MONTANANS FOR TESTER “BEST SEATS IN THE WORLD” SWEEPSTAKES
OFFICIAL RULES
Important: Please read these Official Rules before entering this online promotion (the “Promotion”).
By participating in the Promotion, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE, PAYMENT, OR FINANCIAL CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.
1. Eligibility. PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION WILL NOT INCREASE ODDS OF WINNING. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO INDIVIDUAL UNITED STATES CITIZENS AND LAWFUL PERMANENT U.S. RESIDENTS WHO ARE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA AND OVER THE AGE OF 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). BUSINESSES, CORPORATIONS, NATIONAL BANKS, FEDERAL CONTRACTORS, LABOR ORGANIZATIONS OR OTHER ENTITIES ARE NOT ELIGIBLE TO ENTER OR WIN A PRIZE, NOR MAY ANY INDIVIDUAL ENTER ON BEHALF OF ANY SUCH ENTITIES. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND MONTANANS FOR TESTER (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win the prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply.
2. Disclaimer. Sponsor, all participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.
3. Promotion Period. The Promotion starts at 12:00 a.m. (all times Eastern Time) on June 12, 2012 and ends at 11:59 p.m. on August 24, 2012 (the “Promotion Period”). All entries must be received during the Promotion Period to be eligible to win a prize.
4. Prizes. One (1) winner will receive the following prize (the “Prize”): A seat on the stage, with a guest, at the September 30, 2012, Pearl Jam Concert in Missoula, Montana, along with backstage passes and admission to pre-show events (approximate retail value $3410.00 per prize).
The Prize includes round-trip transportation to and from the location of the concert and hotel expenses. Each winner is responsible for all other expenses that such winner incurs in connection with accepting the Prize.
5. Odds; Taxes; Etc. Odds of winning a prize depend on the number and quality of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF WINNER. All prizes will be awarded. The prize may be forfeited and awarded to an alternative winner if the winner affidavit and release materials (see Sections 11 and 12 below) are not returned as required by winner or if two (2) attempts to contact winner by phone and/or e-mail are not successful. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Limit one prize per household or address. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service 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. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
7. How to Enter. Participants may enter as follows:
(a) Free Online Entry Method: To enter via the free online entry method, visit https://live-jon-tester-migrate.pantheonsite.io/landing/pj/ and complete and submit an online entry form during the Promotion Period.
(b) Contribution Method: We are asking for a donation of up to $2,500 from individuals per election to Montanans for Tester. Contributions in any amount from corporations, labor organizations, national banks, federal contractors, and foreign nationals are prohibited. To enter by contributing money to Sponsor, complete and submit the contribution form at http://action.jontester.com/e1209PJ during the Promotion Period. No minimum contribution is necessary to enter. Entering via the contribution method will not increase your chances of winning the prize.
For All Entry Methods: Failure to submit all required information in the manner required in these Official Rules and/or any entry or contribution form may result in disqualification. Proof of contribution or online entry will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries are subject to verification by Sponsor. Entries will not be acknowledged or returned. By entering the Promotion, you consent to being placed on an e-mail mailing list for promotional and other purposes.
8. Promotion Rules. The winners will be determined by a random drawing from all eligible entries to be held at Montantans for Tester Headquarters on August 24, 2012. Potential winners will be notified by phone or e-mail by August 31, 2012. To claim the prize, each potential winner should follow the instructions contained in his/her notification.
9. Federal Election Campaign Act Compliance. You hereby represent and warrant that all equipment, materials and facilities used to enter the Promotion are owned by you and were not provided by a corporation, labor union, foreign national or federal contractor.
10. General Release. By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
11. Use of Winner Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use each winner’s name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, each winner may be required to execute a consent to the use of his or her name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
12. Affidavit & Release; Background Security Check. As a condition of being awarded any prize, each winner will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion. Each winner’s guest will be required to execute and deliver to Sponsor a signed release of liability, affirming that he or she is either 18 years of age (or the age of majority under applicable law) or the child or legal ward of the winner. Sponsor may, at its option, conduct a background check on each potential winner and guest. Sponsor reserves the right to disqualify any person from receiving any prize, or attending the event as a guest, based on such background check if Sponsor determines, in its sole discretion, that awarding any prize to such potential winner, or permitting the attendance of such potential guest, could result in a safety or security risk to any person or persons or could result in the disruption of any event associated with the Promotion.
13. Winner List; Rules Request. For a copy of the winner list, visit https://live-jon-tester-migrate.pantheonsite.io/pearljam/ or send a stamped, self-addressed, business-size envelope after September 4, 2012 and before September 4, 2013 to Sponsor at the address listed below, Attn:”Best Seats in the World”Winner List. To obtain a copy of these Official Rules, visit https://live-jon-tester-migrate.pantheonsite.io/pearl-jam-contest-rules/ or send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: “Best Seats in the World” Rules Request. Residents of VT may omit return postage.
14. Intellectual Property Notice. The Promotion and all accompanying materials are copyright © 2012 by Montanans for Tester. All rights reserved.
15. Miscellaneous. The Promotion and these Official Rules will be governed, construed and interpreted under the laws of Montana, U.S.A. without regard to its or any other jurisdiction’s choice of law provisions. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. If you have any questions about these Official Rules or the Promotion, please e-mail them to concert@jontester.com or send written questions to the address listed below, Attn: “Best Seats in the World” Questions.
16. Sponsor: Montanans for Tester, P.O. Box 3171, Billings, MT 59103.
