Miguel Kaleidoscope Dream Soundtracking™

Sweepstakes Official Rules

 

1. Eligibility.

Only legal residents of the 50 United States and District of Columbia (excluding its possessions and territories) who are at least thirteen (13) years of age as of September 12, 2012 are eligible to enter this Sweepstakes. Employees, agents or officers of Sony Music Entertainment (“Sponsor”) or of any entity involved in the development, production, implementation and distribution of the Miguel Kaleidoscope Dream Soundtracking™ Sweepstakes  (the “Sweepstakes”), including any advertising or promotion agency, supplier of prizes for the Sweepstakes, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Sweepstakes or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Sweepstakes. The Sweepstakes is void where restricted or prohibited by law.

 

2. How to Enter. 

 

(a) The Sweepstakes will begin on October 5, 2012 at 10:00 a.m. ET and will end on October 12, 2012 at 12:00 p.m. ET (“Sweepstakes Period”).  You must download the Soundtracking™ application (“App”) to your smart phone and be a member of the Twitter website to enter. You can become a member of the Twitter website by going to https://twitter.com/signup and providing your full name and email address and creating a username and password. During the Sweepstakes Period, use the App to tag one of the tracks from Miguel’s album Kaleidoscope Dreams to be entered to win.

 

(b) Enter as often as you wish. Only one prize per person.  No automated entry devices and/or programs permitted. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified. Only fully completed entry forms are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor

 

(c)  Entries may not contain references which are obscene, crude or vulgar, and/or which contain gang identification, references to commercial products, license plate numbers, phone numbers, personal addresses (physical or email), Web site URLs, derogatory characterizations of any ethnic, racial, sexual or religious groups, references to illegal or inappropriate activity, behavior or conduct, or any other references that could be considered inappropriate, unsuitable or offensive, as determined by Sponsor, in its sole discretion.

 

3. Prizes.

 

Five (5) winners will each receive an autographed copy of Miguel’s CD, Kaleidoscope Dreams.

 

Winner must be at least 13 years old as of October 5, 2012 and be able to provide proof of the same, in the form of a government-issued photo ID, to Sponsor’s representatives. Any individual unable to provide proof of age will be automatically disqualified.

 

Prizes are non-transferable. No substitutions or cash redemptions provided that the Sponsor reserves the right to substitute the Prize in whole or in part for a prize of equal or greater value in the event that any component of the Prize is unavailable for any reason. Prizes may not be sold, bartered or transferred. Prizes do not include any additional expenses, including, but not limited to, federal, state and local sales or other taxes and surcharges which are the responsibility of each winner.

 

Approximate combined retail value of all prizes is Two Hundred Dollars ($200.00). The approximate retail value of the prizes represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed.  If the actual value of the prizes turns out to be less than the stated approximate retail value, the difference will not be awarded in cash. 

Winner will be required to sign and return to Sponsor an Affidavit of Eligibility and Liability/Publicity Release within five (5) calendar days of receipt of such documentation. If the winner rejects his/her prize or in the event of noncompliance with these Sweepstakes rules and requirements, such prize will be forfeited and an alternate winner may be selected.

(b)  By accepting the prize, Winner releases and discharges Sponsor, their respective representatives, affiliated companies and the respective parents, subsidiaries, affiliates, advertising and promotion agencies of each, and all their respective employees, officers, directors, representatives and agents from any liability or damage due in whole or in part to the award, acceptance, possession, use or misuse of any prize or from participation in this Sweepstakes.  Sponsor reserves the right to substitute a comparable prize of like or greater value for any prize, or to pay Winner a cash equivalent (the value of which shall be determined by Sponsor in its sole discretion), for any reason.

 

(c) If, for reasons beyond the control of Sponsor (including, but not limited to, tampering or computer virus infection), the Sweepstakes is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Sweepstakes, without liability. If a sufficient number of eligible entries (as determined by Sponsor in its sole discretion) are not received by the end of the Sweepstakes period, Sponsor reserves the right not to award any or all prizes.  All taxes (including, but not limited to, income taxes) are the sole responsibility of Winner. All entrants agree to comply fully with each provision in these Official Rules. Any person attempting to defraud or in any way tamper with this Sweepstakes and any person who does not comply with these Official Rules, will be ineligible for any prize and may be prosecuted to the full extent of the law.

4. Random Drawing/Odds.

Five (5) winners will be selected via a random drawing from all eligible entries received during Sweepstakes Period after 12:00 p.m. ET on October 12, 2012. 

The odds of winning depend on the number of eligible entries received. Winners will be notified via their Twitter accounts and if a winner cannot be contacted within three (3) calendar days of first notification attempt, the prize will be forfeited and an alternative winner may be selected from all remaining eligible entries. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.

5. Conditions.

All federal, state and local taxes are the sole responsibility of the winner. Participation in this Sweepstakes and acceptance of prize constitutes winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, including but not limited to Sweepstakes Entries submitted and/or any statements made by Winner regarding the Sweepstakes or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and Winner agree to release and hold harmless Sponsor, and their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Sweepstakes, or possession, acceptance and/or use or misuse of prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if the Sweepstakes cannot take place or if any prize cannot be awarded including, but not limited to due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. Entrants who do not comply with these Official Rules, or attempt to interfere with this Sweepstakes in any way shall be disqualified. There is no purchase or sales presentation required to participate. A purchase does not increase odds of winning.  

6. Governing Law.

 

Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York  or the appropriate New York State Court located in New York, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and (iii) 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 for actual 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, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

 

7. Your Release of Sponsor from Any and All Liability.

 

Entrants agree that Sponsor, and their representatives shall not be liable for losses or injuries of any kind resulting from: (i) acceptance/possession and/or use/misuse of prize(s), (ii) participation in the Sweepstakes, (iii) individual, joint or collective technical malfunctions of the telephone network and/or transmission line, computer on-line system, computer dating mechanism, computer equipment, hardware and/or software, or (iv) any delay or distortion of an entry or any other communication regarding the Sweepstakes resulting from data transmissions that are garbled, incomplete, misdirected, lost, mutilated, delayed, corrupted, mechanically duplicated, illegible or otherwise not in compliance with these Official Rules. Entrants also agree that Sponsor, and/or their respective representatives are not responsible or liable for any injury or damage to an entrant's or third person's computer related to or resulting from the Sweepstakes and/or its prizes. Sponsor is not liable for damage to a user's computer system (including, without limitation, any server failure or lost, delayed or corrupted data or other malfunction) due, either directly or indirectly, to an entrant's participation in the Sweepstakes or downloading of information in connection with the Sweepstakes. Sponsor reserves the right to modify or cancel the Sweepstakes in the event that any portion of any website used to administer any aspect of the Sweepstakes becomes technically corrupted.

8.  Use of Data. 

Sponsor may collect personal data about entrants in accordance with its privacy policy. Please review the Sony Music Entertainment privacy policy at www.sonymusic.com/privacypolicy.html. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s’ privacy policy. 

9. How to Get More Information.

(a) The Sponsor of this Sweepstakes is Sony Music Entertainment. Questions regarding the Sweepstakes,  requests for copies of these Official Rules or obtaining the names of the Winners should be directed to Sponsor by sending a self addressed, stamped envelope to: Miguel Kaleidoscope Dreams Soundtracking Sweepstakes, RCA Music Group, Rm. 1408, 550 Madison Avenue, New York, NY 10022 by  December 12, 2012.

All times and dates in these Official Rules are Eastern Time.