Capturing My Music Sweepstakes
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCE WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. Promotion and Sponsor(s): Participation in the Capturing My Music Sweepstakes (the "Promotion") constitutes Entrant's (as defined below) full and unconditional agreement to these Official Rules. Entrant is free to disclaim their status as an Entrant, and if declared a winner, disclaim any prize, which will make them not eligible to receive any prize. The Promotion is administered by Music Audience Exchange, Inc., 2595 Dallas Parkway, Suite 440, Frisco, TX 75034 ("Administrator"). The Promotion is sponsored by Canon U.S.A., Inc., One Canon Park, Melville, NY 11747 (“Sponsor”). All decisions of Sponsor and Administrator are final and binding. While this Promotion may be promoted via social media websites, such websites are not affiliated with Sponsor or this Promotion. This Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, Snapchat or any other site or medium that might host content where information about this Promotion is posted or published (collectively "Content Hosts"). Entrant is providing his/her information only to Administrator/Sponsor and not to Content Hosts. By participating in this Promotion, you consent to receiving emails from Sponsor/Administrator, relating to the Promotion. Entry into the Promotion is free. When entering the Promotion, you may be asked to consent to receive e-mails regarding information about Canon and its products. Consenting to receive such e-mails is optional and does not have to be agreed to in order to enter the Promotion and does not improve your chances of winning.
2. Promotion Period: The Promotion begins at 12:00:00 AM CDT on June 22, 2018 and ends at 11:59:59 PM CDT on August 17, 2018 (the "Promotion Period"). Only entries submitted and received during the Promotion Period will be accepted. Administrator is the official timekeeper of this Promotion.
3. Eligibility: The Promotion is open only to legal residents, physically located and residing within the Dallas, TX; Fort Worth, TX; New York, NY; Denver, CO; Orlando, FL; Daytona Beach, FL; Melbourne, FL; Atlanta, GA; Tampa, FL; Saint Petersburg (Sarasota), FL; Fort Myers, FL; Naples, FL; San Diego, CA; and Los Angeles, CA, who are age 18 or older. Employees, contractors, directors and officers of Administrator, Sponsor, Best Buy Stores, L.P., Mat Kearney or their parent, subsidiary and affiliate companies, dealers, distributors and licensees, and the advertising, fulfillment, judging and promotional agencies involved in development and administration of the Promotion (collectively, “Promotion Parties”), as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Eligibility is contingent upon agreement to, compliance with, and fulfillment of all requirements of these Official Rules. Participation in the Promotion in any way, including submission of any entry or the partial completion of any act of entry or any other steps taken to participate in the Promotion in any manner, constitutes full and unconditional agreement with all provisions of these Official Rules.
4. How to Enter: During the Promotion Period, go to capturingmymusic.com (“Promotion Website”) and complete the official entry form with all required information. By participating in the Promotion and submitting the entry form, you will become an "Entrant." Limit one (1) eligible entry per person and per email address during the Promotion Period.
5. Conditions of Entry: By entering or participating in this Promotion, Entrant agrees to be bound by these Official Rules and the decisions of Administrator and Sponsor and its authorized representatives, which are final and binding in all matters concerning this Promotion. Entries not legitimately submitted in accordance with these Official Rules are void. Only qualified entries received by Administrator/Sponsor during the Promotion Period are eligible for participation. All entries become the property of Administrator/Sponsor and will not be acknowledged or returned.
Entrants may be required to provide the following personal information in order to submit the official entry form and be eligible for a prize: first, middle and last name, month, day and year of birth, email address, complete mailing address (including city, state or province, and zip or postal code), and phone number (including area code) (collectively or individually, "Personal Information"). All requested Personal Information must be provided to participate in the Promotion and to be eligible to win a prize. Unintelligible entries; entries with incomplete, invalid, incorrect or noncurrent information; entries that are counterfeit, damaged or tampered with in any way; and entries with printing, production or typographical errors will be disqualified. Disqualified entries and entries that are late, lost, damaged, misdirected, stolen or not delivered are not the responsibility of Administrator/Sponsor and will be disqualified. Administrator/Sponsor is not responsible if potential winners do not receive their prize because erroneous, expired, canceled, fraudulent or fake information was provided during Promotion. Proof of sent entry and/or entry receipt (such as a copy of a "thank you" screen or message) does not constitute proof of actual receipt of entry by Sponsor for purposes of this Promotion.
Participation must be by an individual Entrant. Participation by any other individual or entity, and/or originating at any other website, email address or phone number, including, but not limited to, commercial promotion, subscription notification and/or promotion entering service sites, is invalid and will be disqualified from this Promotion. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple email addresses, phone numbers, identities, registrations or logins; entries through a sweepstakes club or similar entity; or any other unauthorized method of entry will void all of Entrant's entries and Entrant will be disqualified from the entire Promotion. Submitting mass entries or entries generated by an automated program, script or macro, or the use of any other similar device, program or method to enter this Promotion is prohibited and will result in disqualification.
In the event of a dispute as to the identity of Entrant, the authorized account holder of the email address used to enter will be deemed to be Entrant. The potential winners may be required to show proof of being the authorized account holder. The "authorized account holder" of an email address is the natural person assigned to that email address by a service provider or any other organization (business, educational institution, etc.) responsible for assigning accounts to that email address. If the identity of the individual who actually participated in the Promotion cannot be resolved to Administrator/Sponsor's satisfaction, the affected individual's entry will be deemed ineligible.
Administrator/Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be in violation of these Official Rules, tampering with the entry process or the operation of the Promotion (including, but not limited to, tampering with websites, email addresses or phone numbers), or acting in an unsportsmanlike or disruptive manner. Any attempt to undermine the operation of the Promotion may be a violation of criminal and civil law, and Sponsor reserves the right to seek damages to the fullest extent permitted by law from any person it finds to have made such an attempt.
6. Prize: There are two (2) Grand Prizes packages available to be won. Each Grand Prize package consists of the following:
A trip for one (1) winner and one (1) guest to an upcoming Mat Kearney concert in the continental United States between August 17th and October 31st. (approx. retail value: $1,500);
A VIP experience for the winner and his/her guest to attend the Mat Kearney concert with a meet & greet with Mat Kearney (approx. retail value: $250);
A hands-on tutorial with a Canon representative on how to use the Canon EOS M50 digital camera (approx. retail value: $250);
Exclusive access to take photo/videos with the Canon EOS M50 camera during the concert.
The trip will consist of round trip, coach-class air transportation for the winner and guest between the major airport nearest to the winner’s home and an airport in or near the destination and a one (1) night stay at a hotel selected by Sponsor (one standard room, double occupancy; room rate and taxes only; size and type of room determined by Sponsor in its discretion). The winner and his/her guest must travel on the same itinerary. The winner may elect not to bring a guest. All travel arrangements will be made by Administrator/Sponsor or its agents. The specific date, location and concert details and all other prize details will be determined by the Administrator/Sponsor in its discretion. If in the judgment of Sponsor air travel is not required due to winner's proximity to the trip destination, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. If in the judgment of Sponsor hotel accommodations are not required due to the winner’s proximity to the trip destination, hotel accommodation will not be provided at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the prize winner.
Approximate Retail Value (“ARV”) of each Grand Prize: $2,000, which will vary depending upon point of departure and destination and seasonal fluctuations of ground transportation, hotel rates and airfares. If the actual value of the prize is less than the stated ARV, the difference will not be awarded.
Total ARV of all Grand Prizes: $4,000
Actual value of prize may vary. All additional costs, including, but not limited to ground transportation, security fees, gratuities, tips, taxes, and other personal charges not specifically described as part of the prize above are not included in the prize. Travel guests must sign and return any release required by Administrator/Sponsor before any ticketing of travel occurs. Travel arrangements subject to availability and restrictions may apply. No compensation or substitution will be provided for any difference in prize value. Administrator/Sponsor shall in no way be responsible for any cancellations, delays, postponements, diversions, substitutions, changes in service or accommodations, or any other act, omission, or result thereof, caused by any third party. All prizes must be accepted as awarded without substitution and are not, in whole or in part, assignable, transferable or available for resale. Prizes have no cash surrender value, except where required by law. Sponsor has made no warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize. This includes, without limitation, any warranty, representation or guarantee related to any prize's quality or fitness for a particular purpose. Prizes are subject to availability and Administrator/Sponsor reserves the exclusive right to substitute a prize (or a component thereof) with another prize (or component thereof) of equal or greater value if the prize is not available for any reason, as determined in Administrator/Sponsor 's sole discretion. Federal, state, and local taxes and all other costs and expenses associated with acceptance and use of any prize not specified herein as being awarded are the winner's sole responsibility. An IRS form 1099 will be issued to the winner if required by law. Prize specific terms and conditions may apply.
If the winner or the winner's guest elects not to partake in any portion of the prize, any remainder of the prize that is unused will be forfeited and will not be subject to further or additional compensation. The winner and guest must have no restrictions on his or her ability to travel and/or fully participate in the prize. The winner and guest are responsible for obtaining proper documentation prior to travel. Administrator/Sponsor are not responsible if the winner or guest is denied entry into, or removed from, any hotel or event venue. In such situation, the winner and/or guest will be responsible for all additional costs incurred. The winner and guest must obey all hotel and event venue rules and requirements including, but not limited to, the requirement to present photo identification and/or a major credit card upon arrival. Failure to do so may result in non-admission to, or removal from the hotel or event venue, and/or forfeiture of all or part of the prize.
Administrator/Sponsor may, in its sole discretion, restrict the celebrity interaction portion of the prize in any manner, including, without limitation, length of time and number, type, or availability of photographs, videos, and autographs. Personal appearance by Mat Kearney is subject to change based on availability. Winners or guests with a known negative history, in Sponsor’s sole discretion, may be excluded from the celebrity interaction portion of the prize. Winner must be age 18 or older. Winner’s guest must be age 18 or older (except residents of Alabama or Nebraska, 19 or older).
In the event any prize event is cancelled or otherwise does not occur, the prize associated with that event will not be awarded, and any prize already awarded for that event will be forfeited and no additional compensation will be provided to the winner or the winner's guest. In the event that any prize event is rescheduled or postponed, the prize associated with that event will be awarded for the rescheduled date.
Any prize details not specified above will be determined by Administrator/Sponsor in its sole discretion. If a winner is disqualified, not eligible or for any other reason cannot accept the prize as stated, then Sponsor may randomly select a new winner from the pool of eligible Entrants. The winners and guests will be required to submit, where legal, a completed and signed Affidavit of Eligibility and Liability & Publicity Release (the "Release"), along with a properly completed U.S. Department of the Treasury Internal Revenue Service Form W-9, within the required time period to be eligible to receive any prize (if applicable; required time period will be communicated in the Release).
Only the number of each prize set forth in these Official Rules will be awarded. In the event that technical or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator/Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, unawarded, eligible prize claims.
7. Winner Determination and Verification: On or about 08/22/2018, Administrator will select two (2) potential winners in a random drawing from the pool of all eligible entries received during the Promotion Period (the “Prize Drawing”).
The potential winners and the winner's guests are each subject to eligibility verification, on an ongoing basis, by Administrator/Sponsor, whose decisions are final and binding. An Entrant is not a winner of any prize, even if notified of being a winner and/or issued any item of value, unless and until Entrant's eligibility has been, and continues to be verified to the satisfaction of Administrator/Sponsor.
To be verified as eligible to receive a prize, the potential winners and the winner's guests must fulfill all requirements and continue to comply with all terms and conditions of these Official Rules, and not be disqualified for any reason. The potential winner will be notified by email or phone (subject to Administrator/Sponsor's discretion). If the potential winners of the prize cannot be contacted using the information provided or fails to respond to Sponsor's attempt to notify them of selection within a timeframe designated by Administrator/Sponsor; if any prize or notification is returned as undeliverable or yields an error or undeliverable type "bounce back" email (regardless if the message is ultimately delivered to the recipient); if the potential winners fail to sign and return the Release or any other required documentation in the specified timeframe or fails to comply with these Official Rules; if the potential winners are unable or unwilling to accept the prize as stated; or if the potential winners cannot be verified as eligible for any other reason at any time before, during or after the Promotion Period, the potential winners are disqualified and forfeit the prize and alternates will be selected.
In the event that an Entrant is disqualified for any reason, the foregoing process will be repeated until the prize is awarded or until three (3) attempts have been made to award the prize and each attempt has failed. Administrator/Sponsor will identify the potential winners and verify the potential winners' and guests' eligibility. If unable to verify the potential winners' eligibility, Administrator/Sponsor will select alternative potential winners within a reasonable time thereafter, provided sufficient time remains to verify alternate winners and ticket prizes, otherwise prizes will not be awarded. If Sponsor is unable to verify the guest's eligibility, the winners will be required to select a different guest or forfeit the guest's portion of the prize.
In any case, the final winners will be determined, and the prize will be awarded, within a reasonable time after the end of the Promotion Period. The name of the winners may be obtained by printing the requestor's name, address, city, state and zip code on a 3x5" postcard and mailing it to Music Audience Exchange, Inc., Attn: Capturing My Music Sweepstakes Winner List, 2595 Dallas Parkway, Suite 440, Frisco, TX 75034. Requests must be received by 11/15/2018. Limit one (1) request per person, per household.
Odds of winning any prize depend on the number of eligible entries received.
8. Limitations of Liability; Release and Assumption of Risk: BY ENTERING OR PARTICIPATING IN THIS PROMOTION IN ANY WAY, EACH ENTRANT, WINNERS AND WINNER'S GUESTS AND HIS OR HER HEIRS, EXECUTORS, GUARDIANS, ASSIGNS, AGENTS AND REPRESENTATIVES AGREES TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS ADMINISTRATOR, SPONSOR, BEST BUY STORES, L.P., MAT KEARNEY AND CONTENT HOSTS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, VENDORS, SUCCESSORS, ADVERTISING OR PROMOTIONAL AGENCIES AND DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY'S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AS WELL AS THE IMMEDIATE FAMILY (SPOUSE, PARENTS, SIBLINGS AND CHILDREN) AND HOUSEHOLD MEMBERS OF EACH SUCH INDIVIDUAL (COLLECTIVELY, THE "RELEASED PARTIES") FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION RELATED TO THIS PROMOTION AND AGREES NOT TO ASSETS ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDING AND DEMANDS ARISING OUT OF OR RELATING TO THE CONDUCT OF OR THE ENTRANT’S PARTICIPATION IN THE PROMOTION, THE ACCEPTANCE OR USE OF THE PRIZE, TRAVEL RELATED TO AND/OR ATTENDANCE AT THE MAT KEARNY CONCERT, THE USE OF ANY ENTRY BY ANY OF THE RELEASED PARTIES OR ANYONE AUTHORIZED BY ANY OF THE RELEASED PARTIES OR ANY OTHER EXERCISE BY ANY OF THE RELEASED PARTIES OF THE RIGHTS GRANTED HEREIN, AND ALL LIABILITIES, LOSSES, INJURIES AND/OR DAMAGES ARISING OUT OF OR RELATING TO THE SAME. THE FOREGOING INCLUDES, WITHOUT LIMITATION, ANY CLAIMS, ACTIONS, SUITS, PROCEEDINGS OR DEMANDS BASED UPON OR ALLEGING INFRINGEMENT OF ANY RIGHT OF PUBLICITY OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS OR DAMAGE TO ANY PERSON, INCLUDING DEATH AND DISABILITY; DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (INTENTIONAL AND UNINTENTIONAL); INVASION OF PRIVACY; AND DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF SUCH ENTRANT'S PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE, NON-USE OR MISUSE OF ANY PRIZE, ANY TRAVEL RELATED TO AND/OR ATTENDANCE AT THE MAT KEARNY CONCERT. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION. (SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES. CHECK LOCAL LAWS FOR RESTRICTIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.) ENTRANTS ASSUME ALL LIABILITY FOR AND RISK OF ANY INJURY OR DAMAGE CAUSED, OR CLAIMED TO BE CAUSED, BY PARTICIPATION IN THIS CONTEST, TRAVEL REALTED TO OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY OR USE OF ANY COMPONENT OF THE PRIZE.
Entrants waive any right to claim ambiguity in these Official Rules. The Released Parties are not responsible for: (1) technical failures of any kind; (2) incorrect or inaccurate information, whether caused by Entrants, any internet or email service provider, any promotional or advertising agency, printing or computing errors, or by any of the equipment or programming associated with or utilized in the Promotion; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error that may occur in the administration of the Promotion, the processing of entries or the announcement of the winners and prize; (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, by Entrant's participation in the Promotion; (6) the receipt, use or misuse of any prize; or (7) any other errors in any materials, information or announcements associated with the Promotion. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted by Sponsor, Entrant's sole remedy is another entry in the Promotion, subject to availability and provided that the Promotion has not then expired.
EACH ENTRANT, WINNER, AND WINNER’S GUEST WAIVES CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” EACH ENTRANT, WINNER, AND WINNER’S GUEST REPRESENTS AND WARRANTS FULL UNDERSTANDING OF, AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF, WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES).
9. Licenses from Entrant and Guest. To the extent allowed by law, participation in the Promotion in any way and/or acceptance of, or participation in, any prize constitutes each Entrant's, the winner's, and the winner's guest's irrevocable consent for, and grant of a non-exclusive, sub-licensable and assignable license to Administrator/Sponsor, and their authorized designees, to use, publish, post, or display Entrant’s name, likeness, photograph, voice, opinions, statements, prize information, biographical information, and/or hometown and state, province, or territory, regardless of whether altered, modified, distorted, edited, or used alone or with other material, in Administrator/Sponsor’s sole discretion, for promotional, advertising, trade, and publicity purposes in any medium now known or later discovered, worldwide and in perpetuity, without review or approval by Entrant, and without further notice, payment, or consideration of any kind to Entrant.
All rights, consents and licenses granted to Administrator/Sponsor under these Official Rules will survive the termination of this Promotion. Entrant's consent and license may only be revoked in writing, and the mere ending of this Promotion or Promotion Period is not sufficient to revoke such consent or license.
10. Right to Modify or Cancel: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event any provision is found invalid or unenforceable, these Official Rules will otherwise remain in effect in accordance with their terms as if the invalid or unenforceable provision was never included. Administrator/Sponsor's failure to enforce any term of these Official Rules does not constitute a waiver of that provision.
Administrator/Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any mistake, clerical or typographical error, omission, fraud, technical failure, tampering, computer virus or other factor, technical or otherwise, beyond Administrator/Sponsor's reasonable control, impairs Administrator/Sponsor's ability to properly conduct the Promotion, as determined by Administrator/Sponsor in its sole discretion, subject to any applicable law or regulation. In such event, Administrator/Sponsor reserves the right, but not the obligation, to award any applicable prize(s) by random drawing from among the eligible entries received up to the time of the cancellation, suspension or modification of the Promotion. Inclusion in such random drawing is Entrant's exclusive remedy under such circumstances.
All rights, consents and licenses granted to Administrator/Sponsor under these Official Rules will survive the termination of this Promotion. Entrant's consent and license may only be revoked in writing, and the mere end of this Promotion or Promotion Period is not sufficient to revoke such consent or license.
11. Disputes: Except where prohibited by law, Entrant agrees that: (1) all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded will be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court located in Suffolk County, New York; and (2) all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights or obligations of Entrant or Sponsor in connection with the Promotion, are governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules, no matter what jurisdiction, that would cause the application of the laws of any jurisdiction other than as stated.