Topsify The Replacements Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID IN PUERTO RICO AND WHERE PROHIBITED BY LAW OR REGULATIONS.
1.Sweepstakes Period. “Topsify The Replacements Sweepstakes” (the “Sweepstakes”) begins 10:00 AM Eastern Time (“E.T.”) on Tuesday, August 21, 2019 (the time and date previously set forth is referred to herein as the “Start Date”)and ends 11:59 PM E.T. on Friday, September 27, 2019 (the time and date previously set forth is referred to herein as the “End Date”) (the period between the Start Date and End Date sometimes referred to herein as the “Sweepstakes Period”). Sponsor’s computer will be the official clock of the Sweepstakes.
2.Eligibility. The Sweepstakes is offered only in the United States to legal residents of the fifty (50) United States and the District of Columbia, excluding Puerto Rico, who at the time of entry: (a) are at least eighteen (18) years old; (b) have online access; and (c) have a valid email address. Misrepresentation of age, upon discovery by Sponsor, will disqualify the applicable entrant. VOID WHERE PROHIBITED BY LAW (certain jurisdictions may impose additional eligibility restrictions). Sponsor (as defined below), the artists professionally known as “The Replacements” (referred to herein as “Artists”), each of their respective parents, subsidiary and affiliated entities, advertising and promotional agencies, web masters and web suppliers, and their respective officers, directors, agents, employees, representatives, and shareholders, as well as the immediate family (spouse, parents, siblings and children) and household members (whether or not related) of each of Sponsor and Artists, and of any officers, directors, agents, employees, representatives or shareholders of each of Sponsor and Artists (collectively, “Affiliates”), are not eligible to enter or win. Entrants must fulfill all requirements set forth in these Official Rules and abide by all decisions of the Sponsor in order to be eligible for a prize.
3.Entry. During the Sweepstakes Period, visit the Sweepstakes registration page available at https://fpt.fm/app/21487/enter-for-your-chance-to-win-the-replacements (“Registration Page”) and either (a) follow Artists and pre-save their album ‘Dead Man's Pop’ on Spotify; or (b) use the alternative entry method by clicking on the “You can enter here instead” link (each, “Entry”). NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Entries are limited to one per Spotify account or email address. Entries must be completed and received by the specified cut-off time on the End Date. Entries completed or received after the End Date or otherwise outside the Sweepstakes Period are void. The Sweepstakes may only be entered from and in eligible jurisdictions. For purposes of this Sweepstakes, an Entry is “received” when the Registration Page’s servers record the Entry information. Proof of sending (such as, without limitation, a printed, saved or copied automated receipt confirming entry, a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry. Any attempt at entry except as above stated is void. All Entries become the exclusive property of the Sponsor and will not be acknowledged or returned. Sponsor, Artists and their respective Affiliates assume no responsibility for lost, late or misdirected Entries, or for human error, or malfunctions of electronic equipment, computer hardware or software or any other technical problems related to Entries submitted through the Registration Page.
Registration for and use of the Spotify platform is subject to the terms and conditions of such platform and Sponsor has no responsibility with respect to such registration or use of Spotify. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Spotify.
By entering this Sweepstakes, entrant acknowledges that Spotify is a website/platform over which Sponsor has no control and Sponsor is not responsible for (a) any issues or loss that may be caused by accessing or using entrant’s Spotify accounts for the purpose of this Sweepstakes, or (b) entrant’s inability to access, use, or successfully use his or her Spotify account for this Sweepstakes.
4.Prizes. One (1) winner will each receive one (1) Dead Man’s Pop 4CD/1LP – $80 and one (1) Limited Edition Baseball Jacket – $40 (Total Retail Cost: $120). Winner will not receive the difference between the actual and approximate retail value of the prize. Any and all taxes on the prize, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of the prize recipient(s). The prize is not transferable or assignable, and is not redeemable for cash. No prize substitutions or transfers allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value, including cash, in Sponsor’s sole discretion, if the prize should become unavailable for any reason. In the unlikely event that any portion of the prize is cancelled or undeliverable for any reason the winner agrees that Sponsor has no further obligations to the winner other than delivery of the remainder of the prize, if any. Sponsor reserves the right to not award the prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified Entries. Lost or stolen prizes will not be replaced. Sponsor is responsible only for prize delivery and is not responsible for prize utility to winners. Sponsor reserves the right to not award the prize to, or to revoke full or partial prize from, any winner that may bring Sponsor into disrepute. ALL PRIZES ARE AWARDED “AS-IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SPONSOR, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5.Winner Selection and Notification. One (1) winner will be selected by random drawing on or about Monday, September 30, 2019 from among all eligible Entries received. Odds of winning will depend on the total number of eligible Entries received during the Sweepstakes Period. The drawing will be conducted by Sponsor, the judge of the Sweepstakes, whose decisions on all matters related to these Official Rules shall be final and binding. The potential winner shall be notified by telephone, mail and/or email on or about Monday, September 30, 2019. NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH BELOW). If you are chosen as a winner and your contact details have changed since your entry, Sponsor reserves the right to disqualify your entry and select an alternative winner. Each potential winner will have forty-eight (48) hours from the moment such notification is issued to respond to such notification by following the instructions provided therein, or the prize will be forfeited. If a potential winner timely responds to such notification, the potential winner may be required to sign, notarize and return to Sponsor, within forty-eight (48) hours of the date notice is sent, an Affidavit of Eligibility/Liability and Publicity Release in the form or forms provided by Sponsor (where and to the extent legally permissible) in order to claim the prize. Return of any prize notification as undeliverable will result in disqualification, forfeiture of the prize, and selection of an alternate winner. If a potential winner does not reply to the notification within forty-eight (48) hours of its issuance, fails to (if required) sign, notarize and return an Affidavit of Eligibility/Liability and Publicity Release within forty-eight (48) hours of the date of notification, is ineligible, or cannot or does not comply with the Official Rules, he/she will be disqualified, the prize will be forfeited and an alternate winner may be selected, at Sponsor’s discretion, in a second chance drawing of all eligible Entries received during the Sweepstakes Period. Sponsor shall have no liability to previously selected potential winners who have not timely responded. If not disqualified, the potential prize winner must continue to comply with all terms and conditions of these Official Rules, and winning and awarding of the prize is contingent upon fulfilling all requirements. Except where prohibited by law, in addition to any other grants that may be granted in any other agreement entered into between Sponsor and any winner, by accepting a prize, the winner agrees to grant to Sponsor, and the Releasees, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual’s name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising, promotional and other purposes without further approval or consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual (or, if a minor, such individual’s parent or legal guardian) will provide written consent to the foregoing uses.
7.Release. BY ENTERING, ENTRANT AGREES TO (I) RELEASE AND HOLD SPONSOR, ARTISTS AND THEIR RESPECTIVE AFFILIATES (COLLECTIVELY, THE “RELEASEES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES); (“LOSSES”) OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE REGISTRATION PAGE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (II) INDEMNIFY AND HOLD HARMLESS RELEASEES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY SWEEPSTAKES ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
8.Limitations of Liability. The Releasees make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. The Releasees are not responsible for any lost, late, illegible, misdirected, mutilated, incomplete, incorrect or inaccurate Entries or Entry information, whether caused by the users of any website related to the Sweepstakes, by tampering or “hacking,” or by any of the equipment, computer hardware or software or any other technical operation or programming associated with or utilized in the Sweepstakes, and the Releasees assume no responsibility for any error, omission, interruption, deletion, defect, or delay in operation or transmission to any website related to the Sweepstakes or the Registration Page, or for communications line failure, or for theft or destruction, tampering, or unauthorized access to Entries and/or Entry information. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, tampering, technical failures, or any other causes beyond the control of Sponsor which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to void suspect Entries and/or to cancel, terminate, modify or suspend the Sweepstakes and select the winner from among all eligible Entries received prior to such cancellation, termination or suspension. Additionally, the Releasees are not responsible for any cancellation or postponement of any aspect of any prize. Although Sponsor attempts to ensure the integrity of the Sweepstakes, entrants acknowledge that Sponsor is not responsible for the actions of entrants or other participants in connection with the Sweepstakes, including entrants’ or others’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE REGISTRATION PAGE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM SAID SITE, SPONSOR’S OR ANY THIRD PARTY'S REMOVAL FROM SAID SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, OR ANY HARM RESULTING THEREFROM INCLUDING ANY INJURY OR DAMAGE TO ENTRANTS’ OR TO ANY OTHER PERSON’S COMPUTER, OTHER EQUIPMENT, OR PERSON IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH SAID SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.Disputes/Choice of Law. Except where prohibited, entrants agree that: (i) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action, and (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorney’s fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Releasees 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 regard for conflicts of law doctrine and all proceedings shall take place in that State. Entrants irrevocably agree to personal jurisdiction by the federal and state courts located in the County of New York in the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. ENTRANTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO HIS/HER ENTRIES OR OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
11.Sponsor. The Sweepstakes is sponsored by Topsify (“Sponsor”), 1633 Broadway, New York, NY 10019.
12.Winners’ Names/Official Rules. For the name(s) of the winner(s) and/or copies of these Official Rules, send a self-addressed, stamped envelope to: Winner List, “Topsify The Replacements Sweepstakes”, c/o Topsify, 1633 Broadway, New York, NY 10019. All such requests must be received within four (4) weeks after the End Date.
13.Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Sweepstakes or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Registration Page or the Sweepstakes.
14.Interpretation. In the event of any conflict between any information provided on the Registration Page regarding the Sweepstakes (such as a “F.A.Q.”), on the one hand, and these Official Rules, on the other, these Official Rules shall govern.
15.Headings. 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.
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