OFFICIAL RULES
OFFICIAL RULES OF THE MATISYAHU "SPARK SEEKER" IPAD RETWEET CONTEST SUMMARY: NO PURCHASE IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE ENTRANT'S ODDS OF WINNING. THIS CONTEST IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA. ENTRY IN THIS CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. THE CONTEST BEGINS AT 12:00 AM ET ON JULY 10, 2012 AND ENDS AT 11:59 PM ET ON JULY 16, 2012. ALL ENTRIES MUST BE SUBMITTED WITHIN THE ENTRY PERIOD. THE WINNER WILL BE CHOSEN RANDOMLY FROM ALL ELIGIBLE ENTRIES RECEIVED DURING THE ENTRY PERIOD, AND IN ACCORDANCE WITH THE OFFICIAL RULES. OTHER RESTRICTIONS MAY APPLY.
CONTEST NAME: Matisyahu "Spark Seeker" iPad Retweet Contest ("Contest"). VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
By entering the Contest, entrants agree to comply with and be bound by these Official Rules and the decisions of the Contest Entity (as defined below) which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Contest.
ADMINISTRATOR: The sponsor and administrator of the Contest is Fallen Sparks, LLC (“Administrator”). Administrator is also referred to herein as “Contest Entity.” Administrator will administer and conduct the Contest substantially as described in these Official Rules. By participating in the Contest each entrant agrees as follows:
ENTRY PERIOD: The Contest begins at 12:00 AM ET on July 10, 2012 and ends at 11:59 PM ET on July 16, 2012.
METHOD OF ENTRY: During the Entry Period, go to http://matisyahuworld.com/retweettowin (the “Web Site”) and retweet the designated message (which includes a link to the Official Rules). Limit of one (1) entry per Twitter account per day. Use of automated entries or programs or entries submitted by third parties is prohibited and will be disqualified.
If, in the Administrator’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Contest, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Contest, and/or the Contest is not capable of being conducted as described in these Official Rules, Administrator shall have the right, at their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Contest. Administrator reserve the right to prosecute any fraudulent entries to the fullest extent of the law.
ELIGIBILITY: This competition is open to residents of the U.S. The Contest Entry Period begins on begins at 12:00 AM ET on July 10, 2012 and ends at 11:59 PM ET on July 16, 2012. All entries must be submitted within the Entry Period. Employees and agents of the Contest Entity, and each of their respective affiliates, subsidiaries, successors, assigns and any entity involved in the development, production, implementation, administration or fulfillment of the Contest, including, but not necessarily limited to the immediate family members and/or those persons living in the same household of such individuals, are not eligible to participate. With regard to online entries, in the event of a dispute about the identity of an entrant, each entry will be declared made by the registered account holder of the email address associated with the pertinent Twitter account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. With respect to any winning entry, a winner may be required to provide Administrator with proof that the person is the registered account holder of the Twitter account associated with the winning entry. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. By entering the Contest, entrants agree to comply with and be bound by these Official Rules and the decisions of the judges which are final and binding in all respects. Failure to comply with these Official Rules may result in disqualification from the Contest. Administrator is not affiliated with Twitter, and Twitter is not a sponsor of, or affiliated with, the Contest. Entrants acknowledge and agree that they must comply with Twitter’s Terms of Use in participating in the Contest.
SELECTION OF WINNERS: All eligible entries will be entered into a draw. The winner will be selected on or about July 17, 2012, in a random selection from among all eligible entries retweets. One entry selected will be the grand prize winner and seven (7) additional entries selected will be the runner-up winners. The selection will be conducted by the Administrator, whose decisions and interpretations on all matters relating to the Content and these Official Rules are final and binding in all respects. The Administrator reserves the right to disqualify any participant or winner and may refuse to award the Grand Prize or runner-up prizes to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Contest, or obtained winner status using fraudulent means. No responsibility is accepted for ineligible entries or entries made fraudulently. The Administrator’s decision is final and no correspondence will be entered into.
Odds of winning the Grand Prize and the runner-up prizes depend on the number of eligible entries received. The potential winners will be notified via Twitter, or by telephone, e-mail and/or regular mail and must meet all eligibility requirements. Return of a prize or prize notification as undeliverable, or inability of Administrator to contact a potential winner via Twitter, or by telephone or e-mail within seventy-two (72) hours of selection, may result in disqualification of such potential winner, and an alternate winner may be chosen by random selection at Administrator’s discretion. In the event a winner declines the Grand Prize or fails to return any completed documents and releases as required, the Administrator may elect, at its discretion, to chose an alternate winner by random selection.
The Administrator will announce/publish the Grand Prize winner's first name on the Web Site and Artist’s website. By entering this competition, entrants consent to such disclosure should he/she be the Grand Prize winner.
GRAND PRIZE/RUNNER-UP PRIZES/APPROXIMATE RETAIL VALUES (“ARV”): One (1) grand prize: a 16 GB Wi-Fi edition of the iPad with pre-loaded “Spark Seeker” content. ARV: $499; and seven (7) runner-up prizes: (1) digital download of album entitled "Spark Seeker" featuring the performances of Matisyahu (“Artist”), ARV: $9.99.
PRIZE RESTRICTIONS: No substitution, cash redemption or transfer of prize, but the Administrator reserves right to substitute prize in whole or in part with prize of comparable or greater value if advertised prize becomes unavailable. If the winner is under the age of 18, the prize will be in the name of winner’s parent or legal guardian, who will assume all responsibilities of winner. An IRS Form 1099 for the fair market value of the Grand Prize will be filed and a copy provided to the Grand Prize winner (if 18 years of age) or the parent (or legal guardian) of the Grand Prize winner is under the age of 18. All applicable federal, state, local and other taxes and fees associated with the prize and expenses not stated related to acceptance and use of a prize are solely the responsibility of the winners (if 18 years of age) or parent or legal guardian of winners (if under the age of 18). If the prize cannot be accepted as stated prize will be forfeited in its entirety and to the extent feasible will be awarded to an alternate winner chosen by random selection at Administrator’s discretion.
PUBLICITY, PRIVACY & PRIZE NOTIFICATION: Except where prohibited by law or regulation, by submitting an entry, entrant grants the Contest Entity a perpetual, worldwide, royalty-free license to use his/her name, character, photograph, voice, and likeness in connection with the promotion of this Contest, and entrants waive any and all claims and/or rights to receive any royalties or other compensation for the Contest Entity’s use thereof, unless prohibited by law. Entry into this Contest may require entrant to enter its email address and certain other personal information. Entrants are informed that the personal data collection in connection with this Contest will be collected by Administrator’s servers and computer systems, which are based in the United States and such collection will therefore be subject to applicable United States laws. You may withdraw your personal data upon request; however, you will be disqualified as an entrant in this Contest if you withdraw your personal data prior to the determination of the winner and fulfillment of the prize. The Grand Prize winner may be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, which must be returned, properly executed, within three (3) days of issuance of Grand Prize notification. If the Grand Prize winner is under eighteen (18) years of age, the affidavit of eligibility/liability release and publicity release must be executed by the Grand Prize winner and one or both parents or legal guardians, depending upon the state of residence of the Grand Prize winner. If these documents are not returned properly executed, or are returned to Administrator as undeliverable, or if any given prize winner does not otherwise comply with the Officials Rules, the Grand Prize will be forfeited and awarded to an alternate winner.
GENERAL CONDITIONS/RELEASE: The Contest is void where prohibited by law and is governed by the laws of the United States of America. The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually received by 11:59 PM ET on July 16, 2012, during the specified Contest entry period, will be included in the prize selection. Any automated receipt (such as one confirming delivery of e-mail) does not constitute proof of actual receipt by Administrator of an entry for purposes of these Official Rules. By participating, entrants (a) release Contest Entity, and each of its parent companies, affiliates (including Artist and Matisyahu, Inc.), subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind, including without limitation, any property damage, personal injury and/or death, caused by preparation for, or participation in the Contest, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the prize that may be awarded; (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability. Contest Entity is not responsible if the Contest cannot take place or if the prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism; and (c) acknowledge that Administrator is solely responsible for administering the Contest and furnishing the Grand Prize, and Artist shall have no liability in connection therewith or otherwise in connection with the Contest. Neither the Contest Entity nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost or misdirected mail, or any injury or damage to participant's or any other person's computer or television related to or resulting from participation in this Contest. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Contest Entity’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes which in the opinion of the Administrator, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, the Administrator reserves the right at its sole discretion to disqualify any suspect entry or entrant and to cancel, terminate, modify or suspend the Contest. In the event of any cancellation, termination or suspension, the determination of the winners will be made, from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as the Administrator determines in its sole discretion. Entries not complying with all rules are subject to disqualification.
DISPUTES: Entrants and guests agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest for prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court in the State of New York located in New York County, New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys' fees; and (c) 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 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. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OVER ALL CONTROVERSIES REGARDING THE CONTEST AND THE LAWS OF THE STATE OF NEW YORK SHALL EXCLUSIVELY GOVERN THE CONTEST. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
OFFICIAL RULES: For a copy of the Official Rules, mail a self-addressed stamped envelope by first class mail to: Fallen Sparks Records, LLC, c/o Nigro, Karlin, Segal & Feldstein, LLP, 810 Seventh Ave., Suite 1701, New York, NY, 10019-5881. Contest entrants are hereby authorized to copy these official rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever.
WINNER'S LIST: A winner's list is available only within sixty (60) days after the close of the Contest. Mail request to Contest Winner, Matisyahu "Spark Seeker" iPad Retweet Contest: Fallen Sparks Records, LLC, c/o Nigro, Karlin, Segal & Feldstein, LLP, 810 Seventh Ave., Suite 1701, New York, NY, 10019-5881. In order to obtain a winner's list, where permitted by law, send your written request and a self-addressed, stamped envelope (residents of VT and WA may omit return postage).
MISCELLANEOUS: The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or Contest Entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or Contest Entity or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
ADMINISTRATOR: Fallen Sparks Records, LLC, c/o Nigro, Karlin, Segal & Feldstein, LLP, 810 Seventh Ave., Suite 1701, New York, NY, 10019-5881.