Official Rules
for
Dave Matthews Band Advance Listening Party Contest, and
Dave Matthews Band Grand Prize Meet & Greet Flyaway Contest;
Collectively, known as Big Whiskey and the Groogrux King Contest
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED.
1.
The
Contest; Prizes.
(a)
Advance Listening Party Contest. The 100 entrants who have the most
members of their Facebook advance listening party event page will win a
watermarked copy of the new Dave Matthews Band album (Big Whiskey and the
Groogrux King) prior to the official release date on June 2, 2009. The
Approximate Retail Value is $15 for each watermarked CD. Winners of this
Contest will be notified by e-mail.
(b)
Grand Prize Meet & Greet Flyaway Contest. Each winner of the
Advance Listening Party Contest will qualify for the opportunity to enter to
win a Grand Prize Contest consisting of a (i) trip to meet Dave Matthews and
(ii) see Dave Matthews Band perform live from the front row at Cruzan Amphitheatre
in West Palm Beach, FL on August 15, 2009 (which shall include (A) tickets to
the event and an opportunity to meet with Dave Matthews Band, (B) roundtrip
coach airfare from an airport located near the winner’s home address, with the
departure airport and airline to be selected by Red Light Management in its
sole discretion, to the city where the concert will be performed, (C) hotel
accommodations near the concert selected by Red Light Management in its sole
discretion, and (D) ground transportation from the hotel to the concert and
back to the hotel from the concert on the day of the show). The Contest
is a game of skill in which the winner will be chosen from all eligible entries
by judges applying the criteria described below. The Approximate Retail Value
for (2) Reserved Tickets is $150. The Approximate Retail Value for roundtrip
economy airfare for (2) passengers is $1,000. The Approximate Retail
Value for one night of hotel accommodation for (2) guests is $250. The
Approximate Retail Value for ground transportation for (2) guests is $250.
The winner of the Contest will be notified by telephone on June 15, 2009.
(c) Certain
Disqualifications. Return of any prize notification as undeliverable
will result in disqualification and the selection of the an alternate winner as
determined by Red Light Management on behalf of Dave Matthews Band. No
transfer, substitution in prizes above, or cash shall be made by entrants but
Dave Matthews Band may substitute a prize of equal or greater value for any
prize.
2. How to
Enter.
(a) Advance
Listening Party Contest. Advance Listening parties will occur between
5/23 and 5/25, 2009. Entrants will be
sent a copy-protected watermark version of the album, no later than May 23,
2009. Listening parties will occur at
physical locations as decided by entrant, any online/mobile use is strictly
prohibited. Each submission will be
verified by judges to guarantee the integrity of the contest; Facebook event
pages will be verified within a 48 hour period post the submission deadline
To enter the Advance Listening Party Contest an entrant should submit an
eligible, legitimate entry by 11:59 PM May 12, 2009. To be eligible, an
entrant must create a Big Whiskey and the Groogrux King advance listening party
‘event’ located on Facebook.com and invite multiple ‘friends'. Each event
page must include the ‘Promotional Contest Banner’, featuring contest details,
located at DaveMatthewsBand.com. To be eligible, an entry must include the
following required information and must be submitted via the designated online
entry form located at DaveMatthewsBand.com: (a) a valid email address
registered with Facebook.com that has willingly been submitted by the email
account holder, (b) a valid mobile phone number that has willingly been
submitted by the entrant, (c) mailing address of entrant, (d) html link to
respective event page on Facebook.com. Upon submitting a complete entry,
an entrant will automatically be entered into the Advance Listening Party
Contest.
(b)
Grand
Prize Meet & Greet Flyaway.
The 100 Winners of the Advance Listening Party Contest will be eligible to
enter to win the Grand Prize. To
participate in the Grand Prize Meet & Greet Flyaway Contest, the 100
winners of the Advance Listening Party Sweepstakes will be required to submit
an eligible entry prior to 11:59 PM eastern daylight time on June 2, 2009.
To be eligible, an entrant must submit a video summation of completed
Listening Party by uploading the video to the respective entrant’s Facebook.com
event page.
(c)
Miscellaneous.
Any error or omission in the information on the entry form may void
entry. Limit one entry per listening party. By participating, all
entrants agree to abide by these Official Rules, and agree to register for the
official Dave Matthews Band e-mail and mobile announcement lists.
3.
Eligibility.
The Contests are open to legal residents of the 50 United States and
Washington, DC over the age of 18 years old as determined by Red Light
Management on behalf of Dave Matthews Band at the time of registration entry.
Each Winner assumes all liability for use of the prize. Red Light
Management on behalf of Dave Matthews Band reserves the right to refuse to
award a prize to any entrant under the age of 18.
4.
Winner
Selection and Notification. The
selection and notification of winners under both contests will be conducted
under the supervision of Red Light Management on behalf of Dave Matthews Band.
The decisions of Red Light Management on behalf of Dave Matthews Band are
final and binding in all matters relating to both Contests.
(a) Advance Listening Party. 100 winners will be selected by Red Light Management on behalf of Dave Matthews Band from all eligible entries based upon the number total number of members (friends) on an entrant’s facebook advance listening party event page. Red Light Management’s determination of the 100 entrants who have the most members on their event pages will be final and binding on all entrants.
(b) Grand
Prize. The Grand Prize winner will
be selected from the eligible entrants by a panel of [three (3)] judges who are
music industry marketing professionals based on the following criteria:
i. Total number of guests in attendance.
ii. Degree to which entrant creatively
incorporates thematic elements of the album titled, ‘Big Whiskey and the
Groogrux King.” Red Light Management and Dave Matthews Band in no way
encourage or promote the consumption of alcohol, whether implied or expressed,
in relation to the respective reference in the album title.
iii. Degree to which entrant creatively presents the music (individually and collectively of new album).
Each winner will be notified in person, by phone, e-mail, or United States
mail. If a winner cannot be reached after a reasonable effort has been made or
if an entrant is found to be ineligible, an alternate winner may be selected in
sole discretion of Red Light Management on behalf of Dave Matthews Band.
Multiple entries by the same registrant are prohibited. If an individual
attempts to submit more than one entry, any such additional entries will be
discarded and the entrant may be disqualified in the sole discretion of Red
Light Management on behalf of Dave Matthews Band.
5.
Entry
Deadlines.
(a) Advance
Listening Party Contest. All entries for the Advance Listening Party
Sweepstakes must be received no later than 11:59 PM Eastern Daylight Time on
May 12, 2009.
(b) Grand
Prize Meet and Greet Flyaway Contest. All entries for the Grand Prize Meet
and Greet Contest must be received no later than 11:59 PM Eastern Daylight Time
on June 2, 2009.
6.
Taxes;
Expenses. Any applicable taxes shall be the sole responsibility of
the winner. Any expenses not specifically included in the prizes
(including all meals, and all other expenses incurred in connection with any
trip) described in these rules shall be the sole responsibility of the winner.
7.
General
Conditions. Each Contest shall be void where and to the extent
prohibited by law and is subject to all applicable laws, including, without
limitation, federal, state, and local laws and regulations. In the event
of non-compliance by any winner with the official rules of either Contest, an
alternate winner may be selected by Red Light Management on behalf of Dave
Matthews Band. Prizes are non-transferable. Return of any prize or
prize notification as undeliverable will result in a disqualification of the
winner and an alternate winner may be selected. All prizes will be
awarded.
8.
Releases.
By participating, entrants agree that Dave Matthews Band and Red Light
Management, those involved in the development, production (including prize
suppliers), implementation and distribution of each Contest, and their
respective parent companies, affiliates, subsidiaries, service providers, and
agencies, and their directors, officers, agents, employees, attorneys, and any
other person or entity associated with such entities and/or promotion
(hereinafter collectively called “Released Parties”), shall not be liable for
any claims, damages, losses or injuries, including any third party claims,
arising from or relating to, in whole or in part, either Contest, including
entry and participation in either Contest and acceptance, possession, use or
misuse of the prizes.
All entrants further agree that in the event of any third party claims,
damages, losses or injuries, arising from or relating to such entrant’s
participation in either Contests, such entrant will indemnify and hold
Promoters harmless from and against any and all such claims, including
reasonable attorneys’ fees related thereto. Released Parties shall not be
liable for entries that are delayed, lost, misdirected, mis-delivered,
incorrect or incomplete, and such entries will be not be eligible for either
Contest. Released Parties shall not be responsible for any technical
malfunctions of any telephone network, computer on-line system, computer
equipment or software; program malfunctions or other failures; delayed computer
transactions or network connections; any errors of any kind, whether human,
mechanical or electronic; or any combination thereof, including, without
limitation, any injury or damage to the computer of any entrant or any other
person related to or resulting from downloading any part of either Contest.
Dave Matthews Band reserves the right, in its sole discretion, to cancel or
suspend either or both Contests should viruses, bugs or other causes beyond
their control corrupt the proper administration or security of either or both
Contests. Dave Matthews Band reserves the right to modify the rules of either
Contest in any way or at any time, as long as reasonable notice is given.
Both Contests shall be governed by the laws of the Commonwealth of Virginia,
United States of America. By participating in either or both Contests,
entrants agree that the state and federal courts located in the Commonwealth of
Virginia shall have jurisdiction over any dispute or litigation arising from or
relating to both Contests and that venue for such litigation shall be only in
the Circuit Court for the City of Richmond, Virginia or the United States
District Court for the Eastern District of Virginia, Richmond Division.
9.
Rules/Winners
List. A list of winners’ names may be posted on Dave Matthews Band
official online related properties within 24 hours after winners are
determined. To receive a copy of these Official Rules or the list of winners,
send a self-addressed stamped envelope to: Dave Matthews Band Big Whiskey and
the Groogrux King Contest—Winners’ List or Official Rule, P. O. Box 1467
Charlottesville, VA 22902. Specify “winners list” or “rules” on your
request. WA and VT residents may omit return postage.
10.
Disqualifications.
Entries that are lost, late, illegible, or incomplete for any reason will
not be eligible. In the event of early termination, Dave Matthews Band
may select winner from all eligible entries received at time of termination
based on the criteria above. In the event of a dispute concerning the
identity of the person submitting an entry, the entry will be deemed to be
submitted by the person in whose name the email account is registered.
Any person attempting to defraud or in any way tamper with either
Contests will be ineligible for prizes and may be prosecuted to the full extent
of the law.
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