Broadcast Text-2-Win Sweepstakes with Automatic
Mobile Alert Opt-In
English Beat text to win contest
Official Rules
This Sweepstakes is open to legal residents of the 50
United States or D.C., 13 of age or older as of date of
entry. Void in Puerto Rico, all U.S. territories and possessions, overseas
military installations and everywhere else outside the U.S. and where
prohibited, or otherwise restricted by law. Subject to all federal, state and
local laws.
The Badfish text to win (ÒSweepstakesÓ) begins 2/21/2010 t START TIME (12pm CST) and ends on (2/24/2010) at (5pm CST),
(ÒPromotion PeriodÓ). Dates and times may change subject to broadcast schedule.
See your local T.V. listings for information. The sponsor of this Sweepstakes is House of Blues), 329 N. Dearborn, Chicago, IL 60654 (the ÒSponsorÓ). The Sweepstakes shall be subject to
these Official Rules, and by entering, all participants agree to be bound by
the terms and conditions herein.
Send a text message to 96034 with the
keyword, BEAT (e-card), ENGLISH (mobile),
SKA (print) in the body of the message. In addition to being
entered in to the Sweepstakes, those who send the keyword BEAT (e-card),
ENGLISH (mobile), SKA (print) to 96034 using the text-messaging feature on their mobile phone will
be automatically signed up to receive alerts and updates on behalf of Vibes
(ÒMessaging ServiceÓ). Entrants will be given the opportunity to Òopt outÓ (or
unsubscribe) from the Messaging Service each time they receive a text message
by sending STOP to short code 96034. Cancellation by this method will NOT
eliminate an otherwise valid entry into the Sweepstakes.
B. VIA ONLINE WITHOUT TEXT MESSAGING:
Entry is available
online for free without sending a text message during the Promotion
Period. During the Promotion
Period, log onto http://www.vibescm/amoe, enter your name, telephone or mobile
number.
Online entrants may subscribe to the Messaging Service by checking the
box and entering their cellular telephone numbers online in the Online Entry
form at http://www.vibescm/amoe. Subscription to the
Messaging Service is not required when entering the sweepstakes online. By
submitting your Mobile Telephone Number (ÒMTNÓ), all entrants grant permission
to be contacted by House of Blues via
text message regarding information and offers (Òopt-inÓ). Entrants will be given the opportunity
to Òopt outÓ (or unsubscribe) from the Messaging Service each time they receive
a text message by sending STOP to
short code 96034.
Limit 1 entries per person during
the Promotion Period regardless of method of entry. All
eligible entries must be received no later than 2/24/2010) at 5:00pm CST.
All entries become the sole property of Sponsor, House of Blues and Vibes
Media, LLC (collectively "Sweepstakes Entities") and will not be acknowledged or returned. Incomplete entries are
void. Any individual who attempts or otherwise encourages, directly or
indirectly, the entry of multiple or false contact information under multiple
identities, by cellular phone, or uses any robotic, automatic, mechanical or
programmed device or artifice to enter or encourage, directly or
indirectly, multiple or false entries, as determined by the Sweepstakes
Entities, will be disqualified. If you send your entry via text message,
the prize will be awarded to the name corresponding to the Mobile Telephone
Number (MTN) indicated on your entry. If you send your entry online, prize will
be awarded to the name on the online entry form. In the event of a
dispute as to the identity of an entrant, entry will be declared made by the
authorized account holder submitted at the time of entry.
"Authorized account holder" is defined as the natural person who is
assigned to a mobile telephone number/email address by a telephone company,
wireless service provider, Internet access provider, Internet service provider
or other organization (e.g. business, educational, institution, etc.) that is
responsible for assigning email addresses, telephone numbers or wireless phone
numbers for the telephone exchange associated with the submitted telephone
number/email address or the domain associated with the submitted telephone, as
applicable. In the event of a dispute as to the identity of an entrant, the
potential winner may need to present a bill to confirm his/her status as the
authorized account holder of the account used to submit the winning entry.
Sweepstakes Entities and their respective parents, subsidiaries and
affiliates are not responsible for late, lost, delayed, unclear,
unintelligible, incomplete, misdirected, stolen, ineligible or damaged entries
which will be disqualified or for technical, hardware, software or telephone
malfunctions of any kind, lost or unavailable network connections, or failed,
incorrect, incomplete, inaccurate, garbled or delayed electronic communications
caused by the sender, or by any of the equipment or programming associated with
or utilized in the Sweepstakes which may limit the ability to play or
participate, or by any human error that may occur in the processing of the
entries in the Sweepstakes. If for any reason, (including infection by computer
virus, bugs, worms, tampering, unauthorized intervention, fraud, technical
failures, or any other cause beyond reasonable control of Sweepstakes Entities
and their respective parents, subsidiaries and affiliates, that corrupts or
affects the administration, security, fairness, integrity, or proper conduct of
the Sweepstakes), and the Sweepstakes is not capable of being conducted as
described in these Official Rules, Sweepstakes Entities shall have the right,
at their sole discretion, to cancel, terminate, modify or suspend this
Sweepstakes, and to select the prize winners in a random drawing from eligible
entries received prior to action taken, or as otherwise deemed fair and
appropriate by Sweepstakes Entities. Sponsor shall have no further obligation
to any participant in connection with the Sweepstakes. Sweepstakes Entities
reserve the right to prosecute any fraudulent entries to the fullest extent of
the law.
2. Random
Drawing/Notification: A random drawing will be
conducted on or about 2/24/2010 5pm CST from all eligible entries
received for the Sweepstakes. Prize drawing will be conducted by Vibes
Media, LLC OR WHOEVER WILL
CONDUCT DRAWING (ÒAdministratorÓ), whose decisions shall be final and
binding, as the administrator of the Sweepstakes. The winners will be notified
by telephone, email or text message, depending on the method of entry. Winners
must respond to such notification within 3 days after the notification
is sent or an alternate winner may be selected from the remaining eligible
entries. Upon prize forfeiture, no compensation will be given. The prize winners may be required to
complete, sign and return a notarized Affidavit of Eligibility/Liability and
Publicity Release (where permitted by law) as well as any other documents which may be required by Sponsor or
prize provider, all of which must be received fully-executed within 3 days
of date of notification or he/she may be disqualified and prize may be
forfeited and awarded to an alternate.
Prizes: 2 tickets to English Beat
3/2 at House of Blues Chicago. Total
ARV of all prizes $46. Odds
of winning a Prize depends on the number of eligible entries received.
Terms and conditions of the gift card will apply.
Prize won
by a minor will be awarded in the name of the minor's parent/legal guardian.
Minor's parent/legal guardian will be responsible for executing the required
documentation detailed above. Winners are solely responsible for
all applicable federal, state and local taxes and any other expenses and costs
not expressly listed above. Prizes will be accepted Òas isÓ and are
non-transferable and non-assignable. Sweepstakes Entities, in their discretion,
may substitute a prize (or prize component) of equal or greater value for any
reason. At the Sweepstakes EntitiesÕ
sole discretion, Sweepstakes entrants may be disqualified at any time for any
reason permitted by these rules.
4. Eligibility: Sweepstakes
is open to legal residents of the 50 United States or D.C., 13 years of age or older as of date of entry.
Individuals employed by Sponsor,
or any of their respective parent and affiliated companies,
subsidiaries, advertising and promotional agencies and any and all other
companies associated with the Sweepstakes and their immediate families (parent,
siblings, children and spouse) and persons residing in the same household
(whether related or not) of such employees are not eligible to enter or win. If
you are not the age of majority in the jurisdiction in which you reside, you
will need to obtain permission from your parent/legal guardian in order
to be declared the Winner. Void in Puerto Rico, the U.S. Virgin Islands, all other U.S.
territories and possessions, U.S. Military installations in foreign countries,
anywhere outside of the U.S and where prohibited, taxed or restricted by
law.
5. General:
By entering, all entrants agree to be bound by these Official Rules and by the
decisions of the Sweepstakes Entities, which shall be final and binding.
Sweepstakes Entities may prohibit any entrant or potential entrant from
participating in the Sweepstakes, if at the sole discretion of Sweepstakes
Entities, such person shows a disregard for these Official Rules, or acts (1)
with an intent to annoy, abuse, threaten, or harass any other entrant,
Sweepstakes Entities, or their agents or representative; or (2) in any other
disruptive manner.
By participating in the Sweepstakes by text message entries all entrants
will allow Vibes Media, LLC to communicate with them on behalf of Sponsor. By accepting prize, the
winner grants to Sweepstakes Entities the right to use winner's name, likeness,
image, voice, hometown, and biographical information in any advertising, trade
or promotion, including on the Internet or via wireless application protocol,
without further notice, compensation or permission, except where prohibited by
law. If the winner is a minor under the law of his/her jurisdiction of
residence, his or her respective parent or guardian will be required to execute
an Affidavit acknowledging, confirming and consenting to the Liability Release
and Publicity Consent.
Any personal information supplied by any entrant to
Sweepstakes Entities will be subject to Sponsor privacy policy posted at www.houseofblues.com/chicago. Entrants
who do not comply with these Official Rules or attempt to interfere with this
Sweepstakes in any way shall be disqualified. The use of automated entry
devices or any other conduct that impedes the integrity of the Sweepstakes is
prohibited. SponsorsÕ decisions as
to all matters related to the administration of the Sweepstakes and selection
of the prize winners are final.
6. Indemnification: By
entering entrant agrees to release, defend, hold harmless and indemnify Sponsor, Administrator and their
respective parents, subsidiaries, affiliates, contractors, directors, officers,
governors, employees, shareholders and agents against any and all liability,
damages or causes of action (however named or described), with respect to or
arising out of either (i) any damage to entrant's cellular telephone or
computer relating to or resulting from entering or downloading materials or
software in connection with entering this Sweepstakes; or (ii) any injuries,
losses, or damages of any kind caused by the acceptance, possession, use or
misuse of a prize awarded in the Sweepstakes, including but not limited to any
claims for damage to property, personal injury, death or claims based on
defamation, rights of privacy, rights of publicity or merchandise delivery.
False or deceptive entries or acts will render the entrant ineligible. WARNING:
ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF
THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH
AN ATTEMPT BE MADE, THE SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES
OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE
FULLEST EXTENT PERMITTED BY LAW. Sweepstakes Entities are not responsible
for any printing or typographical errors in these Official Rules or any other
materials associated with the Sweepstakes. Entrants enter at their own
risk and Sweepstakes Entities' are not responsible for and shall not be liable
for any condition caused by events beyond their control that may cause the
Sweepstakes to be disrupted or corrupted.
7. Arbitration and Choice
of Law: This promotion is intended for participation in the
United States only and shall be construed only according to United States Law. Except
where prohibited by law, as a condition of participating in this Sweepstakes,
entrant and Sponsor agree that (1) any and all disputes and causes of action
arising out of or connected with this sweepstakes, or any prizes awarded, shall
be resolved individually, without resort to any form of class action, and
exclusively by final and binding arbitration under the rules of the American
Arbitration Association and held at the AAA regional office nearest the
contestant; (2) the Federal Arbitration Act shall govern the interpretation,
enforcement and all proceedings at such arbitration; and (3) judgment upon such
arbitration award may be entered in any court having jurisdiction. Under no
circumstances will entrant be permitted to obtain awards for, and entrant
hereby waives all rights to claim, punitive, incidental or consequential
damages, or any other damages, including attorneys' fees, other than entrant's
actual out-of-pocket expenses (i.e., costs associated with entering this
Sweepstakes), and entrant further waives all rights to have damages multiplied
or increased. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules, or the
rights and obligations of contestants and Sponsor in connection with this
Sweepstakes, shall be governed by, and construed in accordance with, the
substantive laws of the State of Illinois
without regard to IllinoisÕ choice
of law rules.
8. WinnerÕs Name and Official Rules:
You may request official rules or winnerÕs name by sending a self-addressed,
stamped envelope by 3/20/2010 to: Caitlin Howe at Vibes Media, 205 W. Wacker Drive, Suite 2300, Chicago, IL 60606. VT residents may omit return
postage. You can also access the
rules (available during the Promotion Period).
9. Sponsor:
House of Blues, 329 N. Dearborn, Chicago, IL 60654. Administrator: Vibes Media, 205 W. Wacker
Drive, Suite 2300, Chicago, IL
60606.