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WORDS AND MUSIC AT HOME CONTEST

OFFICIAL RULES

 

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  Contest subject to all applicable federal, state and local laws, and void where prohibited or restricted.  Contest in no way sponsored, endorsed or administered by, or associated with Instagram, LLC.

 

  1. Eligibility. The WORDS AND MUSIC AT HOME CONTEST (“Contest”) is open only to legal residents of the forty-eight (48) contiguous United States and the District of Columbia who are physically present in the United States during the Contest Period and who have a publicly-viewable Instagram account for the direction of the Contest Period (each, a “Participant” or “you” and, collectively, “Participants”).  All Participants who are under eighteen (18) years of age or otherwise under the age of majority in their state or province of residence, must, before submitting an Entry, have permission from a parent or legal guardian to participate in the Contest.  As used herein “Participant” shall include the Participant’s parent/legal guardian if Participant is a minor in his/her state or province of residence.

 

Employees, officers and directors of Country Music Hall of Fame® and Museum, Gibson Guitars, Gibson Gives, Gibson Foundation and each of their respective parent companies, subsidiaries, affiliates, licensees, agents, representatives, contractors, and advertising, promotion, marketing and fulfillment agencies, and such employees’, officers’ and directors’ immediate families (parents, children, siblings and spouses, and their respective spouses, regardless of where they reside) and persons living in the same household (whether related or not), are not eligible to participate or win.

 

By submitting an Entry, each Participant represents and warrants that he or she has read these Official Rules (“Official Rules”) and the Participant satisfies all of the eligibility requirements, and accepts and agrees to be bound by, and to fully perform under, these Official Rules and all of the decisions of the Sponsor and the Administrator, which decisions will be final and binding in all matters related to the Contest.

 

By submitting, the parents/legal guardians of the Participants who are minors in their state or province of residence represent and warrant that they have read these Official Rules, that the Participants satisfy all of the eligibility requirements, and that they each accept and agree, and have the right to agree, to be bound by, and to fully perform under, these Official Rules and all of the decisions of the Sponsor, which are final and binding in all respects. 

 

Any Participant who does not follow all of the Sponsor’s and/or the Administrator’s instructions, does not provide the required information, or fails to abide by these Official Rules in any other way may be disqualified and may not be eligible to participate in the Contest or to win a prize.

 

  1. Sponsor: Country Music Hall of Fame® and Museum, 222 Fifth Avenue South, Nashville, Tennessee 37203.  

 

            Administrator: Country Music Hall of Fame® and Museum, 222 Fifth Avenue South, Nashville, Tennessee 37203.

 

Promotional Partners: Gibson Gives and Gibson Foundation, 209 10th Avenue South, Suite 460, Nashville, Tennessee 37203.

 

  1. Entry Period. This Contest will be conducted in two phases.  Phase One of the Contest begins at 2:00 p.m. Central Time on April 16, 2020 and ends at 11:59 p.m. Central Time on May 1, 2020 (“Phase One Contest Period”) and Phase Two of the Contest begins at 2:00 p.m. Central Time on May 1, 2020 and ends at 11:59 p.m. Central Time on June 1, 2020 (“Phase Two Contest Period”).  Phase One Contest Period and Phase Two Contest Period shall be collectively referred to herein as the “Contest Period”.  All Entries must be received during the Contest Period.  The Sponsor’s computer is the official time-keeping device for this Contest.

 

  1. How to Enter.

 

During the Contest Period, Participant must write or perform an original song (the “Song” using the Words and Music At Home utilizing the Country Music Hall of Fame and Museum’s Music Education Resources.  The Song must be in in accordance with the Song Requirements set out below.

 

Additionally, the Song must be unique, meaning it must have been created for the sole purpose of entering this Contest and not have been previously published or posted online or entered into any other contest or competition (whether sponsored by Sponsors or any third party).

 

The Song must comply with the following requirements (the “Song Requirements”):

 

  1. Be created specifically for this contest
  2. Be uploaded to Instagram in any format acceptable to Instagram. A video of the Song being performed or a picture of the lyrics of the Song can be posted. For clarity, the lyrics of the Song can also be posted in the “comment section” to an Instagram post.
  3. Comply with the terms of services and specifications for user submissions and/or video uploads provided on Instagram, available at the following link: https://help.instagram.com/581066165581870
  4. Shall not contain material that violates or infringes another’s rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright or trademark infringement;
  5. Shall not include third parties, including but not limited to minors, celebrities, and friends who have not expressly authorized Participant to display their image, likeness, or voice in any submitted Video or otherwise use such image, likeness, or voice in accordance with these Official Rules
  6. Shall not feature any prerecorded music and/or sound recordings that are not originally created by Participant
  7. Shall comply with all Guidelines and Restrictions provided in Section 5, below

 

To enter the Contest, you must use the Instagram application on your mobile device, tablet or computer, and post the Song on your Instagram feed with the hashtag #WordsandMusicatHome and #Contest and tag @OfficialCMHOF in the “caption” field during the Contest Period (the “Instagram Entry”).  If your Instagram account is not set to “public”, your video will not be visible to Sponsor, and you will not be entered in the Contest. Normal internet access and usage charges imposed by your online carrier apply.  Sponsor is not responsible for any charges related to Instagram posts made or messages received via mobile phone.

 

To complete an entry without using Instagram, send an email with your full name, street address (no P.O. Boxes), telephone number, e-mail address, and email the information to info@countrymusichalloffame.org, (the “Email Entry”). The Instagram Entry and Email Entry are collectively referred to herein as “Entry.”   No other forms of entering the Contest are valid.

Each Song will be an Entry.  There is no limit to the number of Entries a Participant can submit, provided each Entry must be a different Song.  However, Participant can enter the same song during each Phase of the Contest.  Meaning the same Song can be posted to Instagram during Phase One and Phase Two and each count as an Entry, but the same Song cannot be posted twice during Phase One or twice during Phase Two.

Any attempt by any Participant to use multiple or different identities, e-mail address, usernames, devices, or any other tactics will void all of the Participant’s Entries, and the Participant will be disqualified from the Contest.  Any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents (including, but not limited to, contest or sweepstakes entry services) will void all of a Participant’s Entries.  All Entries generated by script, macro or other automated or inappropriate means, or with the intent to subvert the Contest entry process or the fair play of the Contest will be void.

In the event of a dispute as to identity of the person submitting an Entry, the Entry will be deemed to have been submitted by the natural person in whose name the e-mail address or the user account is registered, at the time of the Entry submission.  A potential winner may be required to provide to the Sponsor proof, to the Sponsor’s satisfaction, in its sole discretion, that the potential winner is, and at all relevant times was, the owner of the e-mail address or user account associated with the winning Entry.

 

Submitted Entries become the sole property of the Sponsor and will not be acknowledged or returned.  Proof of entering the Contest will not constitute proof of receipt by the Sponsor.

 

The Sponsor is not responsible or liable for: any 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, unauthorized, unintelligible, or otherwise not in compliance with these Official Rules; lost, interrupted or unavailable network, server, Internet Service Provider, website or other connections; miscommunications; telephone, computer hardware or computer software failures, errors or difficulties; Internet traffic congestion; garbled or jumbled transmissions; undeliverable e-mails resulting from any form of active or passive e-mail filtering; the e-mail account settings; unauthorized human intervention; or any other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes, even if caused by the negligence of the Sponsor or the Administrator.

 

  1. Requirements of Entries: By entering the Contest, each Participant agrees that Participant’s Entry conforms to the guidelines and restrictions set forth below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove any Entry and disqualify a Participant from the Contest if it believes, in its sole discretion, that the Participant’s Entry fails to conform to the Guidelines and Restrictions. Your Entry may not contain, as determined by Sponsor, in its sole discretion, any content that:

 

  • is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
  • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  • is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
  • defames, misrepresents or contains disparaging remarks about other people or companies;
  • contains trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others;
  • contains any personal identification, such as a license plate number, a personal name, an e-mail address, a telephone number and/or a street address, unless you are mailing or emailing your Entry;
  • contains material that is subject to copyright protection and that is owned by others (including, without limitation, musical compositions or recordings, photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media), without permission;
  • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities or other public or private figures, living or dead, without permission;
  • contains look-alikes of celebrities or other public or private figures, living or dead;
  • communicates messages or images inconsistent with the positive images or good will to which we wish to associate; or
  • violates any law, rule or regulation.

 

If an Entry contains any material or elements that are not owned by the Participant or that are subject to the rights of third parties, the Participant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry.

 

By entering, each Participant warrants and represents the following with respect to Participant’s Entry: (a) the Entry will not infringe on any rights of any third parties;  (b) the Entry complies with the applicable terms of service for Instagram; (c) any third parties appearing in the Entry have given Participant appropriate consent to be photographed or recorded and used in connection with this Contest and as otherwise used by Sponsor as set forth herein; and (d) the Entry meets the Contest Guidelines and Restrictions.  Sponsor reserves the right to request that a Participant produce releases from any third parties appearing in an Entry at any time.  Participant’s failure to produce third party releases upon Sponsor’s request may result in disqualification, as determined by Sponsor is its sole and absolute discretion.  Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties.

 

Entries that violate any of the above restrictions, as determined by the Sponsor, in its sole discretion, shall be void.  The Sponsor reserves the right to reject and/or not post for public viewing any Entry that it deems, in its sole discretion, to be inappropriate, for any reason whatsoever.

  1. Selection of Finalist and Grand Prize Winner.  Subject to the terms and conditions set out in these Official Rules, a judging panel, selected by the Sponsor, in its sole discretion, and comprised of employees of the Country Music Hall of Fame® and Museum shall review and score all Entries and select the top three (3) Participants (or fewer, depending on the number of total eligible Entries), who will become the potential Finalists based on the following criteria:

 

  • Creativity (33.33%)
  • Artistic Merit (33.33%)
  • Overall impression and impact (33.34%)

 

Tie Breaker:  In the unlikely event of a tie (i.e., one or more potential Finalists with identical vote totals), a Finalists shall be the Participant whose Song received the higher score based on the overall impression/impact.

 

One Grand Prize Winner will be selected from the three Finalist on or about May 8, 2020 for Phase One of the Contest and on or about June 5, 2020 for Phase Two of the Contest.

 

The potential Grand Prize Winner will be notified by email or direct message on Instagram on or about May 8, 2020 for Phase One of the Contest and on or around June 8, 2020 for Phase Two of the Contest, based on the information provided or available at the time of Entry. Failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case, Sponsors will select an alternate Grand Prize Winner according to the judges’ results. The grand Prize Winner will be selected only upon the Sponsor’s verification of the potential Grand Prize Winners eligibility and upon final approval of Sponsor.  The potential Grand Prize Winner will have seventy-two (72) hours form he time of notification to confirm that the notification has been received and to provide the Sponsor with the potential Grand Prize Winner’s full name, home address, telephone number, and other information as may be necessary, which may include, without limitation, satisfactory proof of age, identity and residency.  To the extent permitted by law, the Sponsor reserves the right to perform a detailed publicity and background check on the potential Grand Prize Winner of any and all records (including, without limitation civil and criminal court records, and police reports), and, based on its results, may disqualify the potential Grand Prize Winner, in the Sponsor’s sole discretion.  A potential Grand Prize Winner who is disqualified for any reason will forfeit the entire prize and he/she will not be entitled to any form of prize, award or compensation.  A potential Grand Prize Winner becomes a “Winner” only when all required forms and/or information are completed, returned to, and received by the Sponsor and Sponsor can confirm potential Winner’s ability to accept the Grand Prize.

 

For the avoidance of doubt, there will be One (1) Grand Prize awarded during Phase One and One (1) Grand Prize awarded during Phase Two of the Contest.

 

If a potential Grand Prize Winner who is a minor in his or her state of residence, both the Participant and the Participant’s parent or legal guardian must sign and return all documents required by Sponsor.

  1. Prize. Subject to the conditions set forth herein, the Sponsor will award one (1) Grand Prize consisting of one (1) Gibson guitar to be provided by Gibson Gives.  The specific guitar will be selected by Gibson Gives and be determined in Gibson Gives’ sole discretion.  For the avoidance of doubt, there will be One (1) Grand Prize awarded during Phase One and One (1) Grand Prize awarded during Phase Two of the Contest. The Grand Prize is non-negotiableArrangements for fulfillment of the Grand Prize will be made by Sponsor.

The value of the Grand Prize will be taxable to the Grand Prize Winner as income. Grand Prize Winner must supply Sponsor with his/her social security number for tax purposes. IRS Form 1099s will be issued in the name of Grand Prize Winner for the actual value of the Grand Prize received. Upon entry into this Contest, Grand Prize Winner (as well as all other Participants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Grand Prize Winner’s responsibility. Sponsor shall have no responsibility or obligation to a Grand Prize Winner or potential Grand Prize Winner who is unable or unavailable to accept or utilize Grand Prize as described herein.  No substitution, transfer or cash equivalent of the Grand Prize or any portion thereof permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded.

If the Grand Prize is won by an eligible Participant who is a minor in his/her state or province of residence will be awarded to the winner’s parent/legal guardian on behalf of the minor, and both the winner and the parent/legal guardian will both be responsible for fulfilling all requirements imposed on the winners under these Official Rules and both the Participant and the Participant’s parent or legal guardian must sign and return all documents required by Sponsor.

  1. Approximate retail value (“ARV”) of the Grand Prize:

 

Grand Prize: $1,200.00.  The ARV of the prize represents the Sponsor’s good faith determination, is final and binding, and cannot be appealed.  The Sponsor makes no representation that the prize can be sold or traded at the stated value.  The winner will not receive any difference between the stated approximate and the actual retail value of the prize.  The winner and his/her guests are responsible for all federal, state and local taxes, and the winner will receive an IRS Form 1099 reflecting the actual cost of the Grand Prize, for the tax year in which the prize is awarded.  Both the winners and the guests will both be responsible for fulfilling all requirements imposed on the winner under these Official Rules.  Unclaimed prizes will not be awarded. 

 

For avoidance of confusion, in no event will there be more than one (1) Grand Prize winner in each Phase of the Contest.  In the event that a winner engages in behavior that, as determined by the Sponsor, in its sole discretion, is obnoxious or threatening, illegal, or intended to annoy, abuse, threaten or harass, the Sponsor reserves the right to terminate the prize, in whole or in part.

No portion of the Grand Prize is redeemable or exchangeable for cash, and all portions of the Grand Prize are subject to availability and to terms and conditions of use.

 

The Sponsor is not responsible if a potential Grand Prize winner, is unable or unavailable to accept or use the prize or a portion of the Grand Prize.  The Grand Prize is non-transferable and may not be sold or bartered.  If any portion of the Grand Prize is returned as undeliverable or is declined, the entire prize will be forfeited.  An unclaimed Grand Prize will not be awarded.  The Sponsor is not responsible for lost or mutilated travel documents or passes, and none will be replaced or accepted.

 

The Grand Prize is subject to availability.  The Sponsor is not responsible for any circumstances that make it impractical or impossible to fulfill all elements of the Grand Prize.

 

The Grand Prize is 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.  Participants acknowledge that the Sponsor has not made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Contest or the prize, in whole or in part.

 

The prize restrictions and conditions stated in these Official Rules are not all-inclusive and the Grand Prize described above may be subject to additional restrictions and/or conditions.  Any prize depiction is for illustrative purposes only.  The Sponsor may cancel or modify this Contest in its discretion and may award a substitute prize of comparable or greater value, including, without limitation, a cash prize equivalent to the ARV of the Grand Prize as stated in these Official Rules.

 

If the Grand Prize is won by an eligible Participant who is a minor in his/her state or province of residence will be awarded to the winner’s parent/legal guardian on behalf of the minor, and both the winner and the parent/legal guardian will both be responsible for fulfilling all requirements imposed on the winners under these Official Rules.

 

  1. Notification of Winners. The Grand Prize will be awarded only upon the Sponsor’s verification of the potential winner’s eligibility and upon final approval by the Sponsor.  The potential winner will be notified by the Sponsor, via an e-mail message and/or direct message via Instagram, if the potential winner does not respond, within seventy-two (72) hours after the selection of the potential Grand Prize Winner, or as soon thereafter as reasonably practical.  The potential winner will have one (1) day from the time of the notification to confirm that the notification has been received and to provide to the Sponsor the potential prize winner’s full name, home address, telephone number, and all other information as may be necessary for the Sponsor’s prize fulfillment, which may include, without limitation, satisfactory proof of age, identity and residency.  To the extent permitted by law, the Sponsor reserves the right to perform a detailed publicity and background check on the potential Grand Prize winner and his/her guest, of any and all records (including, without limitation civil and criminal court records, and police reports), and, based on its results, may disqualify the winner in the Sponsor's sole discretion.  By participating in the Contest, you hereby authorize the Sponsor, to the extent permitted by law, to perform such publicity and background check in the event that you are selected as a potential Grand Prize winner.  A potential Grand Prize winner who is disqualified for any reason will forfeit the entire prize and will not be entitled to any form of prize, award or compensation.

 

After a potential winner responds to the initial notification and he/she is verified and determined to be eligible to accept and participate in the Grand Prize, the Sponsor will send to the potential winner a Winner Notification, an Affidavit of Eligibility, Winner and Guest Liability Releases, and an IRS W-9 Tax Form.  All documents must be completed according to the instructions in the Winner Notification.  An electronic copy of the completed documents must be returned to the Sponsor by e-mail, no later than seventy-two (72) hours from the time of the notification, and the original completed documents must be returned by mail, postmarked no later than three (3) business days from the date on the Winner Notification, and addressed and otherwise sent as indicated in the Winner Notification.

If a potential Grand Prize Winner who is a minor in his or her state of residence, both the Participant and the Participant’s parent or legal guardian must sign and return all documents required by Sponsor.  All notifications will be sent to Participant and Participant’s parent or legal guardian.

If the Winner Notification or any subsequent communications to a potential winner are returned as undeliverable, if a potential winner does not respond to the Sponsor’s notification or subsequent communications within the set time period, if a potential winner is determined to be ineligible, if a potential winner otherwise fails to fully comply with these Official Rules, or if a potential winner declines any portion of the prize, he/she will forfeit the entire Grand Prize, he/she will not be entitled to any form of prize, award or compensation, and an alternative potential Grand Prize winner may be selected, time permitting, in the Sponsor’s sole discretion.  Up to three (3) alternative potential Grand Prize winners may be selected.  Alternative potential winners will be selected from among the remaining eligible Finalists or non-winning Entries received during the Contest Period, and each such winner will be subject to verification.  If all alternative potential winners are disqualified, the Grand Prize will not be awarded.

A potential winner may be confirmed as a “winner” only after all of requested information and completed documents are received by the Sponsor and after the potential winner’s eligibility is verified by the Sponsor.

The Sponsor is not responsible, and will not be liable, for late, lost, misdirected, or unsuccessful efforts to notify a potential Grand Prize winner, or for any change in the potential winner’s e-mail address or telephone number.

 

  1. Publicity Release. Except where prohibited or restricted by law, and even if the Grand Prize winner may be required to sign a separate Publicity Release, acceptance of the Grand Prize constitutes agreement and consent by the winner to the Sponsor’s: (1) use of the winner’s name, likeness, image, voice, username, Instagram handle and appearance as they may be embodied in any pictures, photographs, video recordings, audiotapes, digital images and/or any other audio, visual or audio-visual work made by the Sponsor or on the Sponsor’s behalf at the concert, trip, or during any other event related to the acceptance or use of the Grand Prize; and (2) use of the statements made by the winner regarding the Grand Prize, the Contest, the Sponsor and/or the Administrator, and the related publication of the winner’s full name, city and state of residence, Entry, including the Song, and likeness, image, voice and appearance, all for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of the Sponsor, and in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without any limitation or restriction, and without any obligation, compensation or notice to, or review or approval by, the winner or anyone else, and the winner agrees that the Sponsor has and will at all times have complete ownership of all materials produced by the Sponsor, including the entire copyright therein.

 

Participant (and Participant’s parent/legal guardian if Participant is a minor in his/her state or province of residence) acknowledges and agrees that the use of Participant’s Entry in accordance with the right and license granted in the preceding paragraph may be made without any payment, notification or permission to Participant or to any other party, and Participant (and Participant’s parent/legal guardian if Participant is a minor in your state or province of residence) acknowledges and agrees that neither Participant nor any other party shall not be entitled to share in any revenue that the Sponsor and/or their partners or designees may earn or generate through their use of your Entry.

 

  1. Privacy. By completing an Entry, each Participant agrees to share his or her personal information with the Sponsor.  Personal information collected by the Sponsor will be used for administration of the Contest and of the Grand Prize award.  In addition, by entering, you agree to collection, use and disclosure of your personal information as described in the Sponsor’s privacy policy, available at https://countrymusichalloffame.org/index.php/contentpages/privacy-policy. The Administrator and Sponsor do not control any third parties’, such as Instagram’s, use of Participant’s personal information.  Please visit said third parties’ website to confirm how your personal information will be used. The Sponsor and the Administrator are concerned about the safety of online information of children under the age of 13 and do not knowingly collect personal information from anyone under the age of 13.  If the parent/legal guardian of a child under 13 believes that his or her child provided any personal data in connection with this Contest, the parent/legal guardian should contact the Sponsor or the Administrator and request that the child’s personal information be deleted.  If a Participant is under the page of 13, a condition of submitting an Entry is that the potential Participant’s parent or legal guardian must agree that Administrator and Sponsor have permission to use potential Participant’s personal information solely for the purpose of conducting this Contest and awarding the Grand Prize.

 

  1. Release; Limitation of Liability: You agree, as a condition of participation in this Contest, that the Sponsor, the Administrator, the Promotional Partners, Instagram, and each of their respective parent companies, subsidiaries, affiliates, licensees, agents, representatives, contractors, and advertising, promotion, marketing and fulfillment agencies, and the successors, assigns and licensees of each of them, and their respective officers, directors, agents, employees, shareholders, contractors and representatives (“Released Parties”) will have no liability, and you will hold the Released Parties harmless, for any claim, action, liability, loss, injury or damage, of any kind, to any person (including, without limitation, death) or property, arising out of, or related or otherwise due to, in whole or in part, directly or indirectly, participation or attempt to participate in this Contest, and/or acceptance, possession,  use or misuse of any prize or any portion of the prize, including, without limitation, attending, and travel to, from and in connection with any portion of the Grand Prize.

 

YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES, AND THAT YOU HAVE BEEN GIVEN A FULL AND COMPLETE OPPORTUNITY TO REVIEW AND ANALYZE THE FOREGOING RELEASE BEFORE SUBMITTING YOUR ENTRY, ACCEPTING ANY PRIZE OR CONSENTING TO YOUR MINOR CHILD’S OR WARD’S PARTICIPATION, AND YOU WAIVE ANY AND ALL RIGHTS TO DISPUTE THE SCOPE OF THE RELEASE, INCLUDING, WITHOUT LIMITATION, THAT IT IS A GENERAL RELEASE AND/OR A RELEASE OF UNKNOWN CLAIMS.

 

As a further condition of participating in the Contest, including accepting a prize or a portion of a prize, you agree, on your own behalf and on behalf of your minor Participant that: (1) any and all disputes, claims and causes of action that may relate to or arise out of the Contest or any prize 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), not to exceed Two Hundred Fifty Dollars ($250.00), but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will you or your child or ward be permitted to obtain any award for, and you hereby knowingly and expressly waive, all rights to seek, punitive, incidental, consequential or special damages, lost profits or any other damages other than actual out-of-pocket expenses (if any) not to exceed Two Hundred Fifty Dollars ($250.00), and all rights to have damages multiplied or otherwise increased; and (4) all claims are limited to a claim for money damages (if any) and you irrevocably waive any and all right to seek injunctive or equitable relief.  Some jurisdictions do not allow the limitations or exclusion of liability for incidental or consequential damages, and the above may not apply to you.

 

  1. Suspension; Modification; Termination: The Sponsor and the Administrator, and their respective contractors and/or agents, are not responsible for printing or typographical errors in these Official Rules or in any Contest-related materials. If the Contest is not capable of running as planned due to any reason, including, but not limited to, infection by computer virus, bugs, tampering, fraud, unauthorized intervention, technical failures or any other causes that may corrupt or impair the integrity, fairness or proper play of the Contest, the Sponsor may, in its sole discretion, terminate, suspend, cancel or modify the Contest and may award the Grand Prize from among all eligible, non-suspect Entries received as of the date of termination or modification, as applicable, using the winner selection process outlined in Sections 6 and 7 above, or otherwise in a random drawing.  The Sponsor and the Administrator are not responsible or liable for any events that may cause any errors or failure and/or may cause the Contest to be suspended, modified or terminated, including, but not limited to, any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, the Entries, nor are they responsible for any problems or technical malfunction of any computer, telephone, network, telephone lines, computer online systems, servers, cable, satellite or Internet Service Providers, computer equipment, mobile equipment, software, or for any injury or damage to a Participant’s or any other person’s computer or mobile device relating to or resulting from participation in this Contest or accessing or downloading any materials in this Contest.  The Sponsor and the Administrator are not responsible for any computer, mobile, mechanical, technical, electronic, network or other errors or problems, including any errors or problems that may occur in connection with the administration of the Contest, the processing of the Entries, or in any other Contest-related materials.  The Sponsor reserves the right, at its sole discretion, to disqualify and void the Entry of any Participant who is found or believed to have attempted to tamper with or to impair the administration, security, fairness or proper play of this Contest, or to have otherwise acted in violation of these Official Rules, or in an un-sportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass.  Should more prizes be awarded through a computer, hardware, or software malfunction, error or failure, or for any other reason, than are stated in these Official Rules, the Sponsor reserves the right to award only the number of prizes stated in the Official Rules.  In no event will more prizes be awarded than as described in Section 8.

CAUTION: ANY ACT OR ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE, PLATFORM OR APPLICATION, OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR AND THE ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL(S) TO THE FULLEST EXTENT PERMITTED BY LAW.

 

  1. Governing Law and Jurisdiction. These Official Rules and the Contest are governed by U.S. law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Rules, or the rights and obligations of a Participant and the Sponsor in connection with the Contest, will be governed by, and construed in accordance with, the laws of the State of Tennessee, without regard to any provision of Tennessee law that may require a court to apply the substantive law of any other state.  Any legal proceedings with respect to either the Official Rules and/or the Contest will take place in Davidson County, Tennessee.  The Participants agree that the state and federal courts seated in Davidson County, Tennessee and the related appellate courts will have exclusive personal jurisdiction with respect to any matter of controversy arising from or with respect to this Contest and irrevocably consent to such courts’ jurisdiction and waive any and all claims of forum non conveniens or lack of personal jurisdiction.

 

  1. Winners’ List. For a copy of the winner list, send a stamped, self-addressed envelope, no later than September 1, 2020 to: WORDS AND MUSIC AT HOME CONTEST Winner List, 222 Fifth Avenue South, Nashville, Tennessee 37203.

 

 

 

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