Contest Rules & Terms Of Use
FINE PRINTDeadline to enter: 11:59 p.m. PST, February 19th, 2024
Contest drawing date: February 20th, 2024
Date(s) of actual experience: March 8th, 2024
Location: Austin, TX at Moody Center
Selection Process: Grand Prize winner will be picked by members of The Maine! Number of winners: 1 + guest
Eligibility: You must be at least 18 years old to win and acknowledge that you will adhere to any COVID-19 policy set forth by the festival or venue and that this policy may change at any time. The sweepstakes is open to Mainland U.S.A. citizens except for places where sweepstakes or the awarding of a prize is prohibited. Subject to all applicable laws.
Approximate Retail Value: A Gift card valued at $3,500 USD (to be used for travel, hotels, and, ground transportation and lodging)
Disclosure: Promotion is subject to Official Rules & Terms of Use. 8123 Records may share your information with the prize providers and artist partners associated with this experience. Void where prohibited.This Promotion is in no way sponsored, endorsed or administered by, or associated with, Fall Out Boy or other artists performing on the tour.
Contest drawing date: February 20th, 2024
Date(s) of actual experience: March 8th, 2024
Location: Austin, TX at Moody Center
Selection Process: Grand Prize winner will be picked by members of The Maine! Number of winners: 1 + guest
Eligibility: You must be at least 18 years old to win and acknowledge that you will adhere to any COVID-19 policy set forth by the festival or venue and that this policy may change at any time. The sweepstakes is open to Mainland U.S.A. citizens except for places where sweepstakes or the awarding of a prize is prohibited. Subject to all applicable laws.
Approximate Retail Value: A Gift card valued at $3,500 USD (to be used for travel, hotels, and, ground transportation and lodging)
Disclosure: Promotion is subject to Official Rules & Terms of Use. 8123 Records may share your information with the prize providers and artist partners associated with this experience. Void where prohibited.This Promotion is in no way sponsored, endorsed or administered by, or associated with, Fall Out Boy or other artists performing on the tour.
8123 RECORDS TERMS OF USE AND CONTEST RULES
NO PURCHASE OR PAYMENT IS REQUIRED FOR PARTICIPATION OR TO WIN.MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Effective Date: The official contest rules (the "Contest Rules") apply to all Promotions launched on or after February 3, 2023. These Contest Rules outline the legally binding terms governing Promotions on our Site. By participating in any Promotion, you ("you" or "User") acknowledge and accept these Contest Rules, confirming that you have the requisite right, authority, and capacity to agree to these terms. If you do not agree to abide by these Contest Rules, please refrain from participating in any Promotion.
THE WEBSITE AND PROMOTIONS. 8123 Records LLC ("8123 Records"), an Arizona-based record label, and its affiliated entities, Photo Finish Records, LLC (each, a "Sponsor"), organize Promotions to engage with current and potential supporters and administer sweepstakes and other promotional activities.
APPLICABILITY OF THE Contest Rules. These Contest Rules govern all sweepstakes (each, a "Promotion") offered through the 8123 Records & The Maine website (themaineband.com/contest) (the "Site"). Each Promotion is sponsored by the Sponsor specified on the respective Promotion landing page ("Promotion Page"). Additional Promotion-specific rules may apply as detailed on the Promotion Page ("Promotion Rules"). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS SHALL APPLY.
METHODS OF PARTICIPATION.
a. Users can enter Promotions using any of the following methods:i. Posting a performance of The Maine’s “open verse” video on TikTok or Instagram. Direct links to the videos can be found at themaineband.com/contest.
b. Unless otherwise stated in the applicable Promotion Rules, each User is limited to ten thousand (10,000) entries per Promotion (the "Limit"). Excess entries beyond the Limit, regardless of the entry method, will be invalidated.
c. The following actions will invalidate all entries and may lead to User disqualification from all Promotions, or suspension/termination of a User's account:
i. Attempting to enter more times than allowed, including the use of multiple email addresses, identities, or devices to circumvent the Rules.
ii. Submitting incomplete, inaccurate, or late entries that do not comply with these Contest Rules.
iii. Failure to submit proper submission forms and agree to the terms.
iv. Violation of the Rules or 8123 Records' Terms of Service.
ELIGIBILITY.
Promotions are open only to individuals who have reached the age of majority in their jurisdiction of residence (typically 18 years of age) at the time of entry and are residents of the United States, unless specified differently in the Promotion Rules. Certain Promotions may have additional age requirements, such as a minimum age of 21 to attend specific events or receive particular prizes. Please consult the Promotion Page for specific eligibility criteria. Prizes will not be awarded to ineligible participants.
Employees of 8123 Records, The Maine, and any Sponsors, as well as their respective owners, affiliates, directors, subsidiaries, or franchisees, and their immediate family members, are not eligible to participate in any Promotion. All federal, state, and local laws and regulations apply. Void where prohibited.
PROMOTION PERIODS.
Unless otherwise indicated, each Promotion shall begin at 12:00:01 A.M. Pacific Time ("PT") and conclude at 11:59:59 P.M. PT on the specified dates mentioned on the Promotion Page (each a "Sweepstakes Period"). 8123 Records serves as the official timekeeper for all Promotions.
PRIZES, APPROXIMATE RETAIL VALUE (ARV), AND ODDS OF WINNING.
a. One or more prizes, as described on the Promotion Page, will be awarded on the final day of each Promotion's Sweepstakes Period. Unless expressly noted otherwise on the Promotion Page, no Promotion is affiliated with or sponsored, endorsed, or approved by any manufacturer or provider of the prize.
b. The ARV for each prize can be found on the Promotion Page.
PRIZE SELECTION.
a. At the conclusion of each Sweepstakes Period, members of The Maine and 8123 Records will evaluate all performances and select their favorite. The criteria and selection process may vary and include factors such as energy, vocal performance, humor, view count, or personal enthusiasm for the entry.
AWARDING OF PRIZES.
a. Potential Winners will be notified by telephone and/or email within one (1) business day following the closure of the Sweepstakes Period ("Prize Notification"). To claim a prize, a Potential Winner must respond to 8123 Records' employees within the timeframe specified in the Prize Notification. Failure to do so may result in 8123 Records selecting an alternative Potential Winner from the remaining Promotion entries.
b. Prior to awarding a prize, 8123 Records may request a Potential Winner to provide proof of identification and other eligibility documentation as required by these Contest Rules and any applicable Promotion Rules. A Potential Winner may also be asked to complete a tax acknowledgment form and an Affidavit of Eligibility and Publicity Release, granting 8123 Records and the Sponsor certain rights to utilize their name, likeness, photographs, biographical information, and other publicity rights as outlined therein. If the Potential Winner's jurisdiction of residence prohibits the requirement of consent and release for publicity as a condition of participation in a Promotion, the Potential User must formally object to 8123 Records in writing during the Verification Period. Proof of identification may include satisfactory evidence that the Potential Winner is the authorized account holder of the email address associated with the winning entry. In the event of multiple claimants for a Potential Winner status and inability to promptly verify a single authorized account holder, the prize will be forfeited.
c. Unless prohibited by law, and irrespective of whether a background check is conducted, 8123 Records and the Sponsor retain the right to disqualify a Potential Winner from a Promotion if it is determined, at their sole discretion, that the Potential Winner's receipt of a prize or participation in Promotion-related publicity could negatively impact either 8123 Records or the Sponsor's business or reputation. The Potential Winner agrees to reasonably cooperate with 8123 Records and the Sponsor in connection with any background check conducted.
d. A Potential Winner must return all required documents within two (2) business days from the date of issuance (the "Verification Period"). Failure to do so may result in prize forfeiture.
e. If a Potential Winner is found to be ineligible, not in compliance with these Contest Rules or any Promotion Rules, declines the prize, cannot be reached by 8123 Records, fails to respond promptly to 8123 Records, or if a prize or Prize Notification is returned as undeliverable, the Potential Winner will forfeit the prize. 8123 Records, at its sole discretion, may then select an alternate Potential Winner using the methods described above. Only three (3) alternate drawings will be held, after which the prize will remain unawarded.
f. Prizes are non-assignable, non-transferable, and no substitution, exchange, or cash equivalent will be permitted, except at the discretion of 8123 Records, which may substitute a prize of equal or greater value.
g. Federal, state, and local taxes, if applicable, are the sole responsibility of the recipient. All prize winners receiving prizes valued at $600 or more will receive an IRS Form 1099.
i. If a prize includes travel, all itinerary decisions will be made at the discretion of 8123 Records. Any expenses not explicitly mentioned on the Promotion Page, such as baggage fees, ground transportation and fuel, meals, beverages, gratuities, incidentals, and taxes, are the sole responsibility of the winner. The winner and any travel companions must satisfy all legally mandated travel conditions. The winner and travel companions must travel on the same itinerary from the same departure location. If the winner resides within a 150-mile radius of the prize location, 8123 Records may, at its discretion, provide ground transportation instead of airfare (if airfare is part of the prize).
j. Unused portions of a prize are non-transferable, non-exchangeable, and cannot be redeemed for cash.TAX DEDUCTIBILITY. UNLESS OTHERWISE STATED IN THE PROMOTION RULES, SPONSORS ARE NON-PROFIT ORGANIZATIONS INCORPORATED FOR EXEMPT PURPOSES UNDER SECTION 501(C)(3), 501(C)(4), OR 501(C)(6) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR ARE 527-ORGANIZATIONS UNDER SECTION 527 OF THE U.S. INTERNAL REVENUE CODE (26 U.S.C. § 527). DONATIONS MADE TO 501(C)(4), 501(C)(6), OR 527-ORGANIZATIONS UNDER SECTION 527 OF THE U.S. INTERNAL REVENUE CODE (26 U.S.C. § 527) ARE NOT TAX DEDUCTIBLE. YOU ARE RESPONSIBLE FOR ACCURATELY REPORTING ALL TAX DEDUCTIBLE DONATIONS ON YOUR TAXES, IF APPLICABLE.PRIVACY AND DATA COLLECTION. By participating in a Promotion, you acknowledge that 8123 Records will collect certain information from you. Please review 8123 Records' privacy policy. By participating in a Promotion, you agree to adhere to all terms and conditions of 8123 Records' privacy policy.
LIMITATION OF LIABILITY. By participating in any Promotion, you relinquish all rights to, and indemnify the Released Parties against, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising from or related to your participation in the Promotion or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE PROVISION MAY NOT APPLY TO YOU. None of 8123 Records, Sponsors, any other promotion partners, or any of their respective owners, affiliates, directors, subsidiaries, and franchisees, nor any other parties or organizations responsible for promoting, fulfilling, administering, or advertising a Promotion or Prize (collectively, the "Released Parties"), shall be responsible for, and hereby disclaim any and all liability for: illegible, lost, late, incomplete, misdirected, or undeliverable mail or email; any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled, corrupt, or scrambled transmissions; service provider/Internet/web site/use net accessibility, availability, or traffic congestion; any technical, typographical, or other errors; unauthorized human intervention; the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. If, for any reason, an entry is confirmed to have been erroneously deleted, lost, corrupted, or otherwise rendered invalid, or for any other reason not accepted as an entry into a particular Promotion, your sole recourse is to receive another entry into a different Promotion. If, due to technical reasons or other circumstances beyond the reasonable control of 8123 Records, any Promotion cannot be conducted as planned, 8123 Records reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion and to credit participants of any cancelled Promotion with any points previously redeemed by them for entries into such cancelled Promotion.
BINDING AGREEMENT, WAIVER, INDEMNIFICATION. By participating in a Promotion, you agree: (a) to be bound by these Contest Rules and all applicable laws and all decisions of 8123 Records, which are binding and final; (b) to waive any rights to claim ambiguity regarding these Contest Rules; (c) to waive any and all claims, actions, or proceedings against any of the Released Parties related to the Promotion; and (d) to forever release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise from: (i) the Promotion, (ii) typographical or printing errors in these Contest Rules, Promotion Rules, or any other Promotion materials, (iii) any change in any prize (or any components thereof) due to unavailability, or reasons beyond 8123 Records' or a Sponsor's control, (iv) any interruptions in or postponements, cancellations, or modifications of any Promotion, (v) human error, (vi) incorrect or inaccurate transcription, receipt, or transmission of any entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or (xii) lost, late, stolen, misdirected, damaged, or destroyed prizes (or any element thereof), or (xiii) negligence or willful misconduct by you.
DISPUTE RESOLUTION.
YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE Contest Rules, ANY PROMOTION, OR ANY PRIZES AWARDED OR NOT AWARDED (COLLECTIVELY, "DISPUTES"), SHALL BE RESOLVED EXCLUSIVELY ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, THROUGH BINDING CONFIDENTIAL ARBITRATION CONDUCTED UNDER THE ARBITRATION RULES OF ADR SERVICES, INC. ("ADR") THEN IN EFFECT, TO TAKE PLACE IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE NEUTRAL ARBITRATOR WORKING UNDER THE AUSPICES OF ADR; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING ANY PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. THE PARTIES AND THE ARBITRATOR SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDINGS AND RESOLUTION THEREOF, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION PROCEEDINGS, AND EXCEPT IN CONNECTION WITH A COURT APPLICATION FOR A PRELIMINARY REMEDY, A JUDICIAL CHALLENGE TO AN ARBITRATION AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE Contest Rules, OR THE RIGHTS AND OBLIGATIONS OF ANY OF THE PARTIES IN CONNECTION WITH A PROMOTION, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES, OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. NOTWITHSTANDING ANY OF THE FOREGOING TO THE CONTRARY, IF A CLASS OR OTHER REPRESENTATIVE ACTION IS PERMITTED, NEITHER PARTY SHALL BE ENTITLED TO ARBITRATION UNDER THIS SECTION. IF ARBITRATION IS UNAVAILABLE OR UNENFORCEABLE FOR ANY REASON, EACH OF THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AS WELL AS TO THE JURISDICTION OF ALL COURTS FROM WHICH AN APPEAL MAY BE TAKEN THEREFROM, FOR ALL DISPUTES. ANY AND ALL OBJECTIONS THAT ANY PARTY MAY HAVE REGARDING VENUE IN ANY SUCH COURT IS HEREBY WAIVED.GENERAL.
These Contest Rules are subject to and incorporated by reference within 8123 Records' Terms of Service. If any conflict arises between the Terms of Service and these Contest Rules, these Contest Rules take precedence only in connection with a Promotion. If any conflict arises between these Contest Rules and any Promotion Rules, the Promotion Rules shall take precedence only in connection with the applicable Promotion. If any Promotion is promoted or advertised on Facebook.com, you acknowledge that such Promotions are not sponsored, endorsed, or administered by, or associated with, Facebook®. Any information you provide is provided to 8123 Records and the applicable Sponsor, not to Facebook®. Facebook® is completely released from any liability by you in connection with any Promotion. Facebook® is a registered trademark of Facebook, Inc. All rights reserved.
NO PURCHASE OR PAYMENT IS REQUIRED FOR PARTICIPATION OR TO WIN.MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
Effective Date: The official contest rules (the "Contest Rules") apply to all Promotions launched on or after February 3, 2023. These Contest Rules outline the legally binding terms governing Promotions on our Site. By participating in any Promotion, you ("you" or "User") acknowledge and accept these Contest Rules, confirming that you have the requisite right, authority, and capacity to agree to these terms. If you do not agree to abide by these Contest Rules, please refrain from participating in any Promotion.
THE WEBSITE AND PROMOTIONS. 8123 Records LLC ("8123 Records"), an Arizona-based record label, and its affiliated entities, Photo Finish Records, LLC (each, a "Sponsor"), organize Promotions to engage with current and potential supporters and administer sweepstakes and other promotional activities.
APPLICABILITY OF THE Contest Rules. These Contest Rules govern all sweepstakes (each, a "Promotion") offered through the 8123 Records & The Maine website (themaineband.com/contest) (the "Site"). Each Promotion is sponsored by the Sponsor specified on the respective Promotion landing page ("Promotion Page"). Additional Promotion-specific rules may apply as detailed on the Promotion Page ("Promotion Rules"). VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS SHALL APPLY.
METHODS OF PARTICIPATION.
a. Users can enter Promotions using any of the following methods:i. Posting a performance of The Maine’s “open verse” video on TikTok or Instagram. Direct links to the videos can be found at themaineband.com/contest.
b. Unless otherwise stated in the applicable Promotion Rules, each User is limited to ten thousand (10,000) entries per Promotion (the "Limit"). Excess entries beyond the Limit, regardless of the entry method, will be invalidated.
c. The following actions will invalidate all entries and may lead to User disqualification from all Promotions, or suspension/termination of a User's account:
i. Attempting to enter more times than allowed, including the use of multiple email addresses, identities, or devices to circumvent the Rules.
ii. Submitting incomplete, inaccurate, or late entries that do not comply with these Contest Rules.
iii. Failure to submit proper submission forms and agree to the terms.
iv. Violation of the Rules or 8123 Records' Terms of Service.
ELIGIBILITY.
Promotions are open only to individuals who have reached the age of majority in their jurisdiction of residence (typically 18 years of age) at the time of entry and are residents of the United States, unless specified differently in the Promotion Rules. Certain Promotions may have additional age requirements, such as a minimum age of 21 to attend specific events or receive particular prizes. Please consult the Promotion Page for specific eligibility criteria. Prizes will not be awarded to ineligible participants.
Employees of 8123 Records, The Maine, and any Sponsors, as well as their respective owners, affiliates, directors, subsidiaries, or franchisees, and their immediate family members, are not eligible to participate in any Promotion. All federal, state, and local laws and regulations apply. Void where prohibited.
PROMOTION PERIODS.
Unless otherwise indicated, each Promotion shall begin at 12:00:01 A.M. Pacific Time ("PT") and conclude at 11:59:59 P.M. PT on the specified dates mentioned on the Promotion Page (each a "Sweepstakes Period"). 8123 Records serves as the official timekeeper for all Promotions.
PRIZES, APPROXIMATE RETAIL VALUE (ARV), AND ODDS OF WINNING.
a. One or more prizes, as described on the Promotion Page, will be awarded on the final day of each Promotion's Sweepstakes Period. Unless expressly noted otherwise on the Promotion Page, no Promotion is affiliated with or sponsored, endorsed, or approved by any manufacturer or provider of the prize.
b. The ARV for each prize can be found on the Promotion Page.
PRIZE SELECTION.
a. At the conclusion of each Sweepstakes Period, members of The Maine and 8123 Records will evaluate all performances and select their favorite. The criteria and selection process may vary and include factors such as energy, vocal performance, humor, view count, or personal enthusiasm for the entry.
AWARDING OF PRIZES.
a. Potential Winners will be notified by telephone and/or email within one (1) business day following the closure of the Sweepstakes Period ("Prize Notification"). To claim a prize, a Potential Winner must respond to 8123 Records' employees within the timeframe specified in the Prize Notification. Failure to do so may result in 8123 Records selecting an alternative Potential Winner from the remaining Promotion entries.
b. Prior to awarding a prize, 8123 Records may request a Potential Winner to provide proof of identification and other eligibility documentation as required by these Contest Rules and any applicable Promotion Rules. A Potential Winner may also be asked to complete a tax acknowledgment form and an Affidavit of Eligibility and Publicity Release, granting 8123 Records and the Sponsor certain rights to utilize their name, likeness, photographs, biographical information, and other publicity rights as outlined therein. If the Potential Winner's jurisdiction of residence prohibits the requirement of consent and release for publicity as a condition of participation in a Promotion, the Potential User must formally object to 8123 Records in writing during the Verification Period. Proof of identification may include satisfactory evidence that the Potential Winner is the authorized account holder of the email address associated with the winning entry. In the event of multiple claimants for a Potential Winner status and inability to promptly verify a single authorized account holder, the prize will be forfeited.
c. Unless prohibited by law, and irrespective of whether a background check is conducted, 8123 Records and the Sponsor retain the right to disqualify a Potential Winner from a Promotion if it is determined, at their sole discretion, that the Potential Winner's receipt of a prize or participation in Promotion-related publicity could negatively impact either 8123 Records or the Sponsor's business or reputation. The Potential Winner agrees to reasonably cooperate with 8123 Records and the Sponsor in connection with any background check conducted.
d. A Potential Winner must return all required documents within two (2) business days from the date of issuance (the "Verification Period"). Failure to do so may result in prize forfeiture.
e. If a Potential Winner is found to be ineligible, not in compliance with these Contest Rules or any Promotion Rules, declines the prize, cannot be reached by 8123 Records, fails to respond promptly to 8123 Records, or if a prize or Prize Notification is returned as undeliverable, the Potential Winner will forfeit the prize. 8123 Records, at its sole discretion, may then select an alternate Potential Winner using the methods described above. Only three (3) alternate drawings will be held, after which the prize will remain unawarded.
f. Prizes are non-assignable, non-transferable, and no substitution, exchange, or cash equivalent will be permitted, except at the discretion of 8123 Records, which may substitute a prize of equal or greater value.
g. Federal, state, and local taxes, if applicable, are the sole responsibility of the recipient. All prize winners receiving prizes valued at $600 or more will receive an IRS Form 1099.
i. If a prize includes travel, all itinerary decisions will be made at the discretion of 8123 Records. Any expenses not explicitly mentioned on the Promotion Page, such as baggage fees, ground transportation and fuel, meals, beverages, gratuities, incidentals, and taxes, are the sole responsibility of the winner. The winner and any travel companions must satisfy all legally mandated travel conditions. The winner and travel companions must travel on the same itinerary from the same departure location. If the winner resides within a 150-mile radius of the prize location, 8123 Records may, at its discretion, provide ground transportation instead of airfare (if airfare is part of the prize).
j. Unused portions of a prize are non-transferable, non-exchangeable, and cannot be redeemed for cash.TAX DEDUCTIBILITY. UNLESS OTHERWISE STATED IN THE PROMOTION RULES, SPONSORS ARE NON-PROFIT ORGANIZATIONS INCORPORATED FOR EXEMPT PURPOSES UNDER SECTION 501(C)(3), 501(C)(4), OR 501(C)(6) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR ARE 527-ORGANIZATIONS UNDER SECTION 527 OF THE U.S. INTERNAL REVENUE CODE (26 U.S.C. § 527). DONATIONS MADE TO 501(C)(4), 501(C)(6), OR 527-ORGANIZATIONS UNDER SECTION 527 OF THE U.S. INTERNAL REVENUE CODE (26 U.S.C. § 527) ARE NOT TAX DEDUCTIBLE. YOU ARE RESPONSIBLE FOR ACCURATELY REPORTING ALL TAX DEDUCTIBLE DONATIONS ON YOUR TAXES, IF APPLICABLE.PRIVACY AND DATA COLLECTION. By participating in a Promotion, you acknowledge that 8123 Records will collect certain information from you. Please review 8123 Records' privacy policy. By participating in a Promotion, you agree to adhere to all terms and conditions of 8123 Records' privacy policy.
LIMITATION OF LIABILITY. By participating in any Promotion, you relinquish all rights to, and indemnify the Released Parties against, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including attorneys' fees) arising from or related to your participation in the Promotion or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE PROVISION MAY NOT APPLY TO YOU. None of 8123 Records, Sponsors, any other promotion partners, or any of their respective owners, affiliates, directors, subsidiaries, and franchisees, nor any other parties or organizations responsible for promoting, fulfilling, administering, or advertising a Promotion or Prize (collectively, the "Released Parties"), shall be responsible for, and hereby disclaim any and all liability for: illegible, lost, late, incomplete, misdirected, or undeliverable mail or email; any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; garbled, corrupt, or scrambled transmissions; service provider/Internet/web site/use net accessibility, availability, or traffic congestion; any technical, typographical, or other errors; unauthorized human intervention; the incorrect or inaccurate capture of registration information; or the failure to capture, or loss of, any such information. If, for any reason, an entry is confirmed to have been erroneously deleted, lost, corrupted, or otherwise rendered invalid, or for any other reason not accepted as an entry into a particular Promotion, your sole recourse is to receive another entry into a different Promotion. If, due to technical reasons or other circumstances beyond the reasonable control of 8123 Records, any Promotion cannot be conducted as planned, 8123 Records reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Promotion and to credit participants of any cancelled Promotion with any points previously redeemed by them for entries into such cancelled Promotion.
BINDING AGREEMENT, WAIVER, INDEMNIFICATION. By participating in a Promotion, you agree: (a) to be bound by these Contest Rules and all applicable laws and all decisions of 8123 Records, which are binding and final; (b) to waive any rights to claim ambiguity regarding these Contest Rules; (c) to waive any and all claims, actions, or proceedings against any of the Released Parties related to the Promotion; and (d) to forever release, defend, indemnify, and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys' fees) that may arise from: (i) the Promotion, (ii) typographical or printing errors in these Contest Rules, Promotion Rules, or any other Promotion materials, (iii) any change in any prize (or any components thereof) due to unavailability, or reasons beyond 8123 Records' or a Sponsor's control, (iv) any interruptions in or postponements, cancellations, or modifications of any Promotion, (v) human error, (vi) incorrect or inaccurate transcription, receipt, or transmission of any entry, (vii) any technical malfunctions or unavailability of any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Released Parties or by you, (viii) interruption or inability to access any online service via the Internet due to hardware or software compatibility problems, (ix) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (x) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable, or damaged entries, (xi) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or (xii) lost, late, stolen, misdirected, damaged, or destroyed prizes (or any element thereof), or (xiii) negligence or willful misconduct by you.
DISPUTE RESOLUTION.
YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE Contest Rules, ANY PROMOTION, OR ANY PRIZES AWARDED OR NOT AWARDED (COLLECTIVELY, "DISPUTES"), SHALL BE RESOLVED EXCLUSIVELY ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, THROUGH BINDING CONFIDENTIAL ARBITRATION CONDUCTED UNDER THE ARBITRATION RULES OF ADR SERVICES, INC. ("ADR") THEN IN EFFECT, TO TAKE PLACE IN LOS ANGELES, CALIFORNIA, BEFORE A SINGLE NEUTRAL ARBITRATOR WORKING UNDER THE AUSPICES OF ADR; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING ANY PROMOTION, BUT IN NO EVENT ATTORNEYS' FEES; AND (3) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. THE PARTIES AND THE ARBITRATOR SHALL MAINTAIN THE CONFIDENTIAL NATURE OF THE ARBITRATION PROCEEDINGS AND RESOLUTION THEREOF, EXCEPT AS MAY BE NECESSARY TO PREPARE FOR OR CONDUCT THE ARBITRATION PROCEEDINGS, AND EXCEPT IN CONNECTION WITH A COURT APPLICATION FOR A PRELIMINARY REMEDY, A JUDICIAL CHALLENGE TO AN ARBITRATION AWARD OR ITS ENFORCEMENT, OR UNLESS OTHERWISE REQUIRED BY LAW OR JUDICIAL DECISION. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION, AND ENFORCEABILITY OF THESE Contest Rules, OR THE RIGHTS AND OBLIGATIONS OF ANY OF THE PARTIES IN CONNECTION WITH A PROMOTION, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW, RULES, OR PROVISIONS (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. NOTWITHSTANDING ANY OF THE FOREGOING TO THE CONTRARY, IF A CLASS OR OTHER REPRESENTATIVE ACTION IS PERMITTED, NEITHER PARTY SHALL BE ENTITLED TO ARBITRATION UNDER THIS SECTION. IF ARBITRATION IS UNAVAILABLE OR UNENFORCEABLE FOR ANY REASON, EACH OF THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA, AS WELL AS TO THE JURISDICTION OF ALL COURTS FROM WHICH AN APPEAL MAY BE TAKEN THEREFROM, FOR ALL DISPUTES. ANY AND ALL OBJECTIONS THAT ANY PARTY MAY HAVE REGARDING VENUE IN ANY SUCH COURT IS HEREBY WAIVED.GENERAL.
These Contest Rules are subject to and incorporated by reference within 8123 Records' Terms of Service. If any conflict arises between the Terms of Service and these Contest Rules, these Contest Rules take precedence only in connection with a Promotion. If any conflict arises between these Contest Rules and any Promotion Rules, the Promotion Rules shall take precedence only in connection with the applicable Promotion. If any Promotion is promoted or advertised on Facebook.com, you acknowledge that such Promotions are not sponsored, endorsed, or administered by, or associated with, Facebook®. Any information you provide is provided to 8123 Records and the applicable Sponsor, not to Facebook®. Facebook® is completely released from any liability by you in connection with any Promotion. Facebook® is a registered trademark of Facebook, Inc. All rights reserved.