OFFICIAL SWEEPSTAKES RULES
1. INTRODUCTION
Rhino Entertainment (“Sponsor”) is offering the Al
Jarreau Flyaway (“Sweepstakes”). NO PURCHASE OR OBLIGATION IS NECESSARY.
By entering this Sweepstakes, entrants agree to abide by all terms of these
Official Sweepstakes Rules and the decisions of
2. Eligibility
This Sweepstakes is open only to individuals who are 21 years of age or older and legal residents of the
contiguous
3. HOW
TO ENTER
Sweepstakes begins at 12:01 a.m. EST on January 19, 2008 and
ends at 3:00 a.m. EST on February 2, 2008 (“Sweepstakes Period”). To
enter, participants must send an email to: newyork@thesmoothjazzstation.com. The email must include: name, address,
birthdate and phone number. Only one
email entry per email address and only one email entry per household. Emails must be received by: February
2, 2008 at 3:00 a.m. EST to be considered for the grand prize drawing. No responsibility is assumed by Sweepstakes
Entities for any technical malfunctions that may occur.
4. Winner Selection
One (1) random email entry will be selected as the grand
prize winner on February 4, 2008.
Thirty (30) email entries will win a copy of Al Jarreau-Love
Songs.
The grand prize drawing will be
conducted by an impartial representative of Sweepstakes Administrator.
5. PrizeS
One (1)
Grand Prize for two people: Airfare, hotel accommodations and tickets to
see Al Jarreau at the
Beacon Theatre in
Winner must be able to
travel around Valentine’s Day or they will forfeit the prize.
Winner
assumes all responsibility financial and otherwise necessary to get to the
airport where the flight will be booked out of.
All other expenses, including but not limited to: transfers, ground
transportation, meals and incidentals are the responsibility of the
winner.
Winner must
accept package as outlined or forfeit the prize. Prizes are non-transferable.
No cash redemption or substitution, except that Sweepstakes Entities, in their
sole discretion, reserve the right to change or replace prizes at any time with
prizes of greater or comparable value. The value of prizes may be taxable as
income. Prize winners are solely responsible for all applicable federal, state
and local taxes.
The approximate retail value (“ARV”) of the grand prize is $1500.00
6. WINNER
NOTIFICATION
Sweepstakes Administrator will attempt to notify the
prospective grand prize winner by telephone on or about February 4, 2008.
If the prospective grand prize winner cannot be contacted within 3 days of the
first attempted contact, or if eligibility requirements are not met, a
prospective grand prize winner will be deemed ineligible, and an alternative
prospective grand prize winner will be selected at random from the remaining
runner up prize winners. This winner selection process will continue through 3
rounds of selecting alternates until a grand prize winner is determined. All
prize winners will be required to complete, sign and return Affidavits of
Eligibility, Waivers of Liability and Publicity Releases. Failure to comply
with these Official Sweepstakes Rules or to claim a prize will result in
disqualification of a prospective winner and the selection of an alternate
winner.
7. General Conditions
This Sweepstakes is subject to all applicable federal, state
and local laws, rules and regulations. Entrants grant to Sweepstakes Entities
the right to use and publish their proper name, city and state online and in
print or any other media, in connection with the Sweepstakes. Acceptance of a
prize constitutes permission for Sweepstakes Entities to use winners' names and
likeness for advertising and promotional purposes without additional
compensation unless prohibited by law. Sweepstakes Entities reserve the right
to disqualify any individual they find to be tampering with the entry process
or the operation of the game; to be acting in violation of these Official
Sweepstakes Rules; or to be acting in an unsportsmanlike or disruptive manner,
or with intent to annoy, abuse, threaten or harass Sweepstakes Entities or any
other person. CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE
LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL
LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE
RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY
LAW.
8. Limitations of Liability
If for any reason the Sweepstakes is not capable of running
as planned, including, but not limited to, due to tampering, unauthorized
intervention, fraud, technical failures or any other causes beyond the control
of Sweepstakes Entities which corrupts or affects the administration, security,
fairness, integrity or proper conduct of this Sweepstakes, Sweepstakes Entities
reserve the right to disqualify any individual who causes any such problem, and
to cancel, terminate, modify or suspend the Sweepstakes. Sweepstakes Entities
assume no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, or any problem or technical
malfunctions of any telephone network or lines, or any combination thereof,
which may limit an entrant’s ability to participate in this Sweepstakes.
By entering this Sweepstakes, each entrant agrees that (i)
any and all disputes, claims, and causes of action arising out of or in
connection with the Sweepstakes or any prizes awarded, shall be resolved
individually, without resort to any form of class action; (ii) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs, associated with entering the Sweepstakes, but in no
event will attorneys' fees be awarded or recoverable; and (iii) under no
circumstances will any entrant be permitted to obtain any award for, and
entrant hereby knowingly and expressly waives all rights to, punitive,
incidental or consequential damages and/or any other damages other than actual
out-of-pocket expenses.
Each winner, by accepting a prize, agrees to release and
hold harmless Sweepstakes Entities from any and all liability, claims or
actions of any kind whatsoever, which may result from the receipt, enjoyment,
ownership or use or misuse of such 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 the entrant's claim that he/she has somehow been defamed or
portrayed in a false light).
Sweepstakes Entities do not assume any responsibility for
any schedule changes in the Sweepstakes timeline, including without limitation,
scheduling conflicts, labor strikes, Acts of God, or other unforeseen events
that disrupt the Sweepstakes schedule. Sweepstakes Entities reserve the right
to cancel, modify, or suspend this Sweepstakes.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL SWEEPSTAKES RULES
OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SWEEPSTAKES ENTITIES IN CONNECTION
WITH THIS SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ANY 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 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. EACH PERSON WHO PARTICIPATES IN THIS SWEEPSTAKES AGREES THAT
THE STATE AND FEDERAL COURTS LOCATED IN DENVER, COLORADO SHALL HAVE EXCLUSIVE
JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON
THESE OFFICIAL SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR
SWEEPSTAKES ENTITIES IN CONNECTION WITH THIS SWEEPSTAKES AND EACH HEREBY WAIVES
ANY CLAIM THAT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR
THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR
IMPROPER VENUE.
9. Winners List
For a list of winners, send a self-addressed, stamped
envelope to: Attn: Al
Jarreau Winner List, PO Box 5024, Greenwood Village, CO 80155. Requests
must be received by February 22, 2008.
Allow 2-4 weeks for delivery.
10. Sponsor
Rhino Entertainment,
11. SWEEPSTAKES ADMINISTRATOR
SWEEPSTAKES VOID WHERE PROHIBITED