Jam Heavy Metal BlueTooth Speaker Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THE “Jam Heavy Metal Bluetooth Speaker” SWEEPSTAKES PROMOTION (THE “PROMOTION”) AND ANY ADVERTISEMENT RELATING THERETO IS INTENDED FOR PARTICIPATION ONLY IN THE CONTINENTAL UNITED STATES (COLLECTIVELY, THE “TERRITORY”) AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY TENNESSEE STATE LAW. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU ARE NOT A LEGAL RESIDENT OF THE TERRITORY PHYSICALLY LOCATED IN THE TERRITORY AT THE TIME OF ENTRY, OR DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
PROMOTION DESCRIPTION: The “Jam Heavy Metal Bluetooth Speaker” Sweepstakes Promotion (the "Promotion") is sponsored by Erica Bryan, a Tennessee Sole Proprieter (“Sponsor”) located at 1620 16th Avenue South, Nashville, TN 37212. The Promotion offers entrants one (1) chances to win a prize in one (1) independent random prize drawing. See rule #3 below for specific Sweepstakes "Registration Periods" (as defined below). The Promotion will commence May 1, 2016, and will end on June 3, 2016 (such entire period of time referred to hereinafter as the “Promotion Period”). By participating in this Promotion, each entrant unconditionally agrees to abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters relating to this Promotion.
WHO MAY ENTER: The Promotion is open only to legal residents of the Continental United States of America who are eighteen (18) years of age or older the time of entry. Void where prohibited by law. Directors, officers, and employees (and each of their respective IRS dependents, immediate family members [children, spouse, parents, sibling] and individuals residing in their same household, whether or not related), of Eerica Bryan and The AristoMedia Group (each a “Promotion Entity” and collectively, the “Promotion Entities”), and each of their respective parents, affiliated, or subsidiary companies, advertising, promotion, production services, fulfillment agencies, legal advisors, web masters and web suppliers are not eligible to enter or win. The potential prizewinner of each Sweepstakes may be required to show proof of residency.
WHEN TO ENTER: The Promotion begins at 12:00:01 a.m. Eastern Time (“ET”) on May 1, 2016 and ends at 11:59:59 p.m. ET on June 3, 2016. The Sweepstakes shall have one (1) Sweepstakes registration period, one (1) Sweepstakes drawing date, and one (1) Sweepstakes prize winner announcement date. To be eligible for a Sweepstakes and all subsequent Sweepstakes, all entries must be received by Sponsor by the end of the Registration Period for the applicable Sweepstakes. Sponsor’s database clock shall be the official time keeping device for all entries received in connection with this Promotion.
HOW TO ENTER: A COMPUTER WITH INTERNET ACCESS IS REQUIRED IN ORDER TO PARTICIPATE IN THIS SWEEPSTAKES. During the Registration Period for the applicable Sweepstakes, each entrant must visit http://ericabryan.com (the “Website”), follow the links and instructions to the Promotion’s registration page, and complete and submit all required information, which may include without limitation entrant’s full name, e-mail address, daytime telephone number, and complete mailing address (including city, state, and zip code). All required information must be completed in order to enter into the applicable Sweepstakes and to be eligible to win. Upon completion of the aforementioned process, the entrant will receive one (1) entry into the applicable Sweepstakes.
Each entrant must provide a valid e-mail address in order to be eligible to enter or win. Proof of submitting the required information on the Promotion’s registration page is not considered proof of delivery to or receipt by Sponsor of entry into this Promotion. The name of the “authorized account holder” associated with any given e-mail address will be deemed to be the entrant and must comply with and abide by these Official Rules. The authorized account holder is defined as the natural person who is assigned the e-mail address by an Internet access provider, an online service provider, or another organization that is responsible for assigning for the exchange associated with the submitted e-mail address or the domain associated with the submitted e-mail address. In the event of a dispute regarding the identity of who actually submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail address supplied at the time of entry. Proof (to Sponsor’s satisfaction) of being the authorized account holder may be required by Sponsor, in Sponsor’s sole and absolute discretion.
There is a limit of one (1) entry per person, per e-mail address, throughout the entire Promotion Period. For the purposes of clarity, an entrant may only enter one (1) Sweepstakes.
Note: Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void, including but not limited to entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users, wireless 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, or unauthorized access to, or alteration of entries. Sponsors are not responsible for lost, incomplete, late, damaged, ormisdirected entries, email messages; or other communications malfunctions; interrupted or unavailable network, server or other connections including those through and/or by the Website; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to an entrant’s or any other person’s computer related to or resulting from participation in this Promotion or by visiting the Website; printing or other errors appearing within these Official Rules or in any Promotionrelated advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise.
DRAWINGS AND PRIZE WINNER NOTIFICATION: Up to a total of one (1) prize winner will be selected; one (1) prizewinner for the entire Sweepstakes. Following the end of the Registration Period for the Sweepstakes, one (1) potential prizewinner will be selected in a random prize drawing from all eligible entries received, inclusive of all nonwinning eligible entries from previous Sweepstakes, if any. Additionally, the potential prize winners will be notified by telephone, e-mail and/or U.S. mail on the Prize Winner Announcement Date for the applicable Sweepstakes as set forth in the chart noted above, using the contact information provided at the time of entry. Sponsor shall have no liability for any prize winner notification that is lost, intercepted or not received by a potential prize winner for any reason. If the selected prizewinner cannot be reached by telephone, e-mail or U.S. mail, or does not respond within three (3) days of the initial attempt to notify the potential prize winner, the prize, may be forfeited and an alternate winner may be selected in a random drawing from the remaining eligible entries during the Registration Period for the applicable Sweepstakes, inclusive of all non-winning eligible entries from previous Sweepstakes, if any. Sponsor will attempt to contact up to two (2) potential prize winners in accordance with the above procedure, after which the prize may go unawarded if it remains unclaimed. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the prize for any reason prior to award, such potential prize winner will be disqualified and an alternate prize winner may be selected in a random drawing from the remaining eligible entries received during the Registration Period for the applicable Sweepstakes, inclusive of all non-winning eligible entries from previous Sweepstakes, if any. Determination of the prizewinner shall be made by Sponsor or its agent(s) in its sole and absolute discretion, and such determination shall be final and binding.
PRIZE/APPROXIMATE RETAIL VALUE (ARV)/ODDS: Up to a total of one (1) prizes may be awarded. Each prize shall consist of one (1) Jam Heavy Metal Wireless Bluetooth Speaker. The total approximate retail value (“ARV”) for each prize is Ninety Nine Dollars ($99). The prize winners are solely responsible for all other expenses not specified as being awarded including without limitation taxes, delivery, processing and handling fees. The total ARV should all prizes be awarded in connection with this Promotion is Ninety Nine Dollars USD ($99).
Odds of winning a prize depends upon the total number of eligible entries received prior to the end of each Registration Period (including all entries received in prior Registration Periods, if any) for the applicable Sweepstakes.
GENERAL PRIZE RESTRICTIONS: No cash alternative or prize substitutions will be allowed except Sponsor reserves the right to substitute prizes of comparable value if a prize listed is unavailable for any reason. The prize is nonassignable and nontransferable. If lost, the prize will not be replaced. The prize winners are solely responsible for the reporting and payment of any federal, state and/or local taxes on a prize. Upon verification of entrant’s win and compliance with these Official Rules, delivery of the applicable prize will be coordinated by a representative of Sponsor and the prize winner will receive further notification with details on how to claim the applicable prize. Upon verification of entrant’s win and compliance with these Official Rules, delivery of the prize will be coordinated by a representative of Sponsor and the prize winner will receive further notification with details on how to claim the prize. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole and absolute discretion.
GENERAL PRIZE CONDITIONS: Eligibility, age and all claims made by prize winner(s) are subject to verification. Sponsor and its agents are not responsible for fraudulent communications including without limitation phone calls, mail, and e-mails made by or sent to entrants. Prize winners may be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release (“Affidavit/Publicity Release”). If a prize winner is not of legal age of majority in his or her state of residence (“Minor”) at Sponsor’s option, the prize either will be awarded in the name of the parent or legal guardian of the prize winner, or the parent or legal guardian of the prizewinner will be required to ratify and sign Prize Claim Documents. The Affidavit/Publicity Release must be returned within the time indicated on the documents. If the potential prize winner (or, in the case of a Minor, such Minor prizewinner’s parent or legal guardian) fails to return such documents within the prescribed time, or if a potential prize winner is found to be ineligible, or if he/she does not comply with these Official Rules, then the potential prize winner may be disqualified and an alternate prizewinner may be selected from the remaining eligible entries during the Registration Period for the applicable Sweepstakes. All applicable U.S., federal, state, and local taxes, duties, or other taxes or fees are the sole responsibility of the prize winner, who may be issued a 1099 IRS tax form for the ARV of any awarded prize. Except where imposing such condition is expressly prohibited by law, the prize winner’s entry and acceptance of the prize constitutes permission for the Sponsor and its agents to use said prize winner’s name, photograph, likeness, statements, biographical information, voice, and city and state for all purposes and in all forms of media, in perpetuity, without further notice or compensation.
Depiction of the prizes in any advertising, promotional materials, or on the Website (if any) or on ericabryan.com may not reflect the actual prize delivered to the prize winner. Sponsor or its agents shall not be responsible for delays in delivery of any prize once it has been shipped by Sponsor or its agent. Prize winners shall bear all risk of loss or damage to the prize after it has been delivered to the prize winner.
- CONDITIONS OF PARTICIPATION: This Promotion is subject to all applicable federal, state, and local laws. Each entrant hereby: (a) agrees that the Promotion Entities will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion or any Promotion-related activity, or for any typographical or other error in the printing, offering or announcement of any prize; (b) releases the Promotion Entities from all liability, claims, action, or proceedings relating to this Promotion and from injuries or damages arising in connection with or relating to participation in this Promotion, or use or misuse of the prize; and (c) waives any right to claim ambiguity in the Promotion or these Official Rules. This Promotion may not be used for any form of gambling.
IMPORTANT: PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Promotion, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant’s ability to participate in the Promotion; (ii) incorrect or inaccurate information whether caused by internet users, or by any equipment or programming associated with or utilized in connection with this Promotion and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Promotion and/or the use and/or misuse of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy); or (iv) the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system, which is occasioned by accessing the Website, or participating in the Promotion, 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, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process or operation of the Promotion or to be acting in an unsportslike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion 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 Promotion as contemplated herein. In the event Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of 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 (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued 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.
GOVERNING LAW: 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 PROMOTION OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE PROMOTION, 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. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE 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. IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE PROMOTION. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED BY SPONSOR TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
COPY OF OFFICIAL RULES/WINNERS LIST: To obtain a copy of the Official Rules or any legally required winners’ list, visit ericabryan.com. Any legally required winners’ list may be available for a period of thirty (30) days following the end of the Promotion Period. The Official Rules may not be available following the end of the Promotion Period.
SPONSOR: Erica Bryan, 1620 16th Avenue South; Nashville, TN 37212