, celebrities, names or logos of businesses, music or lyrics, or clips from television shows or movies.
• Submission should NOT include third parties/people who have not expressly authorized in writing the Entrant to feature their name, image, likeness or voice in the Submission or otherwise use such name, image, likeness or voice in accordance with these Official Rules. If applicable, selected winners may be required to verify such authorization in the form of a release.
• Submissions should NOT contain subject matter which is, or could be considered, in the sole discretion of Sponsor, obscene, pornographic, violent (e.g., relating to assault, murder, the sales of weapons, cruelty, abuse, etc.), defamatory, libelous, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., illegal gambling, underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, hateful, degrading, harassing, or otherwise unlawful, tortious or objectionable;
• Submission should NOT contain any content that is protected by copyright (without the express prior written consent of the owner of such right) or include any recognizable locations or include names and/or descriptions of any copyrighted media production, including, without limitation, films, books, television programming, etc., or identifying descriptions of any media property; and
• Submissions must NOT contain any derogatory references to any Sweepstakes Entities.
Limit one (1) entry per person for the duration of the Sweepstakes Period. Entries must be received by September 4, 2015 at 12:00 pm PT. If entries exceed the entry limitations, the Entrant may be disqualified, at the Sponsor’s sole discretion. Entries generated by a script, macro or other automated means will be disqualified. Entrants must be able to receive private messages via Facebook. Incomplete, unreadable, or unintelligible entries will be disqualified. All information provided by Entrants becomes the property of Sponsor. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Sweepstakes constitutes Entrant’s understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally. Sponsor has the right to change the Sweepstakes Period, and all other dates or deadlines set in connection with this Sweepstakes, at any time and in its sole discretion and notice will be posted wherever the sweepstakes is promoted across Sponsor’s network of sites.
4. GRAND PRIZE: One (1) Grand Prize will be available, consisting of: (i) two (2) premium admission tickets to the Kraftwerk 3D Concert at the Wang Theatre in Boston on the 3rd of October 2015, (ii) two (2) day, one (1) night accommodations for two (Winner and guest) in a double occupancy room, (iii) commercial airfare for two, (iv) and ground transportation. Approximate Retail Value (“ARV”) of Grand Prize: $1,200.
ARV of Grand Prize may vary. ARV will depend on point of departure, any airfare fluctuations and seasonal pricing; any difference will not be awarded. PRIZE WINNER AND GUEST WILL NEED TO BE AVAILABLE TO TAKE TRIP AS SET FORTH ABOVE OR THE PRIZE WILL BE FORFEITED AND NO ADDITIONAL COMPENSATION WILL BE AWARDED. The airline for the Grand Prize Winner will be selected by Presenter in its sole discretion. Airline carrier’s regulations and conditions apply. Trip is subject to air travel/hotel availability, holiday and blackout dates, and other restrictions/conditions and must be booked at least thirty (30) days prior to the date of departure. Once trip dates have been booked, no changes, extensions or substitutions are permitted, except at Presenter’s sole discretion. Presenter will not replace any lost or stolen tickets or travel vouchers. Other than as expressly set forth above Grand Prize Winner is solely responsible for all incidentals, including, but not limited to, ground transportation, meals, beverages, gratuities, phone calls, insurance, taxes, and any other expenses not specifically mentioned as being included. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full airfare will be charged to the Grand Prize Winner from stopover point for the remaining segments, including return, of the trip. Grand Prize Winner must have and is solely responsible for obtaining all necessary identification and/or travel documents required for travel and hotel stay, including, but not limited to, a valid U.S. driver’s license, credit card or government issued ID. Sweepstakes Entities are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. If, in the judgment of Presenter, air travel is not required due to the proximity of the Grand Prize Winner’s residence to the destination, ground transportation will be substituted for round-trip air travel at Presenter’s sole discretion. Airline tickets and hotel accommodations are subject to the rules and regulations of the applicable issuer.
GRAND PRIZE WINNERS AND GUESTS MUST BE AVAILABLE TO ATTEND THE CONCERT ON OCTOBER 3rd 2015 OR THE GRAND PRIZE WILL BE FORFEITED. Presenter will not replace any lost or stolen tickets. Other than as set forth above, Grand Prize Winner is solely responsible for transportation, accommodations and other expenses to the concert.
By entering this Sweepstakes and accepting the prize, Grand 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 concert. The winner understands and agrees that the Sweepstakes Entities and other prize providers have the right, in their sole discretion, to disqualify and remove the Grand Prize Winner or guest from any activity at any time if the Grand Prize Winner’s or guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of a Sweepstakes Entity or otherwise violates the policies of the prize providers as determined in the sole discretion of the Presenter, and in such a case, the Grand Prize Winner will still be solely responsible for all taxes and other expenses related to the prize. Grand Prize Winner is responsible for all activities of his or her guest.
5. ODDS OF WINNING: Odds of winning depend on the number of eligible entries received.
6. WINNER SELECTIONS AND NOTIFICATIONS: TIME IS OF THE ESSENCE IN AWARDING THE GRAND PRIZE. Potential Grand Prize Winner will be selected via random drawing from all eligible entries received during the Sweepstakes Period on or about September 8th, 2015. Potential Grand Prize Winners will be contacted via a tagged comment in the Facebook comment thread announcing the winner. Potential Grand Prize Winner will be required to private message the Stereogum Facebook page within twenty-four (24) hours (or a shorter time if required by exigencies) of attempted notification. The failure to respond and provide an email address and/or phone number within 24 hours of notification may result in forfeiture of the prize. Potential Grand Prize Winner will be emailed and required to verify address and complete, sign, and return within forty-eight (48) hours of initial notification an affidavit of eligibility, a liability release, and, unless prohibited by law, a publicity release and other legal documents as may be required by Sponsor in its sole discretion (collectively, the “Prize Claim Documents”) covering eligibility, liability, advertising, publicity and media appearance issues. Failure to return the Prize Claim Documents within the specified time period may result in forfeiture of the prize and selection of an alternate winner from the remaining eligible entries for that prize. The Grand Prize Winner’s Guest must be at least eighteen (18) years of age. The Grand Prize Winner’s Guest will be required to return a Guest eligibility/liability release and, unless prohibited by law, a publicity and media release. A prize will not be awarded/fulfilled until all such properly executed documents are returned. Sponsor, in its sole discretion, will attempt to contact up to two (2) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. Administrator and/or Sponsor reserve the right to disqualify anyone not fully complying with the Official Rules. Winner may be requested to provide Sponsor with a valid Social Security Number for tax reporting purposes. An IRS Form 1099 may be issued in the name of the Grand Prize Winner for the actual value of the Grand Prize received.
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: (i) without limiting the rights granted to the Sweepstakes Entities and their affiliates, legal representatives, assigns, agents, and licensees, if the Entrant is the Grand Prize Winner, irrevocably grants to the Sweepstakes Entities and their affiliates, legal representatives, assigns, agents and licensees the worldwide, royalty-free, non-exclusive, sub-licensable, 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 submitted by and/or relating to the Entrant and arising out of his/her participation in this Sweepstakes (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 Sweepstakes Entities and their affiliates, legal representatives, assigns, agents, and licensees if the Entrant is the Grand Prize Winner, irrevocably grants to the Sweepstakes Entities and their affiliates, legal representatives, assigns, agents, and licensees, the worldwide, royalty-free, non-exclusive, sub-licensable, 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 any purpose on or through the Sponsor Site and/or sites owned or operated by Sponsor or other Sweepstakes Entities, and 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 (the Grand Prize Winner will 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 Sweepstakes Entities’ use of the Sweepstakes Entry Materials, or require the Entrant’s permission for the Sweepstakes Entities to use them for promotional purposes and agrees to never sue or assert any claim against the Sweepstakes Entities’ use and exploitation of the same as permitted herein; and (iv) agrees to indemnify and hold the Sweepstakes Entities and their respective affiliates, officers, directors, members, agents, representatives, co-branders, or other partners, and any of their employees (collectively, the “Sweepstakes 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 Sweepstakes 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 and/or Guest’s conduct during and in connection with this Sweepstakes, (D) the acceptance, use or misuse of the Grand Prize, or (E) Entrant’s participation in the Sweepstakes.
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. By entering or participating in this Sweepstakes Entrants waive the right to claim any ambiguity or error in the Official Rules or in the Sweepstakes itself. Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. 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, the Sponsor Site or the Sweepstakes 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 Sweepstakes 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 SWEEPSTAKES 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 THE SPONSOR SITE OR ANY OTHER WEBSITE ASSOCIATED WITH THE SWEEPSTAKES 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.
(i) In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Grand Prize or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes.
(ii) If the Sweepstakes is terminated before the expiration of the Sweepstakes Period for any reason, Sponsor will (if possible) select the Grand Prize Winner in a random drawing from all eligible, non-suspect entries received as of the date of the events giving rise to the termination. Inclusion in such drawing shall be each Entrant’s sole and exclusive remedy under such circumstances. Sponsor may substitute the type and quantity of prize(s) described in these Official Rules at its sole discretion.
(iii) In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the authorized account holder of the e-mail address which submitted the potentially winning entry, but only if that person meets all other eligibility criteria. Illegible, incomplete, mechanically reproduced, false, fraudulent, and/or deceptive entries or acts shall render Entrants ineligible. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each potential winner may be required to provide Sponsor with proof that he/she is the authorized account holder for the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
(iv) These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with the law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein
10. RELEASE / LIMITATIONS OF LIABILITY: Entrants agree that the Sweepstakes Entities, Facebook and any and all Internet server(s) and access provider(s), web site hosts and facilitators and cellular provider(s), and each of their respective affiliates, subsidiaries, parent corporations, and advertising and promotional agencies, and all of their officers, directors, members, shareholders, employees, representatives, and agents (collectively, “Releasees”) are not responsibility for any technical malfunctions that may occur in connection with the Sponsor’s sites or during participation in the Sweepstakes or any Sweepstakes-related activity; 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 Sponsor’s sites; any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access the Sponsor’s sites or any web pages thereof; inability to connect to or upload to the Sponsor’s sites; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines, mobile networks, or the Internet or any web site (including the Sponsor sites) or for any other reason whatsoever; incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; typographical, printing, or other errors; or any combination thereof. 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 Sweepstakes 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 may select a Grand Prize Winner from among those eligible Entrants from that portion of the Sweepstakes that has not been compromised, if any. Proof of submitting information to the Sponsor Sites is not considered proof of delivery or receipt. IN NO EVENT WILL THE SWEEPSTAKES 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 the Grand Prizes awarded, or the determination of the Grand Prize 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 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 New York, 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 New York, County of Manhattan. 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. SPONSOR: SpinMedia Group, Inc., 276 5th Avenue, 7th Floor, New York, NY 10001.
14. WINNERS LIST/RULES REQUESTS: For a copy of these Official Rules or the winner list, send a stamped, self-addressed envelope to: “Kraftwerk Fly Away Sweepstakes”, C/O Brett Bass, to SpinMedia Group, Inc., 276 5th Avenue, 7th Floor, New York, NY 10001.