DIGITOUR MEDIA, LLC
SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE ENTRANTS’ CHANCE OF WINNING. VOID WHERE PROHIBITED.
PROMOTION DESCRIPTION: These official rules (the “Official Rules”) govern the series of independent sweepstakes that are offered by “Sponsor” (as defined below) through Sponsor’s personal Twitter.com account (i.e., “@DigiTour”) (“Sponsor’s Twitter Account”) along with the hashtags #DigiSweepstakes (the “Digi Hashtag”) and another hashtag which shall be comprised of the word “digi” and an abbreviation identifying a city where a live music performance is being hosted, controlled or promoted by Sponsor or under the Sponsor brand (for example, #DigiNYC for New York City, #DigiChi for Chicago, #DigiCle for Cleveland) (the “City Hashtag” and together with the Digi Hashtag, the “Hashtags”) (the “Sweepstakes”). Each independent Sweepstakes begins when Sponsor posts the first Tweet on Sponsor’s Twitter Account with the Digi Hastag and each applicable City Hashtag (the “First Sponsor Tweet”) and ends within a certain time period following the First Sponsor Tweet, as specified by Sponsor (e.g., if the First Sponsor Tweet is posted by Sponsor at 4:00 p.m. Pacific Standard Time (“PST”), and Sponsor designates the Sweepstakes to last for one (1) hour, then such applicable independent Sweepstakes will end at 5:00 p.m. PST) (each, a “Promotion Period”). At the end of the Promotion Period of each independent Sweepstakes, a random drawing will be conducted to select up to one (1) “Grand Prize” (as defined below) winner from among all eligible entries received during the Promotion Period, as more fully set forth below. The Sweepstakes consists of a series of independent Sweepstakes. Entry in one (1) of the Sweepstakes will not be carried over to, or included in, any other precedent or subsequent Sweepstakes, and will not constitute entry into any other promotion, contest or sweepstakes (including, but not limited to, any and all promotions on Sponsor’s Twitter Account that do not include both of the Hashtags). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of DigiTour Media, LLC, 1927 Pontius Ave., Los Angeles, CA 90025, United States of America (“Sponsor”), which shall be final and binding in all respects. No Sweepstakes is in any way sponsored, endorsed or administered by, or conducted in association with, Twitter Inc. (“Twitter”).
Eligibility: Only legal residents who are thirteen (13) years of age or older at the time of entry are eligible to enter. Directors, officers and employees of Sponsor, its parents, affiliates, subsidiaries, divisions, distributors, agents, professional advisors, printers and advertising, promotional and marketing agencies (all such individuals and entities collectively referred to herein as the “Promotion Entities”) and the immediate family members of each and persons living in the same household of each (whether related or not) are not eligible to enter the Sweepstakes or win a Grand Prize.
How to Enter: During the Promotion Period, each entrant shall post a Tweet from such entrant’s personal Twitter.com account along with both of the Hashtags (the Digi Hashtag together with the applicable City Hashtag) and any other content required by the instructions in the First Sponsor Tweet for that particular Sweepstakes (including, if applicable, a photograph) (each such Tweet, a “Submission”). Entrant’s Submission must include both of the Hashtags in order to be eligible. Use of the Hashtags constitutes each entrant’s unconditional consent to these Official Rules. Only one (1) Submission per entrant will be counted as an eligible Submission (multiple Tweets per entrant are allowed, but only one (1) Tweet shall be considered as a Submission). Sponsor is the official timekeeper for the Sweepstakes. Sponsor’s Twitter Account feed is the official determination of the time at which each entry was submitted. Proof of sending entrant’s Submission is not considered proof of delivery to or receipt by Sponsor of the Submission. Each entrant’s Twitter account must be set for public viewing in order for such entrant’s Submission to be eligible. All entries must be received before the end of the applicable Promotion Period in order to participate. Entry must be made by the entrant. Entries made by any other individual or any entity, including, but not limited to, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified from the Sweepstakes. Tampering with the entry process or the operation of the Sweepstakes, including, but not limited to, the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. Sponsor reserves the right in its sole discretion to disqualify any entrant who is acting in violation of these Official Rules, or to be acting in a disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event a dispute regarding the identity of the entrant who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, loss, or unauthorized access to, or alteration of, entries. Any Submission that is considered by Sponsor in its sole and absolute discretion to be obscene, pornographic or libelous, to constitute hate speech or that is otherwise objectionable, in whole or in part, will be disqualified and will not be eligible for entry. Any communication or information transmitted to Sponsor by Twitter or otherwise is and will be treated as non-confidential and nonproprietary.
MOBILE ENTRY: If you opt to receive Sponsor’s Tweets via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging and/or data rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging and data rate plans and charges relating to your participation in any independent Sweepstakes. Cell phone service may not be available in all areas. Check your phone’s capabilities for specific instructions.
PRIZES/ODDS: One (1) Grand Prize is available for each independent Sweepstakes. The Grand Prize shall consist of one (1) pair of VIP or general access (as indicated in the First Sponsor Tweet) tickets for a live music performance hosted, controlled or promoted by Sponsor or under the Sponsor brand in the city indicated by the City Hashtag for the applicable Sweepstakes (the “Grand Prize”). The approximate total retail value of the Grand Prize ranges from $25.00 – $300.00. Many entrants will enter each Sweepstakes, but only one (1) entrant will win. The odds of winning depend upon the number of eligible entries received. Sponsor cannot accurately predict the number of entrants who will participate in any Sweepstakes. Travel to the applicable city where the Grand Prize live music performance is to take place is not included in the Grand Prize; each winner and/or his or her guest is/are solely responsible for obtaining transportations to and accommodations in the applicable city, as necessary.
DATES AND DEADLINES: Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any dates or deadlines set forth in these Official Rules or otherwise governing the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: On or around one (1) hourafter the conclusion of each Promotion Period, one (1) Grand Prize winner will be randomly selected in a drawing from all eligible entries received for the applicable independent Sweepstakes throughout the Promotion Period. The drawing will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. Each potential Grand Prize winner will be notified via direct message to the potential Grand Prize winner’s Twitter account held at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential Grand Prize winner for any reason. If, despite reasonable efforts, a potential Grand Prize winner does not respond within twenty-four (24) hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential Grand Prize winner, the potential Grand Prize winner will forfeit the applicable prize and an alternate Grand Prize winner may be randomly selected. If any potential Grand Prize winner is found to be ineligible, or if such potential Grand Prize winner has not complied with these Official Rules or declines the applicable Grand Prize for any reason prior to receipt, such potential Grand Prize winner will be disqualified and an alternate Grand Prize winner may be randomly selected from among the remaining eligible entries received for the applicable Sweepstakes. Sponsor may successively attempt to contact up to two (2) potential Grand Prize winners in accordance with such procedure, and if there is still no confirmed Grand Prize winner after such attempts have been made, if any, the applicable Grand Prize for the applicable independent Sweepstakes may go unawarded.
GENERAL PRIZE CONDITIONS: No cash alternative or substitution of any Grand Prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute a Grand Prize with a prize of comparable value if the Grand Prize listed is unavailable, in whole or in part, for any reason. No more than the advertised number of prizes will be awarded. All portions of the prize(s) are non-assignable and non-transferable. All details and other restrictions of the Grand Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. The Grand Prize winner shall be responsible and liable for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with receipt, acceptance or use of the applicable Grand Prize, including, without limitation, any transportation to or accommodations in the city where the Grand Prize live music performance is to take place. Sponsor is not responsible for and will not pay any such taxes, fees or costs. Each potential Grand Prize winner may be required to execute an Affidavit or Declaration of Eligibility, a Liability Release and (where imposing such condition is legal) a Publicity Release releasing Sponsor, Twitter and each of their respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents from and against any and all claims, liabilities, contracts, agreements, causes of action, costs, expenses and obligations of every kind and nature whatsoever in and in connection with any Grand Prize an entrant may win (collectively, “Prize Claim Documents”). In the event a potential Grand Prize winner is under the age of majority in the Grand Prize winner’s state of residence (a “Minor”), both of such Minor Grand Prize winner’s parents or legal guardian will be required to execute the Prize Claim Documents. If a potential Grand Prize winner (and the winner’s parents or legal guardian, if applicable) fails or refuses to sign and return all Prize Claim Documents within three (3) days of prize notification, such Grand Prize winner may be disqualified and an alternate Grand Prize winner may be selected from among the remaining eligible entries received for the applicable Sweepstakes. The prize restrictions/conditions stated herein are not all-inclusive and the Grand Prize described above may be subject to additional restrictions/conditions, which may be stated in the Prize Claim Documents. In the event any Grand Prize winner or such Grand Prize winner’s guest attending a Grand Prize live music performance engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the Grand Prize or other applicable experience early, in whole or in part, with no further compensation. By entering the Sweepstakes, all entrants understand and agree that all Submissions may be posted on the Internet (and any other media as designated by the Sponsor in its sole discretion) for public view and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
General Conditions: Each independent Sweepstakes is void where prohibited, taxed or otherwise restricted by law and is subject to all applicable federal, state and local laws and regulations. Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with each independent Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GRANT OF RIGHTS: By providing a Submission in connection with the Sweepstakes, each entrant into the Sweepstakes hereby grants to Sponsor an irrevocable, perpetual, non-exclusive, transferable, free, worldwide license and right to reproduce, modify, publicly perform, publically display, distribute and otherwise use such Submission in all forms of media now known or hereafter developed for any lawful purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Sweepstakes, without further consideration, notification or permission of such entrant or any third party. Each entrant who enters the Sweepstakes represents and warrants that (a) the Submission does not contain any harmful computer code and is not otherwise corrupted; (b) as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (c) the Submission does not and will not violate or infringe other people’s intellectual property (including, without limitation, copyright and trademark), privacy, publicity or other legal rights; (d) the Submission is not abusive, harassing, harmful to reputation, disparaging of Sponsor or its products, services or events, pornographic, immoral, offensive, sexually explicit, indecent, profane, obscene, hateful, racist, unnecessarily violent, derogatory of any ethnic, racial, gender, religious, professional or age group, encouraging of alcohol, illegal drugs, tobacco or firearms/weapons (or the use of any of the foregoing) or any activity that may appear unsafe or dangerousor otherwise objectionable and does not contain trademarks, logos or trade dress owned by others, without permission, any personal identification, such as full personal names, e-mail addresses or street addresses, copyrighted materials owned by others (including photographs, sculptures, paintings or other works of art or images published on or in websites, television, movies or other media) or anything not in keeping with Sponsor’s image, and (e) if an entrant is a Minor, both of Minor’s parents or legal guardian hereby acknowledge that they have read, are familiar with and consent to all of the terms, covenants and conditions contained in these Official Rules, and will not revoke said consent during the minority of the Minor. Each entrant hereby agrees to indemnify and defend the Promotion Entities, Twitter Inc. and each of their respective parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations and warranties of such entrant hereunder.
GENERAL LIABILITY RELEASE: Entry in the Sweepstakes constitutes each entrant’s permission for the Promotion Entities to use such entrant’s name, Twitter handle, profile picture, video, photograph, image, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant (and any Minor’s parents or legal guardian, if applicable) agree that the Promotion Entities and Twitter: (A) shall not be responsible or liable for, and are hereby voluntarily and knowingly released, discharged and relinquished from, any and all claims (whether known or unknown), actions and lawsuits due in whole or in part, directly or indirectly, to such entrant’s participation in or preparation for the applicable independent Sweepstakes or any Sweepstakes-related activity (including, without limitation, travel to or from any place or location), whether such claim or action arises out of the negligence of any of the Promotion Entities and Twitter or otherwise, or from such entrant’s acceptance, receipt, possession and/or use or misuse of any Grand Prize (including, without limitation, costs, injury, losses or damages of any kind) and each entrant hereby freely and knowingly assumes all such risks, whether known or unknown, and regardless of whether they are detailed in this Agreement, including, but not limited to, risks of physical injury (including death) caused by physical activities and other physical interaction with objects, people and equipment failure or defect; and (B) has not made any warranty, representation or guarantee, whether express or implied, in fact or in law, with respect to any Grand Prize, including, without limitation, to such Grand Prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right to modify, extend, suspend or terminate the applicable independent Sweepstakes if it determines, in its sole discretion, that the applicable independent Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the applicable independent Sweepstakes as contemplated herein.
FORCE MAJEURE: In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding the Grand Prize for any Sweepstakes or continuing with the applicable independent Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state or local government law, order or regulation, public health crisis, order of any court or jurisdiction or any other cause not reasonably within Sponsor’s control (each a “Force Majeure Event”), then Sponsor shall have the right to modify, suspend, extend or terminate the applicable independent Sweepstakes. If the applicable independent Sweepstakes is terminated before the end of the applicable Promotion Period, Sponsor may select the Grand Prize winner in a random drawing from all eligible, non-suspect entries received as of the date of the Force Majeure Event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. Sponsor, in its sole discretion, reserves the right to suspend, cancel or modify any Sweepstakes without notice or liability if the integrity of the Sweepstakes is compromised in any manner as determined by Sponsor, or if the Sweepstakes is not capable of being conducted as intended by Sponsor.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between such entrant and the Promotion Entities is not a confidential, fiduciary or other special relationship, and that such entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Sweepstakes does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant acknowledges that, with respect to any claim by such entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in any of the Sweepstakes, each entrant agrees that (1) any claim, dispute or controversy (whether in contract, tort or otherwise) such entrant may have against the Promotion Entities arising out of, relating to or connected in any way with the Sweepstakes, the awarding or redemption of any prize and/or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Los Angeles County; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the entrant’s and/or the applicable Promotion Entities’ individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against the entrant or any Promotion Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Promotion Entity exceed $125 USD, and the entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither any entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration, each entrant waives any right to a jury trial.
These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER LIST: To receive any legally required copy of the name of Grand Prize winner of any independent Sweepstakes, please send an e-mail to firstname.lastname@example.org or send a self-addressed stamped envelope to DigiTour Sweepstakes Winner Name Request, 1927 Pontius Ave., Los Angeles, CA 90025. Vermont residents may omit postage. All such requests must be received within six (6) weeks after the end of the Promotion Period.