OFFICIAL RULES OF THE OHIO LOTTERY BLOSSOM MUSIC CENTER OH T2W PROMOTION.
This Promotion Rules apply generally to all in-venue text-to-win Promotion (“Promotion”) that occur within Live Nation owned and/or operated venues. However, certain Promotion in such venues may have rules written specifically for a particular game, which may differ. In case of conflict with these general rules, rules written specifically for a game will govern.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT’S ODDS OF WINNING. THIS PROMOTION IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE STATE OF OHIO, AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. ENTRY IN THIS PROMOTION CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. PROMOTION NAME: OHIO LOTTERY BLOSSOM MUSIC CENTER OH T2W PROMOTION (“Promotion”). VOID WHERE PROHIBITED BY LAW.
SPONSOR and ADMINISTRATOR: The Sponsor of the Promotion is Ohio Lottery (“Sponsor”). The administrator of the Promotion is Live Nation Marketing, Inc. (“Administrator”). Sponsor and Administrator are collectively referred to herein as “Promotion Entities.” Administrator will conduct the Promotion substantially as described in these Official Rules. By participating in the Promotion each entrant agrees as follows:
ENTRY PERIOD: The Promotion will occur during the period indicated in the Promotion announcement on the venue screen and/or monitor, and running on public event dates only from 12:00 PM ET to 7:30 PM ET. Although entry attempts to enter outside the periods indicated may be received, entries will not be eligible.
METHOD OF ENTRY: To enter the Promotion, entrants must do one of the following:
A. Via Text Message: Send a text message with the Keyword OHNATION to shortcode 404040. You may be charged text and data rates for the text messages sent and received from your handset according to the terms in your Wireless Calling Plan. Text Messaging and wireless service are not available in all areas. Text "STOP" to 404040 to opt out or "HELP" to 404040 for more information. Sponsor reserves the right to transmit one (1) winner and one (1) non-winner message to each entrant at the conclusion of the Promotion. Sponsor reserves the right in its sole discretion to disqualify any text message entry at any time that, in Sponsor’s opinion, does not comply with these Official Rules. If you are a minor under the law of your jurisdiction of residence, you must have permission of your parent or guardian to enter the Promotion using the text messaging method.
B. Via In-person: Enter by completing the registration form at Guest Services adjacent to the box office at Blossom Music Center in Cuyahoga Falls, OH. You will be asked to provide basic contact information, including your name, age, email address and/or telephone number.
One entry per valid mobile telephone number or email address will be entered into the Promotion. Although subsequent attempts to enter may be received, only entrant’s first entry during the specified Promotion entry period will count. No third party entry or entry through Promotion service permitted. All entries become the property of the Administrator and none will be acknowledged or returned. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Administrator, will be disqualified.
If, in the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, and/or the Promotion is not capable of being conducted as described in these Official Rules, Promotion Entities shall have the right, at their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Promotion, and conduct a random drawing to select the prize winners from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by Promotion Entities. Promotion Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law.
ELIGIBILITY: The Promotion is open only to natural persons who are legal residents of the State of Ohio and who are at least eighteen (18) years of age at the time of entry. Promotion may only be entered from and in eligible jurisdictions. Promotion Entities and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, and any entity involved in the development, production, implementation, administration, judging or fulfillment of the Promotion including, without limitation, the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. In the event of a dispute as to the identity of an entrant, entry will be declared made by the registered account holder submitted at the time of entry. The registered account holder is deemed to be the natural person who is (i) assigned the submitted mobile telephone number by a telephone company or wireless service provider that is responsible for assigning wireless phone numbers for the telephone exchange associated with the submitted telephone number, or (ii) assigned the submitted e-mail address by the relevant Internet service provider, online access provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. With respect to any winning entry, the winner may be required to provide Administrator with proof that the person is the registered account holder of the mobile telephone number, Twitter account, Facebook account or e-mail address, as applicable, associated with the winning entry. By entering the Promotion, entrants agree to comply with and be bound by these Official Rules and the decisions of the judges which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Promotion.
PRIZES: One (1) Grand Prize will be awarded each night, each prize consisting of two (2) reserved seat upgrades at Blossom Music Center in Cuyahoga Falls, OH valid only on night won. An alternate prize consisting of two (2) reserved tickets to winner’s choice of one (1) upcoming concert at Blossom Music Center in Cuyahoga Falls, OH during the 2013 Amphitheatre season will be awarded if winner’s tickets are better than the Prize ticket upgrades, in which case, winner must select the concert at time of prize acceptance. Seat locations are at Promotion Entities sole discretion. Winner and guest(s) must abide by all venue policies. Parking, travel and accommodations not included. Promotion Entities reserve the right to not award any prize to, or to revoke full or partial prize from, any winner or winner’s guest who Promotion Entities and/or venue personnel deem may, in their sole discretion, be intoxicated, be a safety risk, have violated any venue policy or law, and/or may bring Promotion Entities into disrepute. The prize is non-transferable and resale of tickets is prohibited. Approximate Retail Value of each Grand Prize is: Seventy-Five Dollars ($75).
There will be only one prize per winner. Lost or stolen prizes will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and all additional expenses including, without limitation, travel expenses, if any, are the sole responsibility of winner. Prizes may not be transferred or assigned except to a surviving spouse living in the same household. Only listed prizes will be awarded and no substitutions or cash equivalents or redemption will be made, except that Administrator reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prize cannot be used in conjunction with any other promotion or offer. Winners agree to accept the prize “as is”, and entrants hereby acknowledge that Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize.
Any valuation of the prize(s) stated above is based on available information provided to Administrator and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes. Each winner must provide Administrator with a valid taxpayer identification number or social security number before any prize will be awarded. A Form 1099 will be issued to the winner for value of prize $600 or more. Prizes are not transferable, redeemable for cash or exchangeable for any other prize.
SELECTION OF WINNERS: Winners will be selected on or about 7:30 PM ET the day each Promotion is announced, in a random drawing from among all eligible entries received. The drawing will be conducted by Administrator, whose decisions and interpretations on all matters relating to the Promotion and these Official Rules are final and binding in all respects. Administrator reserves the right to disqualify any participant or winner and may refuse to award any prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means. All potential winners are subject to verification by Administrator. An entrant is not a winner of any prize, even if the Promotion should so indicate, unless and until entrant’s eligibility has been verified and entrant has been notified that verification is complete. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Any play that occurs after the system has failed for any reason is deemed a defective play and is void and will not be honored.
Odds of winning a prize depend on the number of eligible entries received. Potential winners will be notified by telephone and/or e-mail and must meet all eligibility requirements. Return of a prize or prize notification as undeliverable, or inability of Administrator to contact a potential winner by telephone or e-mail within twenty (20) minutes of selection, may result in disqualification of such potential winner, and an alternate winner may be selected by random drawing at Administrator’s discretion. In the event a winner declines a prize, Administrator may, at its discretion, select an alternate winner by random drawing. In such case, up to three (3) alternate drawings may be held, time permitting, after which the applicable prize will remain unawarded.
PUBLICITY, PRIVACY & PRIZE NOTIFICATION: Except where prohibited by law or regulation, by submitting an entry, entrant grants the Administrator a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, and likeness in connection with the promotion of this and other Promotion, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for the Administrator’s use thereof, unless prohibited by law. Entry into this Promotion may require entrant to enter its email address and certain other personal information. Entrants are informed that the personal data collection in connection with this Promotion will be collected by Administrator’s servers and computer systems, which are based in the United States and such collection will therefore be subject to applicable United States laws. You may withdraw your personal data upon request; however, you will be disqualified as an entrant in this Promotion if you withdraw your personal data prior to the determination of the winner(s) and fulfillment of the prize(s). If entrant opts in, entrant agrees that Administrator may use and disclose to third parties personal information obtained from entrants for marketing purposes. Winners may be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, which must be returned, properly executed, within three (3) days of issuance of prize notification. If these documents are not returned properly executed, or are returned to Administrator as undeliverable, or if any given prize winner does not otherwise comply with the Officials Rules, the prize will be forfeited and awarded to an alternate winner.
GENERAL CONDITIONS/RELEASE: The Promotion is void where prohibited by law and is governed by the laws of the United States of America. The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually received during each specified Promotion entry period, will be included in the prize drawing. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Administrator of an entry for purposes of these Official Rules. By participating, entrants (a) release Promotion Entities, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by participation in the Promotion, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability. Neither Promotion Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant's or any other person's computer or television related to or resulting from participation in this Promotion.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Promotion Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Promotion is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of and/or Promotion Entities, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Promotion Entities reserve the right at their sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Promotion. In the event of any cancellation, termination or suspension, the determination of the winners will be made, from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as Promotion Entities determine in their sole discretion. Entries not complying with all rules are subject to disqualification.
DISPUTES: Entrants and guests agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion for prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Central District of California or the appropriate California State Court located in Los Angeles County, California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and 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, entrant's rights and obligations, or the rights and obligations of the Promotion Entities in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.
WINNER’S LIST: A winner’s list is available only within sixty (60) days after the close of the Promotion. Mail request to OHIO LOTTERY BLOSSOM MUSIC CENTER OH T2W WINNERS LIST, C/O Live Nation, 7060 Hollywood Blvd., Hollywood, CA 90028, Attention: Sweeps Dept. In order to obtain a winner’s list, where permitted by law, send your written request and a self-addressed, stamped envelope.
MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or Promotion Entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Promotion Entity or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
The Promotion and all accompanying materials are © 2013 Live Nation Worldwide, Inc.
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