#MelodyBeInspired Twitter Party
Terms and Conditions
NO PURCHASE OR PAYMENT NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
By entering this #MelodyBeInspired Twitter Party Promotion (“Promotion”), entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at the Sponsor’s discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
PROMOTION PERIOD. Promotion begins December 7, 2016 at 12pm ET and ends 1:00pm ET (“PromotionPeriod”).
ELIGIBILITY. This Promotion is only open to participating Red Tricycle Readers who are legal residents of the United States of America (except residents of Alaska, and Hawaii) who are at least eighteen (18) years of age as of the date of entry. Promotion is void where prohibited by law.
46 Varda Landing, Sausalito CA 94965
- HOW TO ENTER. Participants must enter using the official entry form to be eligible for prizing. Use of automated or scripted programs to submit entries is prohibited. Promotion ends December 7, 2016 at 1:00pm ET. Entry constitutes acceptance of these rules. Limit one prize per winner during the entire Promotion Period.
- WINNER SELECTION AND NOTIFICATION. A random draw will be made in Sausalito, California at 46 Varda Landing on the date of the Contest Closing Date from all eligible entries received to select the prize winner(s). Selected entrants will be notified by tweet and will be asked to correctly answer a mathematical skill-testing question to be administered by email; Selected entrants will then have fourteen (14) calendar days following receipt thereof to contact Red Tricycle to claim their prize. Should Red Tricycle not receive a reply within fourteen (14) days the selected entrant will be deemed to have forfeited any rights to the prize and an alternate potential winner may be selected. Additionally, failure to provide proof of eligibility (if requested), release documents, or other required documentation in a timely manner, failure to correctly answer the skill-testing question, or other non-compliance with these Official Rules may result in disqualification, forfeiture of the prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize in accordance with these Official Rules, who will be subject to disqualification in the same manner. (After five (5) such alternate potential winners have been selected without securing an eligible winner, the prize may remain un-awarded.) Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and correctly answering the skill testing question, such individual will be declared the “winner” of the Promotion. All decisions are final. Neither Red Tricycle nor CBS is responsible for misdirected or undeliverable notifications or for any claims, losses, expenses or liabilities arising out of an entrant’s participation in this Promotion or use of any prize.
- PRIZE DESCRIPTION.
Prizes: Five $50 gift cards to amazon.com available to be won. Approximate Retail Value (“ARV”) of Prizes: $50.
Total ARV of all prizes: $250
These prizes will be given to members chosen as outlined in Section 5.
WINNER SELECTION AND NOTIFICATION. Prize must be accepted as awarded and is not transferable, assignable or convertible to cash (except as may be specifically permitted by Sponsor in its sole and absolute discretion). No substitutions except at Sponsor’s option. Sponsor reserves the right, in its sole and absolute discretion, to substitute the Prize or a component thereof with a prize of equal or greater retail value.
TAXES. All federal, provincial and/or local income and other taxes, if applicable, are the winner’s sole responsibility.
ODDS OF WINNING. Odds of winning depend on the number of RSVPs received. Winners must provide contact information to ship prize. Failure to respond to prize notification or provide required information may result in forfeiture of the prize as outlined in Section 5.
WINNER SELECTION AND NOTIFICATION.
NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize.
CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsors and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor, Red Tricycle and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Entrants agree to abide by these Official Rules.
DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “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 institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (vi) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, provincial, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of Canada, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a provincial or federal court located within Canada. Should there be a conflict between the laws of Canada and any other laws, the conflict will be resolved in favor of the laws of Canada. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.