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Contest rules: 2013 New England Superfan


Contest rules: 2013 New England Superfan
OFFICIAL RULES
New England Superfan PROMOTION
OFFICIAL RULES

OVERVIEW: The PROMOTION will consist of three (3) separate weekly random drawings in which one (1) weekly prize will be awarded (the “Sweepstakes”) Non-winning entries will be rolled over to the next weeks drawing. The PROMOTION will also include a contest in which one (1) grand prize will be awarded at the end of the Promotion Period (the “Contest”). Sweepstakes and Contest shall be collectively referred to as the “Promotion”. If entry is done by use of a mobile device, you may incur message and data fees. Check with your service provider to determine if any fees will be due.

NO PURCHASE NECESSARY TO ENTER OR WIN THIS PROMOTION. A purchase will not increase your chances of winning. Void where prohibited or restricted by law. SPONSOR. Boston.com, 135 Morrissey Blvd., Boston, MA 02125.

1. TIMING: The PROMOTION begins at 12:00 a.m. Eastern Standard Time ("EST") on May 6th 2013 and ends at 11:59 p.m. EST on May 27, 2013 ("PROMOTION Period"), and will be divided into three (3) weekly Sweepstakes entry periods, with each entry period beginning at 12:00 a.m. EST on Monday and ending at 11:59 p.m. EST on Sunday (each, a "Weekly Entry Period"). Sponsor's clock is the official clock for the PROMOTION.

2. HOW TO ENTER THE SWEEPSTAKES: Visit boston.com/superfan (the "PROMOTION Page) and follow the on-screen instructions to submit an “Entry”. One Entry permitted per person. Limit of one weekly prize and one Grand Prize per Entry. If you submit more than one entry, the first entry will stand as your entry. Entries must be received no later than 11:59 pm EST on the Sunday of the Weekly Entry Period and become the sole property of the Sponsor and will not be returned.

3. HOW TO ENTER THE CONTEST: In order to enter the Contest in addition to completing an Entry, you must also express in 140 words or less a story about your first concert (“Essay”). You may also, at your option, submit a photo or video subject to the following requirements: If entry includes a photo submission (“Photo”), the Photo must be jpg format and no more than 10 MBs. If Entry includes a video submission (“Video”), a video link to your YouTube or Brightcove page must be included. Essay, Photo and Video are to be referred to as a “Submission”. Entry and Submission shall hereinafter be referred to as a “Contest Entry”.

SUBMISSION REQUIREMENTS. Submissino must comply with the following additional guidelines:

i. Essay must be no longer than 140 word and in the English language
ii. The Submission may not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion.
iii. The Submission must be your original work, created solely by you, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity. iv. If any persons appear in the Submission, you are responsible for obtaining, prior to sending the Entry, any and all releases and consents necessary to permit the exhibition and use of the Submission by Sponsor as set forth in these Official Rules. If any person appearing in any Submission is under the age of majority in their state, country or province of residence, the signature of a parent or legal guardian is required on each release.
v. The Submission must not contain any personally identifiable information of any person other than you. Should you include personally identifiable information about yourself in your Entry, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof.
vi. You may not be, nor may you work with parties in conjunction with your Submission, who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor's ability to display the Submission in any media form; 2) have an acting or modeling contract that would make their appearance in the Submission a violation of any third party rights; or 3) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Contest, or from allowing Sponsor to use the Submission royalty-free, worldwide in all media in perpetuity. vii. The Submission must not contain any commercial content or logos.
vii. The Submission may not contain any material or elements that are not owned by you and/or which are subject to the rights of third parties.

By submitting your Entry and/or Contest Entry, you agree that it conforms to these Official Rules and that Sponsor, in its sole discretion, may disqualify you for any reason at any time, including if Sponsor determines, in its sole discretion, that you fail to conform to these Official Rules in any way, in its sole discretion. In addition, by submitting an Entry, you hereby grant permission for the Entry and Contest Entry to be posted online, at Sponsor’s websites or other websites at Sponsor’s sole discretion. You agree that Released Parties (as defined below) are not responsible for any unauthorized use of your Entry or Contest Entry by third parties. Released Parties do not guarantee the posting of any Entry or Contest Entry. You agree that you will not use the Entry or Contest Entry for any other purpose, including, without limitation, posting to any online social networks, without the express consent of Sponsor in each instance.

4. ELIGIBILITY: To enter the PROMOTION, you must be (i) a legal resident of Connecticut, Massachusetts, Maine, New Hampshire, Rhode Island or Vermont (the "Eligibility Area"), and (ii) 18 years of age or older at the time of entry. Sponsor, and all Prize providers associated with the PROMOTION, and all of their respective affiliates, parent, and subsidiary companies, distributors, divisions and their participating advertising, production and promotion agencies (collectively, "PROMOTION Entities"), and each of their respective officers, directors, employees, and participating representatives and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) are ineligible to participate in this PROMOTION. Eligibility will be determined by Sponsor in its sole discretion.

5. a. WEEKLY DRAWINGS, NOTIFICATION and ODDS: This PROMOTION consists of six (6) weekly random drawings ("Weekly Drawings") as indicated in the chart below. One (1) potential weekly winner (“Potential Weekly Winner”) will be randomly selected in a Weekly Drawing as indicated in the chart below from all eligible entries received for that Weekly Entry Period.

Week Entry Start Date at 12:00 am EST Entry End Date at 11:59 am EST Drawing Date
1 5/6/13 5/12/13 5/13/13
2 5/13/13 5/18/13 5/20/13
3 5/20/13 5/26/13 5/27/13

Odds of winning depend on the total number of eligible Entries received for the applicable drawing. Non-winning Entries from each Weekly Drawing will not roll over into the subsequent Weekly Drawings.

Entrants selected in each Weekly Drawing will be deemed a Potential Weekly Winner and will be notified by e-mail to Potential Winner's email address supplied in his/her Entry, within approximately forty-eight (48) hours of the Weekly Drawing. If a Potential Weekly Winner cannot be contacted or does not respond within five (5) days of the first attempt, such Potential Weekly Winner and Entry will be disqualified and another Potential Weekly Winner for that applicable drawing may be selected from the remaining eligible Entries received. Sponsor is not responsible for any failure of delivery of the Prize notification through email. Sponsor reserves the right to modify the scheduling of the PROMOTION without prior notification.

b. CONTEST JUDGING, WINNER SELECTION and NOTIFICATION: All eligible Contest Entries which contain an Essay during the PROMOTION Period will be judged by a panel of qualified judges from boston.com and Live Nation staffers on a scale of 1 to 10 (1 being the lowest) based on the following criteria: (i) Originality; (ii) Creativity; and (iii) Quality of idea expressed. The Contest Entry with the highest score will be deemed the Potential Winner of the grand prize. In the event of a tie, an additional “tie-breaking” judge will determine the Potential Winner of the grand prize based on the criteria listed herein. Sponsor reserves the right not to award the prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Contest Entries. Prize awards are subject to verification of eligibility and compliance with these Official Rules.

By submitting a Contest Entry, you agree that: (a) your Contest Entry will be shared for judging purposes; and (b) your Entry and/or Contest Entry will be shared with prize provider for prize fulfillment purposes. Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Promotion. Potential Winner of the grand prize will be notified by telephone, mail and/or email.

6. QUALIFICATION OF WINNER: Before a Potential Winner of the grand prize will be deemed an Official Winner, he/she will be required to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (the "Affidavit/Release") and any other legal documents that Sponsor may require within seven (7) business days from the date Sponsor sends such documents to the Potential Winner or be subject to disqualification. The Potential Winner must be able to provide proof that the Potential Winner is eligible to be deemed an Official Winner to Sponsor's satisfaction. If the documents are not returned within that time, or Potential Winner or Official Winner is found to be ineligible, or does not comply with the Official Rules, he/she will be disqualified and an alternate Potential Winner may be selected. A Prize notification being returned as undeliverable will result in disqualification of such Potential Winner.

7. PRIZES AND APPROXIMATE RETAIL VALUES:

a. THREE (3) WEEKLY SWEEPSTAKES PRIZES: Each Weekly Prize Winner selected from each Weekly Drawing will receive a prize to be selected at Sponsor’s sole discretion with an approximate retail value ("ARV") of each Weekly Prize $100. Limit one (1) Weekly Prize per person during the entire PROMOTION Period.

b. ONE (1) GRAND PRIZE: One winner will receive two (2) tickets to their choice of six (6) concerts at Live Nation’s Boston Summer Schedule. Tickets are subject to availability which are subject to change. ARV of Grand Prize: $1200.00. Tickets are subject to certain terms and conditions as specified thereon. Seat locations will be determined by Sponsor. Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of prize.

8. GENERAL PRIZE CONDITIONS/RESTRICTIONS: Limit one (1) Weekly Prize per person during the entire PROMOTION Period. Weekly Prize winners are eligible to also receive the Grand Prize. The term "Winner" in these Official Rules applies to a Weekly Prize Winner and Grand Prize Winner, unless otherwise set forth herein. The term "Prize" in these Official Rules applies to a Weekly Prize or Grand Prize, unless otherwise set forth herein. The PROMOTION Entities are not responsible for any cancellations, delays, diversions or substitutions, or any act or omission whatsoever with respect to the Prize. PROMOTION Entities are not responsible for any mechanical difficulties or failure connected with any Prize, or any act or omission whatsoever. No transfer, substitution, or cash equivalent for any Prize is allowed except at Sponsor's sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute a Prize or Prize component with a Prize of equal or greater value. Prize is non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another Prize. Unused components of a Prize have no redeemable cash value.

9. PROMOTION CONDITIONS: Any Entry or Contest Entry that has been tampered with or altered shall be rendered void. Sponsor is not responsible for any problems whether technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, failures of any computer system, servers or providers, computer or mobile device equipment, software, or any combination thereof, including injury or damage to entrant’s or to any other person's computer or mobile device related to or resulting from participating in this PROMOTION.

If for any reason the PROMOTION is not capable of running as planned for any cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this PROMOTION, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend the PROMOTION. In the event that the operation, security, or administration of the PROMOTION is impaired in any way for any reason, the Sponsor may, in its sole discretion, either: (a) suspend the PROMOTION to address the impairment and then resume the PROMOTION in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the PROMOTION and award the Prize(s) from among the eligible entries in a random drawing received up to the time of the impairment.

By submitting an Entry or Contest Entry, you (whether declared an Official Winner or not) agree (and agree to affirm such in writing) to (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this PROMOTION which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the PROMOTION or these Official Rules, (iii) forever and irrevocably release, discharge, indemnify and hold harmless the PROMOTION Entities, and their respective officers, directors, licensors, employees, representatives and agents (the "Released Parties") from any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this PROMOTION or the use, misuse or acceptance or possession of any Prize or any portion thereof, or participation in any PROMOTION-related activity; and (iv) grant Sponsor (where permitted by law) the right to use your name, address (city and state only), photograph, performance, Entry and biographical information on a worldwide basis, in all forms of media, in perpetuity and for advertising or promotional purposes without review or further compensation. ALL FEDERAL, STATE, AND LOCAL INCOMES TAXES ARISING FROM THE PRIZE WILL BE SOLELY THE RESPONSIBILITY OF THE WINNER. Receipt of any of the Prize components of this PROMOTION is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.

10. LIMITATIONS OF LIABILITY: Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from i) any typographical or other error in the printing of the Official Rules, offering or announcement of any Prize, ii) lost, late, stolen, misdirected, damaged, incomplete Entries, iii) any error in the collection or retention of entry information, including, but not limited to, incorrect or inaccurate transcription, receipt or transmission of any part of the Entry due to human error, iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the PROMOTION Entities, or any of their agents or employees, v) the PROMOTION and any elements thereof, and the participation or inability to participate in any PROMOTION-related activity or participation in this PROMOTION, vi) acceptance, receipt, possession, attendance at, travel related to, defects in, misuse, inability to use, or use of any Prize element contained in the Prize including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed Prize (or any element thereof), or vii) any change in the Prizing (or any components thereof) for any reason.

In addition, Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by any persons providing any of the Prizes or services. Winner hereby acknowledges that the PROMOTION Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize or any component thereof. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participating in this PROMOTION or use or redemption of the Prize. In the event a Potential Winner or Official Winner is disqualified for any reason under the provisions of these Official Rules, such Potential Winner or Official Winner and all rights to any Prize will be forfeited in its entirety.

WITHOUT LIMITING THE FOREGOING, THE PROMOTION, ALL PRIZES, AND ALL MATERIALS PROVIDED ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor finds to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the PROMOTION may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

11. GOVERNING LAW/JURISDICTION. This PROMOTION is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Massachusetts, without regard to any principles of conflict of laws. All disputes arising out of or connected with this PROMOTION will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Boston, Massachusetts. Should there be a conflict between the laws of the State of Massachusetts and any other laws, the conflict will be resolved in favor of the laws of the State of Massachusetts. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this PROMOTION and shall not include any indirect, punitive, incidental and/or consequential damages.

12. USE OF INFORMATION: By entering the PROMOTION you agree that your Entry and any other personally identifiable information collected or used in connection with the PROMOTION may be used by Sponsor in accordance with its Privacy Policy, as posted on www.Boston.com.

13. RULES/WINNERS LIST: To receive the name of the Winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: "New England Superfan PROMOTION" 135 Morrissey Blvd., Boston, MA 02125, for receipt no later than 30 days following the final drawing for the Grand Prize winner.

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