OFFICIAL RULES ("Rules") - 5/5/10 - Version 4
THIS PROMOTION IS OFFERED IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (D.C.). VOID ELSEWHERE AND WHEREVER PROHIBITED BY LAW. THIS PROMOTION SHALL BE CONSTRUED AND EVALUATED IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. THIS PROMOTION IS OPEN SOLELY TO PERSONS WHO ARE LEGAL RESIDENTS OF, AND CURRENTLY RESIDING IN, ONE OF THE 50 UNITED STATES OR D.C., IN ORDER TO ENTER, YOU MUST BE 18 YEARS OF AGE OR OLDER (19 OR OLDER IF A RESIDENT OF ALABAMA OR NEBRASKA). ALL PARTICIPANTS IN THE PROMOTION MUST HAVE AN ACTIVE AND VALID EMAIL ADDRESS AT TIME OF ENTRY AND MUST BE A FOLLOWER OF BOTH RHAPSODY AND MOTOMOBILE ON TWITTER. BY ENTERING, YOU REPRESENT THAT YOU HAVE READ THE OFFICIAL RULES AND ANY APPLICABLE WEB SITE POLICIES AND/OR TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE AN ENTRANT'S CHANCES OF WINNING A PRIZE.
Rhapsody International Inc. ("Sponsor") is offering this Promotion ("Promotion"). This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook. David Kessler & Associates, Inc. ("Administrator") is administering the operation of, and prize fulfillment under, this Promotion. Sponsor and Administrator shall be referred to collectively as the "Promotion Entities".
1. This Promotion is open solely to legal residents of the 50 United States and the District of Columbia ("D.C.") who (a) presently are located and living in one of the 50 United States or D.C. , (b) are 18 years of age or older as of the time of entry (19 or older if a resident of Alabama or Nebraska), (c) have an active and valid e-mail address at time of entry; and (d) are followers of both Rhapsody and Motomobile on Twitter. The Promotion is void outside the outside the 50 United States and D.C. and wherever prohibited by law. Employees of Promotion Entities, their respective parent companies, affiliates, subsidiaries, agents, promotion, marketing and advertising agencies, and certain other companies with which Sponsor does business and members of their immediate families (defined for these purposes as including spouses, biological, adoptive or step-parents, children, siblings, grandparents, grandchildren, aunts and uncles, and each of their respective spouses, regardless of whether living in the same household) or households (regardless of whether related) of any of the above persons, are NOT eligible to participate in this Promotion or to receive the prize hereunder. Proof of eligibility may be required.
2. This Promotion consists of a "Mother’s Day Song List Contest" (also referred to herein as "the Promotion") as described more fully in these Official Rules. The Promotion begins on Wednesday, May 5, 2010 at 12:010:01pm Pacific Time ("PT") and ends on Sunday, May 9, 2010 at 11:59:59 pm PT ("Promotion Period"). Proof of entry submission or participation in the Promotion will not be deemed proof of receipt of such entry by Sponsor or Administrator unless independently verified by Sponsor or Administrator. Participants in this Promotion are subject to, and must comply with, this Promotion's Official Rules, and the instructions on the Promotion's Web site and all terms of use and policies of the Sponsor's Web site. Please read all such Rules, terms of use, instructions and policies carefully before participating in the Promotion.
3. Two (2) ways to enter: (a) You may enter the Promotion through the Rhapsody Mother’s Day Song List Contest link ("link") on the Facebook platform. You can also find the link at http://mothersday2010.questionpro.com. Once you find the entry form you will have to add a song list you’ve created yourself with 5 songs for your mother that you believe represent the “spirit of Mother’s Day.” (See judging criteria in Rule 5, below). You need only list the titles of each song, but please be sure the titles are accurate; inaccurate song titles may be disqualified. Follow all on-screen instructions to register for and participate in the Promotion. (b) Alternative method of entry: You may enter the Promotion by sending an email to mothersdaypromo@rhapsody.com with your first name, last name, home address (no P.O. Box numbers), apt./suite, city, state, zip code, age, email address, home phone number, and mobile phone number (if applicable) along with your five-song list. You may enter as many times as you wish during the Promotion Period via either entry method provided each entry song list is different and submitted separately in accordance with these Rules. All entries must be received by May 9, 2010 at 11:59:59 pm PT.
4. Credit for participation in the Promotion will be given to the authorized account holder of the email account used to participate in the Contest, provided that such person otherwise meets each of the eligibility requirements of these Rules. "Authorized account holder" with respect to email means the natural person who was assigned the e-mail address by an internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. "Authorized account holder" with respect to Facebook means the natural person who registered for the account used to enter the Contest. Potential winner may be required to provide proof to Sponsor that he/she is the authorized account holder of the applicable account. Promotion Entities hereby specifically reserve the right to invalidate any entries that are made through any robotic, automatic, mechanical, programmed or similar entry duplication method or through fraud or in any manner that Sponsor or Administrator deem to be in violation of these Rules, and to disqualify the individual(s) using such a method from participating further in this Promotion and/or receiving a prize hereunder. By entering, each participant in this Promotion, regardless of entry method used to participate, hereby agrees to irrevocably release, indemnify and hold harmless the Promotion Entities, Motorola, Facebook, each of their respective parent companies, affiliates, subsidiaries, advertising, marketing and promotion agencies, and the officers, directors, employees, designees and agents of each of the foregoing (collectively, the "Released Parties"), from and against any and all claims, actions, causes of action, demands, judgments, liability, injuries, damages, losses, costs and expenses (collectively, "Claims") arising out of or relating to, directly or indirectly, in whole or in part, any of the following: (a) participation of participant in this Promotion ; (b) the acceptance, possession or use/misuse of any prize by participant; (c) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, indecipherable, inaccurate, damaged, garbled, destroyed, misdirected, or not received or processed by Sponsor or Administrator for any reason; (d) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of any entry or winner notification, or the destruction of or unauthorized access to, or alteration of, any entry or winner notice; (e) failed or unavailable hardware, network, software or telephone transmissions, damage to participants' or any person's computer and/or its contents, or causes beyond Sponsor's reasonable control that may jeopardize the administration, security, fairness, integrity, safety or proper conduct of this Promotion; (f) any entry made in a manner that is not expressly allowed under these Rules; (g) incorrect or inaccurate information regarding entry, whether caused by participants or by any of the equipment or programming associated with or utilized in this Promotion; (h) any typographical or other error of any kind in any printing, advertising or other materials related to this Promotion, in the administration or execution of this Promotion, or in the announcement of prize/prize winner; or (i) cheating or fraud by any participant. SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY LISTED ABOVE. NOTHING IN THESE RULES SEEKS TO LIMIT OR EXCLUDE LIABILITY WHERE NOT PERMISSIBLE UNDER LOCAL LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR PROHIBITIONS REGARDING SUCH LIMITATIONS AND EXCLUSIONS. If for any reason the Promotion cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause(s) beyond the control of Sponsor that may corrupt or affect the security, administration, fairness, integrity, safety or proper conduct of this Promotion, or if this Promotion is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor hereby specifically reserves the right, exercisable at any time by Sponsor in its sole discretion or by Administrator, on behalf of Sponsor, to terminate, suspend or modify the Promotion. If the Promotion is terminated before the scheduled conclusion date of the Promotion Period as stated herein, then the judges will select the potential Grand Prize (as defined below) winner on the basis of the criteria stated herein from among all eligible, non-suspect entries received as of the date and time of such termination. Promotion Entities hereby reserve the right, exercisable at any time in their sole discretion (and without limitation of any and all other legal and/or equitable rights and remedies that may be available), to disqualify from this Promotion and to prosecute any individual(s) who is (are) found to be tampering with or attempting to tamper with the Promotion process or any part of this Promotion. CAUTION: ANY ATTEMPT BY ANY PERSON(S) DELIBERATELY TO DAMAGE ANY WEB SITE OR OTHERWISE TO CORRUPT THE PROMOTION OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, SPONSOR HEREBY SPECIFICALLY RESERVES THE RIGHT TO DISQUALIFY (FROM THIS PROMOTION), PROSECUTE AND SEEK DAMAGES FROM AND AGAINST ANY SUCH PERSON(S) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
5. Song lists must contain five (5) songs and will be judged on the following basis in the Promotion Entities’ sole discretion: 50% creativity and 50% appropriateness of showing the spirit of Mother’s Day. On or about May19, 2010, in Seattle, WA, qualified judges will select the winning song list from among all valid entries received. In the event of a tie, the tied entry with the highest score from the judges in the appropriateness to showing the spirit of Mother’s Day criteria will be deemed the winner.
6. Only one (1) Grand Prize will be awarded in this Promotion. The Grand Prize consists of a DROID by Motorola, a $400 check for cellular service, and a one year Rhapsody Premiere subscription. Approximate Retail Value (ARV) of prize is $1,020. No prize transfer, assignment, redemption for cash or substitution of any kind will be allowed, except as provided herein. Sponsor may substitute the prize (or any component thereof) with a different prize (or prize component) of equal or greater value, if the advertised prize (or any component thereof) becomes unavailable. All applicable income taxes in connection with the prize awarded in this Promotion are the sole and full responsibility of the prize winner, who will be issued an IRS Form 1099 for the value of the prize. All other details of prize that are not set forth specifically above shall be determined at Sponsor's sole discretion.
7. Administrator is independent of Sponsor, and Administrator's decisions in all matters relating to this Promotion shall be final, binding and non-appealable in all respects. The potential prize winner in this Promotion must comply fully with each applicable provision of these Official Rules in order to be eligible to receive his/her prize. Administrator will attempt to notify potential prize winner of his/her selection by email at the email address supplied at the time of initial entry, by phone, by postal mail and/or through an announcement on the Rhapsody Facebook and/or Twitter pages within approximately ten (10) days after the date of the above-described drawing. If: (a) the potential prize winner is found to be ineligible for any reason; or (b) if the potential prize winner fails to respond to any prize notification from Administrator within two weeks of the date of such notification; or (c) the potential prize winner fails to comply with each applicable provision of these Official Rules; or (d) the notification to the potential prize winner is returned as undeliverable; or (e) the potential prize winner cannot accept his/her prize in accordance with the provisions of these Rules, then (i) the potential prize winner will forfeit all rights to receive the prize; (ii) Promotion Entities shall be relieved of any and all further obligations or liability to the potential prize winner; and (iii) Promotion Entities shall have the right (but not the obligation) to instruct the judges to select an alternate potential prize winner from among all remaining entries on the basis of the criteria stated herein. The potential Grand Prize winner shall be required to complete, sign and return an Affidavit of Eligibility, Liability Release, and (where legal) a Publicity Release, within seven (7) days after receipt of same. If the potential Grand Prize winner fails to comply with this condition, then (a) the potential Grand Prize winner will forfeit all rights to receive the Grand Prize; (b) Promotion Entities shall be relieved of any and all further obligations or liability to the potential Grand Prize winner; and (c) Promotion Entities shall have the right (but not the obligation) to instruct the judges to select an alternate potential prize winner from among all remaining entries on the basis of the criteria stated herein.
8. By participating, each participant in this Promotion agrees that the Released Parties shall have no liability whatsoever for, and shall be indemnified, released and held harmless from and against, any injuries, losses or damages of any kind to persons or property, including without limitation death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of the prize or any component thereof (if applicable), or participation in this Promotion or participation in any Promotion -related or prize-related activities, and further acknowledge that said parties, to the extent allowed by law, 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 but not limited to its quality, mechanical condition or fitness for a particular purpose. As a condition of entering, participants agree, to the extent allowed by law, that (1) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives, all rights to claim punitive, indirect, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (2) the Promotion will be governed by the laws of the State of Washington, without regard to conflicts of laws principles, and all causes of action arising out of or connected with this Promotion, or the prize awarded, shall be resolved individually, without resort to any form of class action and shall be brought in a court of competent jurisdiction in the State of Washington applying Washington law; and (3) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney's fees.
9. Subject to Sponsor's privacy policy at http://www.rhapsody.com/privacy_policy. The potential prize winner in this Promotion (unless a resident of TN) hereby irrevocably agrees that as a condition of receiving the prize, the Promotion Entities may use the winner's name, city and state of residence, likeness (photographic or simulated) and/or voice for any and all advertising, marketing, promotion, public relations or other business or trade purposes whatsoever, in any and all media (whether now known or hereafter devised) throughout the world, in perpetuity, without any restrictions, further notice, approval, or further payment or compensation of any kind or amount. By participating in this Promotion, each entrant hereby irrevocably agrees to be bound by each provision of these Official Rules and each decision of the Administrator.
10. For the name of the Grand Prize winner (available after prize is awarded), send a self-addressed, stamped #10 size envelope, postmarked by June 19, 2010, to Rhapsody Facebook Mother’s Day Song List Contest, Rhapsody International, Inc., 1420 5th Ave, Suite #1500, Seattle, WA 98101. Winner information will be mailed after the winner has been confirmed.
11. Any questions, comments or complaints regarding this Promotion shall be submitted to the Sponsor or Administrator at the appropriate address listed below. Do not direct communications of any kind regarding this Promotion to Facebook.
Sponsor: This Promotion is sponsored solely by Rhapsody International, Inc., 1420 5th Ave, Suite #1500, Seattle, WA 98101.
Administrator: David Kessler & Associates, Inc., 391 Castlewood Lane, Buffalo Grove, IL 60089.
All trademarks used herein and in the Promotion are the property of their respective owners and are used for the benefit of those owners.
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