(the “Sweepstakes”)
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A purchase will not increase your chances of winning. Void outside the United States and the District of Columbia, and void in Puerto Rico and where prohibited or restricted by law. Many will enter, few will win.
Sponsor: Mo-B Entertainment, Inc. 420 Lexington Ave, Suite 2520, New York, NY 10170, United States
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TIMING. The Sweepstakes shall consist of three (3) separate and independent weekly sweepstakes (each a “Weekly Sweepstakes”, individually “Week #1 Sweepstakes” through “Week #3 Sweepstakes”) each with its own separate pool of entrants and prizing (“Prize” collectively the “Prizes”). Each Weekly Sweepstakes will have its own start/end periods (each a “Weekly Sweepstakes Period”) and drawing “Weekly Drawing Dates”) as set forth in the chart below. The odds winning depend on the number of eligible entries received in connection with the applicable Weekly Sweepstakes during the corresponding Weekly Sweepstakes Period. Sponsor’s computer will be the official time keeping device for the Sweepstakes.
Weekly Sweepstakes Weekly Sweepstakes Period
All Weekly Sweepstakes begin at 12:00:01 a.m. Eastern Time (“ET”) & end at 11:59:59 p.m. ET on
dates
listed below.Weekly Drawing Dates Start Date End Date Week #1 Sweepstakes December 11, 2020 December 13, 2020 December 14, 2020 Week #2 Sweepstakes December 14, 2020 December 20, 2020 December 15, 2020 Week #3 Sweepstakes December 21, 2020 December 27, 2020 December 28, 2020 -
ELIGIBILITY. To enter the Sweepstakes, you must be: (i) a legal resident of one (1) of the fifty (50) United States or the District of Columbia, and (ii) at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside (nineteen [19] years of age in Alabama and Nebraska, twenty-one [21] years of age in Mississippi) at the time of entry (each a “Participant”, collectively the “Participants”). Employees of Sponsor, all Prize providers associated with the Sweepstakes, and all of their respective affiliates, parent, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (collectively, the “Sweepstakes Entities”), and each of their respective officers, directors, licensors, employees, representatives and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those winners who have won a prize in any Sponsor-related sweepstakes and/or contest in the twelve (12) months prior to the start of the Sweepstakes are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor in its sole discretion. By participating in the Sweepstakes, each Participant agrees to these Official Rules and all the decisions of Sponsor, which are final and binding in all respects.
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HOW TO ENTER. During the applicable Weekly Sweepstakes Period, visit www.avantlivemusic.com (the “Sweepstakes Site”) and follow the instructions to complete and submit the online Sweepstakes entry form and complete the requisite social media post requirements. Information must be complete and must be submitted in accordance with the online directions. Use of a profane username or the submission of false or misleading personal information by a Participant will be grounds for disqualification. Determination of information to be profane, false, or misleading is at the sole discretion of the Sponsor. Participants who submit an entry must provide all required information. Incomplete or inaccurate entries are void. You may enter only once. You must provide the information requested. All entries must be received at the Sweepstakes Site during the applicable Weekly Sweepstakes Period as set forth in the chart above.
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LIMITATION ON ENTRIES. Limit one (1) entry per calendar day per Weekly Sweepstakes Period per person/household/email address. A “calendar day” is defined as the 24 hours between 12:00:00 a.m. ET and the following 11:59:59 p.m. ET. Any attempt by any Participant to obtain more than the stated number of entries in a Weekly Sweepstakes by using same or multiple/different email accounts or any other method of entry will void all of that Participant’s entries in the applicable Weekly Sweepstakes and that Participant will be disqualified. Entries that have been tampered with or altered shall be rendered void. Sponsor is not responsible for any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure of Participants on account of technical problems or traffic congestion on the internet or at any web site or any combination thereof, including injury or damage to Participants or to any other person’s computer related to or resulting from participating or downloading materials contained in this Sweepstakes. If for any reason any Weekly Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of such Weekly Sweepstakes, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend the online portion of the applicable Weekly Sweepstakes. Should a Weekly Sweepstakes be terminated or cancelled prior to the stated expiration date, notice will be posted on the Sweepstakes Site, and any entries received prior to the termination or cancellation will be included in the drawing of the applicable Weekly Sweepstakes. In the event that there becomes a dispute over who submitted a winning entry, entries will be declared made by the authorized account holder of the e-mail address used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the e-mail address. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. It is solely the responsibility of the Participant to notify Sponsor in writing if the Participant changes his or her e-mail address during the applicable Weekly Sweepstakes Period. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Multiple Participants are not permitted to share the same email address. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Any attempt by any Participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Participant’s entries, and that Participant may be disqualified at Sponsor’s discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules will be disqualified from the applicable Weekly Sweepstakes at Sponsor’s sole and absolute discretion. Entries from one Weekly Sweepstakes will not roll over into subsequent Weekly Sweepstakes and a winner of a Weekly Sweepstakes will be ineligible to win a subsequent Weekly Sweepstakes.
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DRAWING AND NOTIFICATION. Sponsor will conduct random drawings on or about each of the Weekly Drawing Dates set forth in the chart above in order to select ten (10) potential winners for each Weekly Sweepstakes (each a “Potential Winner”, collectively the “Potential Winners”). Each Weekly Sweepstakes Potential Winner will be notified by email on or about twenty-four (24) hours following the corresponding Weekly Drawing Date and must respond to the notification within seven (7) days or be subject to disqualification and another Potential Winner will be selected from the remaining eligible entries received during the applicable Weekly Sweepstakes Period, if time permits. Sponsor will continue to select alternate Potential Winners in the manner set forth above until all Prizes (as defined below) have been awarded. If Sponsor is unable to determine and verify a Potential Winner after ten (10) alternate drawings or if Sponsor fails to receive sufficient number of entries for any given Weekly Sweepstakes, Sponsor reserves the right to not award the Prize for such Weekly Sweepstakes and end such Weekly Sweepstakes. Odds of winning depend on the total number of eligible entries received during the applicable Weekly Sweepstakes Period.
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QUALIFICATION OF WINNER. Before a Potential Winner will be deemed an official winner (each a “Winner”, collectively the “Winners”), he/she may be required to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (collectively referenced herein as the “Affidavit/Release”) and any other legal documents that Sponsor may require, including, but not limited to, a W-9 tax form, within three (3) days from the date Sponsor sends such documents to a Potential Winner or be subject to disqualification. Each Potential Winner must be able to provide proof that such Potential Winner is eligible to be deemed a Winner to Sponsor’s and Sponsor’s satisfaction. If the documents are not returned within that time, or Potential Winner or Winner is found to be ineligible, or does not comply with the Official Rules, then he/she will be disqualified and an alternate Potential Winner may be selected in accordance with the process as set forth in Section 5 above. A prize notification being returned as undeliverable will result in disqualification of such entry.
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PRIZES (20). Each Weekly Sweepstakes shall award a Five Hundred Dollar ($500) gift card to each of its ten (10) Winners. The approximate retail value (“ARV”) of all Prizes in the Sweepstakes is $10,000.
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PRIZE RESTRICTIONS. Any difference between the ARV and the actual value of a Prize will not be awarded. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Prize received. Any and all applicable federal, state, and local taxes (including but not limited to income taxes) and all fees and expenses related to delivery, acceptance, and use of a Prize not specifically identified in these Official Rules, are solely the responsibility of the Winner. If for any reason a Prize or Prize component is unavailable for any reason, Sponsor reserves the right to substitute with a prize of equal or greater value. Any difference between the ARV and the actual value, if any, of any component of Prize will not be awarded. Winner may not transfer, give, barter, sell, substitute, or exchange the Prize for a cash equivalent except at Sponsor’s sole discretion. In the event that a Potential Winner chooses not to accept his/her Prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the remaining eligible entries submitted during the applicable Weekly Sweepstakes Period, if time permits and in accordance with the selection process as set forth in Section 5 above. SPONSOR SHALL NOT HAVE ANY LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF THE WINNER’S ACCEPTANCE OR USE OF A PRIZE.
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SWEEPSTAKES CONDITIONS. By submitting an entry in the Sweepstakes, each Participant (whether they are declared a Winner or not), agree (and agree to affirm to such in writing) to: (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Sweepstakes which decisions are final and binding in all respects; (ii) waive any right to claim ambiguity in the Sweepstakes or these Official Rules; and, (iii) warrant and represent that the use of the materials submitted in this Sweepstakes will not violate the rights of any third parties. Entries must be in keeping with Sponsor’s positive image, as determined by Sponsor in its sole discretion. Any materials containing obscenity, crude language, or descriptions of a violent or sexual nature (as defined solely by Sponsor) will not be accepted and the associated entry will be disqualified. All federal, state or other tax liabilities (including income taxes) arising from any Prize contained in this Sweepstakes will be solely the responsibility of the Winner. Receipt of any of the Prize components of this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.
If for any reason any Weekly Sweepstakes is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstake Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of such Weekly Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the applicable Weekly Sweepstakes. In the event that the operation, security, or administration of any Weekly Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the applicable Weekly Sweepstakes to address the impairment and then resume such Weekly Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Weekly Sweepstakes and conduct a random drawing and select a Potential Winner from among the eligible entries received in the applicable Weekly Sweepstakes Period up to the time of the impairment. In the event a Potential Winner or a Winner is disqualified for any reason under the provisions of these Official Rules, such Potential Winner or Winner and all rights to any Prize will be forfeited in its entirety and a random drawing will be conducted in order to select an alternate Potential Winner from among the eligible entries received in the applicable Weekly Sweepstakes Period, if time permits and in accordance with the selection process as set forth in Section 5 above.
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LIMITATIONS OF LIABILITY/RELEASES. By submitting an entry in the Sweepstakes, each Participant (whether declared a Winner or not) agree (and agree to affirm to such in writing) to forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes Entities, and each of their respective officers, directors, licensors, employees, representatives, contractors, and agents (the “Released Parties”) from any liability, claims, demands, and causes of action from personal injury, loss or damage of any kind, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or the use, misuse or acceptance or possession of a Prize or any portion thereof, or participation in any Sweepstakes-related activity, access to and use of each website associated with this sweepstakes and/or downloading from such site, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. By participating in this Sweepstakes, Participants agree that the Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from: (i) any typographical or other error in the publication or printing of the Official Rules, and/or the offering or announcement of any prize; (ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries; (iii) any error in the collection or retention of entry information, including, but not limited to, incorrect or inaccurate transcription, receipt or transmission of any part of the entry due to human error; (iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees; (v) the Sweepstakes and any elements thereof, and the participation or inability to participate in any Sweepstakes-related activity or participation in this Sweepstakes, including, but not limited to, any damage to Participant’s (or any third person’s) telephone system and/or its contents related to or resulting from any part of the Sweepstakes; (vi) any malfunction of the telephone system, whether technical or due to human error in nature, lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Sweepstakes, including, but not limited to, interruption or inability to access the Sweepstakes due to hardware or software compatibility problems of any telephone network (TSP), computer online systems (ISP), servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to participants or to any other person’s telephone system related to or resulting from participating; (vii) acceptance, receipt, possession, attendance at, travel related to, defects in, misuse, inability to use, or use of any component of any Prize including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed prize (or any element thereof); (viii) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond Sweepstakes Entities’ control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including but not limited to overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ sole and reasonable control, or as otherwise permitted in these Official Rules; (ix) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (x) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes at random from all legitimate, un-awarded, eligible entries received during the Sweepstakes Period.
WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND 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.
Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor find to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
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PUBLICITY. EXCEPT WHERE PROHIBITED BY LAW, EACH WINNER GRANTS TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, SWEEPSTAKES ENTITIES AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, SUCH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON ANY FORM OF MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. PARTICIPANTS AGREE THAT SPONSOR SHALL OWN THE SWEEPSTAKES ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE SWEEPSTAKES ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO PARTICIPANTS OR ANY THIRD PARTY.
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GOVERNING LAW/JURISDICTION. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of Ohio (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in Ohio and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the Winners shall be resolved individually, without resort to any form of class action. Participant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys’ fees and/or experts’ fees and costs. Each Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and each Participant further waives all rights to have damages multiplied or increased.
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WARRANTIES BY YOU. By entering this content, you represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Sponsor. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Sponsor from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Sponsor may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
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RULES/WINNERS LIST. To receive the name of any Weekly Sweepstakes Winners or a copy of these Official Rules, send an email to: AVLiveMusicEdgy@gmail.com by January 28, 2021. Please specify which Weekly Sweepstakes, “Rules” or “Winner Info”. You may also view the Official Rules by visiting the Sweepstakes Site during the applicable Weekly Sweepstakes Period.