The Killers Concert Sweepstakes
This Sweepstakes is intended for legal residents of Florida only who are 21 years of age or older. Void where prohibited. Do not enter this Sweepstakes if you are not eligible.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
The Killers Concert (the “Sweepstakes”) will commence at 7:00:00 PM Eastern Time (“ET”) on December 25, 2017 (“Start Date”) and end at 11:59:59 PM ET on January 18, 2018 (“End Date”). The period between the Start Date and End Date will be referred to as the (“Sweepstakes Period”).
1. SPONSOR/ADMINISTRATOR. The Sweepstakes is sponsored and administrated by Wine Traders International (“Sponsor” and “Administrator”) for its Dancing Mermaids brand (“Brand”).
2. ELIGIBILITY REQUIREMENTS. The Sweepstakes is open to legal residents of Florida who are 21 years of age or older. VOID IN UTAH, PUERTO RICO, U.S. VIRGIN ISLANDS, AND OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHEREVER PROHIBITED OR RESTRICTED BY LAW. Directors, officers, employees, and agents of Sponsor, Administrator and any retail licensees, authorized licensees, wholesale licensees, distributors, and each of their respective parent, sister, affiliates, subsidiaries, advertising and promotional agencies, and all other corporations, partnerships, or other legal entities or individuals associated with the development, administration, or fulfillment of this Sweepstakes, and the immediate families of such persons (defined as spouse, child, sibling, parent, son-in-law, daughter-in-law, grandparent, so-called “step” or “half” variations of any of the preceding individuals, and all descendants and each of their respective spouses, regardless of where they live), and those living in their same households, whether or not related, are ineligible to enter, win or collect prizes in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws, regulations, and ordinances.
3. TO ENTER. The Sweepstakes begins at 7:00:00 PM ET on December 25, 2017 and ends at 11:59:59 PM ET on January 18, 2018. There is one way to enter the Sweepstakes as described below.
Instagram: Follow @dancingmermaidsrose on Instagram, like the post and tag your guest before the deadline stated in the post (the “Entry”).
To be eligible, the Entry must be in English. Your Entry must be received by 11:59:59 PM ET on January 18, 2018. Posts that are not visible to Sponsor or Administrator will not be entered into the Sweepstakes. Limit: One (1) Entry per person. Entries will not be acknowledged or returned. Entries become the property of Sponsor upon posting.
Entries will be deemed to have been submitted by the Instagram account holder. The authorized account holder is defined as the natural person who is assigned to a username by Instagram. You must enter using only an account registered in your name. The potential winner may be required to provide Administrator with proof that he/she is the authorized account holder of the account associated with the winning Entry. Entries that have been generated by a script, macro, bot or any other automated means will be deemed void. Entrants may not create or enter with multiple accounts. Any entrant who attempts to enter with multiple accounts or under multiple identities will be disqualified and forfeits prize won, in Sponsor or Administrator’s sole discretion. Entries not in compliance with these Official Rules may be disqualified in Sponsor or Administrator’s sole discretion.
4. SWEEPSTAKES ENTRY CRITERIA. In addition to the above requirements, each Entry must meet the following content restrictions:
· The Entry must not contain sexually explicit content, violence or objectionable material that Sponsor or Administrator determines in its sole discretion is inappropriate, indecent, obscene, abusive, hateful, tortuous, defamatory, slanderous, libelous or offensive;
· The Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
· The Entry must not contain material that is unlawful, in violation of or contrary to any applicable laws, rules or regulations. The Entry must not contain any personally identifiable information of any person other than you. Should you include personally identifiable information about yourself in your Entry, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof;
· The Entry must not contain any commercial content or logos;
5. WINNER SELECTION AND NOTIFICATION.
Winner Selection: There will be one (1) winner for the two (2) concert tickets. Winners will be determined by random drawing conducted by the Administrator on or about January 19, 2018 from among all eligible Entries. All decisions of Sponsor or Administrator are final and binding. All Entries are subject to verification, confirmation and compliance with the Official Rules. Odds of winning depend upon the number of eligible Entries received. Limit: One (1) winner per household.
Winner Notification: Sponsor or Administrator will attempt to notify each potential winner (“Potential Winner”) via direct message to entrant’s Instagram Account on or about December 19, 2018. Potential Winner must respond within one (1) day of notification attempt. Failure to respond to notification as directed within the stated time will result in forfeiture of the prize. Awarding of any prize is subject to verification of Potential Winner’s eligibility and full compliance with these Official Rules. The Potential Winner will be required to complete, sign and return an Affidavit of Eligibility and a Liability/Publicity Release Form (“Affidavit and Release”) before the prize will be issued. Failure to return the signed Affidavit and Release timely may result in forfeiture of the prize. If any Potential Winner cannot be contacted as specified above, or if Potential Winner fails to return the signed Affidavit of Eligibility by the deadline specified above, or if a Potential Winner is deemed ineligible for any other reason in Sponsor or Administrator’s sole discretion, the Potential Winner will be disqualified and an alternate winner may, at Sponsor or Administrator’s sole discretion, be randomly selected in his/her place from among all remaining eligible Entries, time permitting.
6. PRIZE(S) AND APPROXIMATE RETAIL VALUE (“ARV”). There will be one (1) prize. Each prize will be two (2) tickets to attend The Killer concert in 2018 in Miami, Florida. Alcohol is not part of the prize. Total ARV of the prize to be awarded in this Sweepstakes is $512.00. Prize will be sent to winner’s email address after winner is verified and returns a completed Affidavit and Release. Unclaimed or returned prizes will not be awarded. Sponsor and the Administrator are not responsible for any legal, or other restrictions on winner’s use of the prize. Winner and guest are responsible for their own travel. Incidental expenses and all other costs and expenses which are not specifically listed as part of the prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the winner. If any part of the prize becomes unavailable for any reason, Sponsor will not be responsible to award that part of the prize. Winner is solely responsible for any and all applicable fees and taxes associated with receipt and use of the prize. PRIZE IS AWARDED “AS IS,” “WHERE IS,” WITH NO WARRANTY OR GUARANTEE EXPRESS OR IMPLIED. Prize is nonassignable, nonsubstitutable, and nontransferable. Notwithstanding the foregoing, Sponsor may, at its sole discretion, substitute cash or a prize of equal or greater monetary value.
7. EVENT CONDUCT. Winner and his/her guest conduct will be under the supervision of Sponsor or Administrator and its event representatives (“Event Staff”) whose decisions are final and binding in all aspects relating to the event. Winner and his/her guest may be removed from event premises at the sole discretion of the Sponsor, Administrator, or Event Staff for any reason at any time, including but not limited to the advice of the Event Staff, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, or for any unhealthy, unlawful, unsafe, or inappropriate act. If winner or guest who in the opinion of the Sponsor, Administrator, or Event Staff is considered a physical or mental threat to the well-being of any person, he/she may be removed from the event premises. Any act performed by winner or guest defined by federal, state or local statute or ordinance as constituting a criminal act may result in removal from event premises. At the sole discretion of the Sponsor, Administrator, and Event Staff, if winner or guest uses profanity, or demonstrates any lewd or sexually suggestive gestures or full or partial nudity, the Sponsor, Administrator and/or Event Staff shall have the right to remove that individual from event premises. At the sole discretion of the Sponsor, Administrator and Event Staff, if winner or guest creates the potential for death, disability, injury and/or property damage during the Event, the Sponsor, Administrator and/or the Event Staff, shall have the right to remove that individual from event premises.
8. INTERNET. If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, the Sponsor reserves the right to cancel, suspend, terminate or modify the Sweepstakes.
9. LICENSE TO ENTRY. By submitting an Entry, you irrevocably grant Sponsor and its designated agents the royalty-free right throughout the world in perpetuity to use, re-use, copy, publish, copyright, republish in whole or in part, edit, add to, modify, and rearrange the Entry in whatever media now known or hereafter developed, for use in the advertising and promotion of Sponsor and Sponsor’s products without further permission, approval, consideration or payment to the you, except where prohibited by law. You agree to sign any document requested by Sponsor to further confirm this license.
10. LIMITATIONS OF LIABILITY AND RELEASES. No liability or responsibility is assumed by Sponsor from entrant’s participation in, or attempt to participate in, the Sweepstakes. Sponsor is not responsible for any typographical errors in the information provided by entrants, or in the announcement of prizes or these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision or any other provision herein. Should any provision of the Official Rules be deemed unenforceable or invalid, the other provisions of the Official Rules shall remain in full force and effect. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor and/or Administrator. All such Entries are subject to verification. By entering or otherwise participating in the Sweepstakes and/or accepting any prize, each entrant hereby fully and unconditionally agrees to be bound by these Official Rules and the decisions of Sponsor and Administrator, or their respective designated agents, which are final and legally binding in all respects, and agrees to waive any right to claim any ambiguity in these Official Rules. The entrant also agrees to assume all risk of loss, damage, destruction, delay or misdirection of materials and mail submitted to or from Sponsor or Administrator, and further agrees that all prizes are awarded upon the condition that Sponsor, Administrator, Facebook, Instagram, and any of their respective parent companies, subsidiaries, officers, directors, partners, principals, partnerships, employees or agents (collectively, the “Released Parties”) shall have no liability whatsoever, and each entrant agrees to release, indemnify and hold harmless the Released Parties for, any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Sweepstakes or participation in any Sweepstakes-related activities and further acknowledges that said Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in connection with the Sweepstakes.
In such event, Sponsor, at its discretion, may select winner from the eligible, non-suspect Entries fulfilling the applicable eligibility requirements prior to the event requiring termination, cancellation or suspension of this Sweepstakes. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors, including in the Official Rules. The Released Parties are not responsible for hardware or software failures of any kind, traffic congestion in any networks, or towers, or any combination thereof, lost network connections, incomplete, garbled or delayed transmissions, whether caused by Sponsor, users, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by technical or human error which may occur and/or which may damage Sponsors’ ability to receive or store Sweepstakes data, or which may damage an entrant’s system in connection with the selected method of Entry, or which may otherwise limit any entrant’s ability to participate and/or redeem the prizes in the Sweepstakes. In the event that any entrant’s Entry attempt is not successfully received by Sponsor, that entrant’s sole remedy shall be to attempt to enter the Sweepstakes once again during the Sweepstakes Period. Sponsor and Administrator reserve the right at its sole discretion, to disqualify any individual who tampers with the Sweepstakes, or the operation of the Sweepstakes, or who enters using any automatic or programmed Entry duplication method, violates these Official Rules, or otherwise engages in fraudulent or offensive conduct with respect to this Sweepstakes.
BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
By accepting the prize, the winner agrees that Sponsor may use any and all such winners’ names, cities and/or states of residence, statements, likeness, voice, photograph and/or biographical information, without limitation, for promotional purposes relating to the Sweepstakes, in any media or format, whether now known or hereafter developed, including but not limited to the internet, worldwide, in perpetuity, without further consideration or payment, where permitted by law. Should winner make any false statement in any document referenced herein, the winner will be required to promptly return to Sponsor the awarded prize(s) received.
11. GOVERNING LAW & JURISDICTION. Except where prohibited, entrants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant, Sponsor, Administrator, and their respective agents shall be governed by and construed exclusively in accordance with the laws of the state of Florida without giving effect to any principles of conflicts of law of any jurisdiction. Entrants agree that any action at law or in equity arising out of or relating to this Sweepstakes, or awarding of the prize, shall be filed only in the state courts with jurisdiction over Miami Dade County, Florida or in federal courts, and the entrants hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
12. NO FACEBOOK/INSTAGRAM ASSOCIATION. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Instagram. You understand that you are providing your information to Sponsor, not to Facebook or Instagram. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor and not to Facebook or Instagram.
13. PRIVACY. Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes solely for the purposes of administering the Sweepstakes and fulfilling the prize, and by entering this Sweepstakes you consent to the collection, use, disclosure and management of your personal information for said purposes.
14. WINNERS LIST/OFFICIAL RULES. For confirmation of the winner’s name (first initial, last name) and city of residence, or a copy of the Official Rules, send an email to email@example.com.
NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Open to legal residents Florida who are 21 or older. Void where prohibited. Starts at 7:00:00 PM ET on 12/25/17 and ends at 11:59:59 PM ET on 01/18/18. To enter follow Dancing Mermaids Rosé on Instagram @dancingmermaidsrose, like the post and tag your guest by 11:59:59 PM ET on 01/18/18. To receive a copy of the Official Rules, send an email with the name of this Sweepstakes, “The Killers Concert” in the subject line and “Official Rules Request” to firstname.lastname@example.org. Sponsor: Dancing Mermaids Rosé.