Important: Please read these Official Rules before entering this Upstream Facebook Sweepstakes (the “Sweepstakes”).
By participating in this Sweepstakes, you agree to be bound by these Official Rules and represent that you satisfy all of the eligibility requirements below.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Sweepstakes void where prohibited by law. Subject to applicable federal, state, and local laws.
- Eligibility: The Sweepstakes is open only to legal residents of Washington and Oregon who are at least 18 years old (or the age of majority in their jurisdiction, whichever is older) at the time of entry. Directors, officers, members, managers, and employees of Upstream Music Fest + Summit LLC and its affiliates (“Sponsor”), Facebook, Inc., and any of their respective parent companies, affiliate companies, subsidiaries, agents, professional advisors, advertising, promotional, public relations, and fulfillment agencies, consultants, legal counsel, website providers, web masters, and immediate family members (spouses, parent, child, sibling, grandparent, and “step” child, wherever they may live) of each are not eligible to win any prize. 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. To be eligible to win a prize, entries must be completed and received by Sponsor in the manner and format designated below. SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK, INC.
- Sweepstakes Period: The Sweepstakes starts at 12:00:01a.m. Pacific Standard Time (“PT”) on February 1, 2018 and ends at 11:59:50 pm PT on February 14, 2018 (the “Sweepstakes Period”). All entries must be received during the Sweepstakes Period and meet other requirements in these Official Rules to be eligible to win a prize. Sponsor’s or its designee’s computer is the official time-keeping device for the Sweepstakes.
- How to Enter: To enter, complete the following steps during the Sweepstakes Period: (i) Log-in or join Facebook at www.facebook.com (joining Facebook is free); (ii) comment on Sponsor’s Facebook post inviting entries into the Sweepstakes at facebook.com/UpstreamMusicFest with a description of why you want to attend Upstream Music Fest 2018; and (ii) use the hashtag #UpstreamSweepstakes in your comment.
Optional: Entrants are encouraged to spread the word by tagging their friends in their comment or sharing our post (tagging or sharing will not
increase number of entries or odds of winning). If sharing the Sweepstakes, spam and harassment are prohibited and may result in disqualification at Sponsor’s discretion.
: ONE ENTRY PER PERSON DURING SWEEPSTAKES PERIOD. Any attempt to obtain additional entries, including through multiple or duplicate accounts will result in disqualification.
By submitting an entry as instructed (“Submission
”), you agree that your Submission conforms to the Guidelines and Restrictions below. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes that your Submission fails to conform with the Guidelines and Restrictions. Upon completion of all required entry steps and compliance with the Guidelines and Restrictions, you will receive one entry into the Sweepstakes.
Submission Guidelines and Restrictions
- Your Submission must not supply untruthful, incomplete, inaccurate or misleading information.
- Your Submission must be your original creation and be owned 100% by you, or alternatively, you must have the full rights to grant the license and other rights that you grant to Sponsor in Section10 below.
- Your Submission must not (in Sponsor’s discretion): (i) violate any third party rights, including copyrights, trademark rights, or rights of privacy and publicity; (ii) contain disparaging or defamatory statements; (iii) include threats to any person, place, business, or group; (iv) be obscene, offensive, or indecent; (v) depict any risky behavior; (vi) contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; or (vii) contain unauthorized third-party trademarks or logos.
If participating in this Sweepstakes via your mobile device (which service may only be available via select devices and participating wireless carriers, and is not required to enter), you may be charged for standard data use from your mobile device according to the terms in your wireless service provider’s data plan. Normal airtime and carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Wireless carrier rates vary, so you should contact your wireless carrier for information on your specific data plan.
: Sponsor is not responsible for changes to Facebook (or any website or mobile application offered as part of such services) that may interfere with a Sweepstakes or ability of a participant to timely enter or otherwise participate. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect the ability of Sponsor to locate a purported Submission. Sponsor may choose to remove any Submission or disqualify you from the Sweepstakes if it believes, in its discretion, that your Submission fails to conform with the Guidelines and Restrictions.
5. Selection and Notification of Winner:
- Identity of Entrant: All Submissions must be submitted by the individual entrant. Bulk or automated entries will be disqualified (including entries made using any script, macro, bot, or promotional service). Multiple participants are not permitted to share the same email account. Any attempt to obtain additional entries through fraud or other illegitimate means will result in disqualification, at Sponsor’s discretion. In the event of a dispute about the identity of the entrant, entries will be declared made by the authorized account holder of the email address associated with the account on which the Submission is made. An “authorized account holder” means 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. A potential winner may be required to provide Sponsor with proof that they are the authorized account holder of the account associated with the winning entry.
On or about February 19, 2018, Sponsor will select the names of the four (4) winners in a random drawing from among all eligible Submissions at Sponsor’s representative’s location listed in Section 16 below.
The odds of winning depend on the number of eligible entries received. Each potential winner will be notified via Private Message on Facebook on or about February 21, 2018. To the fullest extent permitted by applicable law, Sponsor may require each potential winner to sign and return, within seven days of being notified, an Affidavit of Eligibility and Liability/Publicity Release in order to claim his/her prize. If (i) the attempted notification is returned as undeliverable without a forwarding address; (ii) any required documents are not returned within seven days, such as the Affidavit of Eligibility and Liability/Publicity Release; or (iii) if potential winner is otherwise unable to accept the prize as stated, the prize will be forfeited and may be awarded to an alternate winner. Only three alternate drawings will be held for each prize, after which the remaining prize(s) will not be awarded. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate winner will be selected in accordance with the above selection process from among all eligible claimants making purportedly valid claims to award the prizes available.
Verification of Potential Winner
: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A PRIZE WINNER UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE AND NO FURTHER ACTION IS NEEDED.
- Prize: Four winners will each receive one coupon that enables them to redeem four (4) three-day general admission wristbands to Upstream Music Fest 2018 in Seattle, WA. See https://upstreammusicfest.com/tickets.aspx for more information. Approximate Retail Value (“ARV”) of each prize: $560. Total ARV of all prizes: $2,240.
: ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Winner will receive the wristbands for redeemed coupons via mail in May and may distribute them to his or her guests. Festival attendees must wear wristbands to gain access. No substitutions or exchanges of any prize (including for cash) will be permitted, except that Sponsor reserves the right to substitute a prize of comparable or greater value for any prize. Sponsor will not replace any lost or stolen prizes or prize components. Only the number of prizes stated in these Official Rules are available to be won in the Sweepstakes. No travel or other expenses of winners or their guests will be reimbursed. Except for applicable manufacturer’s standard warranties, the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including any implied warranty of merchantability or fitness for a particular purpose).
- Disclaimer: Sponsor, Facebook, Inc. and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, consultants, contractors, legal counsel, public relations firms, employees and advertising, fulfillment and marketing agencies (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) phone, electronic, hardware, software, network, Internet, or other computer or communications-related malfunctions or failures beyond Sponsor or the Release Parties’ reasonable control; (c) any Sweepstakes disruptions, injuries, losses or damages caused by events beyond the reasonable control of Sponsor or the Released Parties by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Sweepstakes.
- Limitations of Liability; Releases: By entering the Sweepstakes, 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 Sweepstakes or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including claims, costs, injuries, losses and damages related to 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.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE SPONSOR OR THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR PARTICIPATION IN THE SWEEPSTAKES OR USE OR INABILITY TO USE ANY EQUIPMENT