ROCKIN' TEXAS GETAWAY SWEEPSTAKES
OFFICIAL RULES
THE FOLLOWING PROMOTION IS VALID ONLY IN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA (“D.C.”). IT SHALL BE CONSTRUED AND EVALUATED ONLY ACCORDING TO UNITED STATES LAW. DO NOT PROCEED UNLESS YOU ARE AT LEAST 18 YEARS OLD (19 IF A RESIDENT OF AL OR NE), HAVE AN ACTIVE EMAIL ADDRESS AS OF 3/1/10 AND ARE A LEGAL RESIDENT OF, AND CURRENTLY LOCATED IN, AN ELIGIBLE STATE OR D.C.
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
RealNetworks, Inc., in its capacity as the operator of Rhapsody.com (“Sponsor”) is offering this Sweepstakes (“Sweepstakes”). VOID IN ALASKA AND HAWAII, OUTSIDE THE REMAINING STATES AND WHERE PROHIBITED.
- This Sweepstakes is open to legal residents of the 48 contiguous United States and the District of Columbia who are 18 years of age (19 if a resident of AL or NE) or older and have an active, valid e-mail address as of 3/1/10. Employees, officers and directors of RealNetworks, Inc., Texas Office of the Governor, Economic Development and Tourism, their respective affiliates, subsidiaries, agents, agencies, promotion and advertising agencies, distributors and promotion partners, and members of the immediate families (defined for these purposes as spouse, biological, adoptive and step-parents, children, siblings, grandparents, grandchildren and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate. Proof of eligibility may be required.
- Sweepstakes begins at 3:00:01 pm Eastern Time (“ET”) on 3/1/10 and ends at 2:59:59 pm ET on 4/30/10 (the “Sweepstakes Period”). Limit one entry per person/email address for the entire Sweepstakes Period. Proof of submission of an entry will not be deemed proof of receipt by Sponsor or Administrator.
- To enter, complete an online entry form at www.rhapsody-promos.com/texas and submit as instructed. All entries must be received by 2:59:59 pm ET on 4/30/10. If you want to be contacted by the Sponsor for future promotional purposes, please check the opt-in box on the online entry form.
- In the event of a dispute, entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" means the natural person who was assigned the e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winner may be required to provide proof to Sponsor that he/she is the authorized account holder. Sponsor reserves the right to void all entries made through any robotic, automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual using such a method. Sponsor is not responsible for: (i) electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Sponsor or its agents for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of entries, or for destruction of or unauthorized access to, or alteration of, entries; (iii) failed or unavailable hardware, network, software or telephone transmissions, damage to entrants’ or any person’s computer and/or its contents, or causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (iv) any entries submitted in a manner that is not expressly allowed under these Rules; all such entries will be disqualified; (v) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vi) any typographical or other error in the printing or advertising of the offer, administration or execution of the Sweepstakes, or in the announcement of prize winner; or (vii) cheating or fraud by any participant. All incomplete or non-conforming entries will be disqualified. All entries become Sponsor’s property and will not be returned. If for any reason this Sweepstakes cannot be executed as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of this Sweepstakes, or if this Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right to terminate this Sweepstakes. If this Sweepstakes is terminated before the original end date, Sponsor will select the winner by random drawing from among all eligible entries received as of the termination time and date. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method that is prohibited under these rules. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR OTHERWISE CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
- One (1) Grand Prize will be awarded, consisting of a trip for two (2) (winner and one (1) guest) to Dallas, TX for three (3) days / two (2) nights. Prize includes: round-trip, coach class air transportation for winner and a guest from a major airport near the winner’s residence (as determined by Sponsor) to Dallas, TX; two (2) nights of hotel accommodations consisting of one (1) double occupancy hotel room; two (2) Sunday Gospel Brunch meals at the House of Blues; a rental car for weekend; and two (2) tickets to the Dallas House of Blues for each night’s stay (total of four (4) tickets). Approximate Retail Value (“ARV”): $2,500. Travel reservations must be completed a minimum of 30 days prior to trip departure. Travel must be completed by 5/31/11.
- Grand Prize winner’s guest must be at least 18 years of age (19 if a resident of AL or NE) by time of travel. Winner and guest must be able to travel together on the dates and times to be specified by the Sponsor or the prize will be forfeited in its entirety and awarded to an alternate potential winner, time permitting in a random drawing from among the remaining entries received. Further travel and/or accommodations restrictions may apply. Actual Retail Value (ARV) of prize depends on the city of departure and airfare fluctuations and any difference between the stated ARV and the actual value, if any, will not be awarded. If the potential winner cannot accept prize as stated, his/her prize will be forfeited and awarded to an alternate winner, time permitting in a random drawing from among the remaining entries received. If Grand Prize winner resides within one hundred (100) miles of Dallas, TX, s/he will receive the use of a rental car (subject to age or other eligibility restrictions that may apply) in lieu of air travel (no compensation or substitution for difference in value will be awarded). The trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel arrangements are subject to availability. All other expenses and costs not expressly listed above, including but not limited to ground transportation, hotel incidentals, meals and tips, are solely the winner’s and guest’s responsibility.
- Odds of winning the prize depend on the number of eligible entries received. Prize may not be transferred, assigned, redeemed for cash or substituted, except that the Sponsor may substitute the prize or any component of the prize with a prize or prize component of equal or greater value in the event the stated prize/component becomes unavailable. All state, federal and local income taxes on prize are solely the responsibility of the winner. The prize will be awarded provided it is properly claimed in accordance with these Rules.
- On or around 5/7/10, David Kessler & Associates, Inc., the Sweepstakes Administrator (“Administrator”) will conduct a random drawing to select the potential winner from among all eligible entries received. Administrator is independent of Sponsor, and Administrator’s decisions are final and binding in all matters relating to this Sweepstakes. The potential winner must comply fully with these Official Rules in order to be eligible to win and receive the prize. Sponsor or Administrator will contact potential winner by telephone, mail and/or e-mail. The potential Grand Prize winner is required to complete, sign and return an Affidavit of Eligibility, Liability Release, and, unless a Tennessee resident, a Publicity Release, within ten (10) days of initial written notification, or the prize will be forfeited and awarded to an alternate winner, time permitting, in a random drawing from among all remaining eligible entries. The Grand Prize winner’s guest must also sign and return a Liability/Publicity Release as a condition of accompanying winner on the trip.
- By entering, each entrant agrees to abide by the terms of these Official Rules and by the decisions of the Administrator, and agrees to indemnify, release, defend and hold harmless the Sponsor, the Administrator, Texas Office of the Governor, Economic Development and Tourism, their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing, from and against any and all liability arising from or in connection with participation in the Sweepstakes or the acceptance, possession and/or use of the prize if awarded to him/her or his/her participation in prize-related activities including but not limited to travel related thereto, and any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including emotional distress), and/or death which may occur in connection with preparation for, or participation in, this Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. By accepting the prize, winner agrees that any liability concerning or arising out of the prize rests solely with the common carrier on which the winner traveled, or the manufacturer of the goods or their affiliates. Sponsor assumes no responsibility for any physical injury or damage to entrants or entrants’ personal property, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Furthermore, winner acknowledges that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize, including, but not limited to, express warranties provided by the manufacturer of the goods or their affiliates.
- DISPUTES: By participating, entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or the prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the County of San Francisco, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants’ rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the California, without giving effect to any choice of law or conflict of law rules (whether of the California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
- By accepting the prize, winner consents to the use of his/her name and/or likeness for advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional compensation or notice (such consent being optional for Tennessee residents).
- For the name of the winner, send a self-addressed, stamped #10 size envelope, to be received by 6/7/10 to: RealNetworks, Attn: Rockin’ Texas Getaway Sweepstakes, 2012 16th Street, San Francisco, CA 94103.
Sponsor: RealNetworks, Inc., with an address at 2012 16th Street, San Francisco, CA 94103
Administrator: David Kessler & Associates, Inc., 391 Castlewood Lane, Buffalo Grove, IL 60089
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