NOW 76 SWEEPSTAKES OFFICIAL RULES
- SPONSOR: NOW Venture Services, DBA Capitol Records, LLC (2220 Colorado Ave., Santa Monica, CA 90404), a division of UMG Recordings, Inc. (“Sponsor”) is solely responsible for all aspects of this sweepstakes (“Sweepstakes").
- ENTRY PERIOD: This is a Sweepstakes to be conducted during the period commencing at 12:00:00 AM Eastern Time (“ET”) on November 9, 2020 and ending at 11:59:59 PM ET on November 15, 2020 (“Entry Period"). The Sponsor’s agent’s computer server will be the time keeping device for the purposes of this Sweepstakes. All entries must be received by 11:59:59 PM ET on November 15, 2020.
- ELIGIBILITY: To be eligible for this Sweepstakes, at the time of entry you must be: [1] a person legally residing in, and physically located within, the 48 contiguous United States, or the District of Columbia (collectively, "Territory"); [2] 13+ years of age or older; [3] a registered user of www.nowthatsmusic.com (“Website”) and its terms of use agreement (''TOU''); [4] not an employee of Sponsor or their respective parent, subsidiary, affiliated or successor companies; the advertising, promotional or fulfillment agencies of any of them (individually and collectively, "Entities”); nor members of their households or immediate families and [5] willing to have your entry featured and published on the Website or otherwise distributed, in connection with, or to promote, the Sweepstakes and for the Website. "Household members" shall mean people who share the same residence at least three months a year. "Immediate family members" shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses.
- HOW TO ENTER: Visit https://www.shop.nowthatsmusic/pages/now76sweeps and follow all onscreen instructions to enter by providing your first name, last name, email address, and zip code and clicking “Submit” (“Entry”). After clicking “Submit”, you are officially entered into the pool of eligible Entries. By entering the Sweepstakes, you are agreeing to the Official Rules (“Rules”) and the TOUs (found at http://www.nowthatsmusic.com). The potential winner may be required to show proof of being the authorized account holder of the account associated with the Entry. By entering this Sweepstakes, you agree that you are solely responsible for all data charges that you may incur. All such charges are billed by and payable to your mobile or internet service provider. Please contact your participating mobile or internet service provider for pricing plans, participation status and details. All entries submitted in accordance with these rules shall be hereinafter referred to as (“Eligible Entries”). All entries become the property of Sponsor and will not be acknowledged or returned. Upon submitting your Entry, you will qualify for the Sweepstakes. At the end of the Sweepstakes period, potential winner will be chosen at random from all eligible Entries.
- LIMITATIONS: Only one (1) Entry per person. Duplicate entries will be disregarded. Multiple entrants are not permitted to use the same email address. All Entries, requests and/or materials submitted become the property of Sponsor and will not be returned or acknowledged.
Entries by any method other than set forth above in Section 4 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Sponsor, nor any of its officers, directors, shareholders, employees, agents, artists or representatives (individually and collectively, "Releasees") are responsible for Entries from persons residing, or physically located, outside the Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these rules; or any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone. computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant's email account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Releasees.
Any entrant who attempts to enter with multiple email addresses or under multiple identities will be disqualified. Sponsor is not obligated to communicate with any entrant during the duration of the Sweepstakes. Please review these rules and the Website TOU carefully; however, in the event of a conflict between these rules and the TOU, these Rules will control.
- PRIZE: One (1) prize (“Prize”) will be awarded. One (1) Prize winner will receive one (1) NOW 76 gift package consisting of one hundred (100) dollars in NOW 76 merchandise of winner’s choice. Approximate retail value (“ARV”) of Prize: $100.00. If the actual value of the Prizes is less than the stated ARV, the difference will not be awarded. Any depiction of Prize is for illustrative purposes only. Prize is not redeemable for cash or transferable, except to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor's sole discretion, a prize of equal or greater value may be substituted. Sponsor will not replace any lost or stolen Prize. Prize cannot be used in conjunction with any other promotion or offer. Prize elements may not be separated. Only the number of Prizes stated in the rules are available to be won. All taxes (if any) are solely the responsibility of winner, who may receive an IRS Form 1099 reflecting the value of a Prize. If the actual value of any Prize is less than the stated ARV, the difference will not be awarded. Allow 6-8 weeks for merchandise Prize delivery.
- WINNER SELECTION: Winner will be selected in a random drawing of all eligible Entries received within one (1) business day from the Entry Period’s deadline date. The random drawing will be conducted by the Sponsor or its agent of choice whose decisions are final and binding.
- WINNER: Potential winner will be notified via the information provided on entry form. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner’s failure to respond to notification within two (2) days after its mailing/transmission; [2] the return of an email notification or message as undeliverable after three (3) attempts; (3) the receipt of any other notice or a prize as undeliverable; [4] potential winner’s failure to provide Sponsor with satisfactory proof that he/she is the authorized account holder of the email address associated with the winning Entry; [5] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [6] potential Prize winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its mailing ; [7] potential winner’s failure to claim a Prize within three (3) days after it is sent; [8] potential winner’s failure to validly claim any prize before December 1, 2020, and [9] any other non-compliance with Rules. In the event of prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited Prize to an alternate winner.
- PRIVACY POLICY/DATA COLLECTION: Information provided by you for this Sweepstakes is subject to Sponsor's privacy policy located at http://privacypolicy.umusic.com/ ("Privacy Policy").
- CONDITIONS: By entering this Sweepstakes, as an entrant, you agree, represent and warrant that: [1] you will be bound by the Rules, website TOU and Sponsor's decisions, which shall be final in all respects; [2] the Entry becomes solely the Sponsor's property and will not be acknowledged or returned; [3] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury resulting in whole or in part, directly or indirectly, from the Entry, selection or use of a submission or from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any Prize; participation in this Sweepstakes or in any Sweepstakes-related activity or from any interaction with, or downloading of, computer Sweepstakes information; [4] the prizes are awarded "AS IS” and WITHOUT WARRANTY OF ANY KIND express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [5] winner's acceptance of a Prize constitutes the grant to Sponsor and assigns of an unconditional right to use winners’ name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming. publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [6] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable; [7] the Releasees are not responsible for typographical or other errors in the offer or administration of the Sweepstakes, including but not limited to: errors in the advertising, rules, selection and announcement of the winners and distribution of the prizes; [8] any portion of any prize not accepted or used by any winner will be forfeited; [9] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [10) the Sponsor has the right, in its sole discretion, to disqualify any individual it suspects: to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes; (b) violating the rules, TOU or the Privacy Policy; (c) violating any other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Sponsor; (11) since any attempt by any individual to deliberately damage the Website or undermine the legitimate operation of the Sweepstakes or the Website is a violation of these rules as well as criminal and civil laws; and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [12] all disputes, claims and causes of action at law or in equity (individually, "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the rules or any prize awarded shall be resolved by applying the laws of California, without regard to conflict of law’s provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [13] all Claims shall be resolved individually, without resort to any form of class action; [14] all Claims, judgments and awards shall be limited to actual out-at-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, special, consequential damages and any other damages, other than for actual out-a-pocket expenses and waives all rights to have damages multiplied or otherwise increased and [15] Sponsor has the right to modify prize award procedures at its sole discretion.
- 11. RULES & WINNER LIST: For name of winner (after 12/1/20) and/or Rules (before 11/15/20), send a self-addressed, stamped #10 envelope to: NOW 76 Sweepstakes c/o NOW Venture Services, DBA Capitol Records, LLC, 2220 Colorado Ave., Santa Monica, CA 90404 designating either ''winners list '' or "rules". Vermont residents may omit return postage.