The "12 Days of Kisselmas" CONTEST- OFFICIAL RULES
The "12 Days of Kisselmas" Contest (the "Contest") relating to the recording artist BRETT KISSEL ("Artist") is sponsored by Warner Music Canada, 155 Gordon Baker Road, Suite 401, Toronto, ON, M2H 3N5 (the "Sponsor"), and promoted and operated through the Contest website located at kisselmas.brettkissel.com (the "Contest Site"). The Contest begins on December 1, 2019 at 10:00 a.m. Eastern Daylight Time ("EDT") (the "Start Date") and ends on December 27, 2019 at 11:59 p.m. EDT (the "End Date") (such period, the "Contest Period"). BY ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS CONTEST.
1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE CONTEST.
2. THE CONTEST.
a. Determining the Winners. Sponsor and/or its designees will review all eligible Entries for conformity to the Official Rules. On or about every second day beginning on December 1, 2019, Sponsor and/or its designees will choose at random one (1) "Potential Winner." Each Potential Winner will be eligible to be awarded the Prize. NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2(b) BELOW). Canadian Potential Winners will be required to answer, without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question prior to being declared a Winner. Sponsor reserves the right to not award any Prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified Entries. Sponsor may, in its sole discretion, contact a Potential Winner and require such Potential Winner to submit to a background check to help ensure that such Potential Winner's continued participation in the Contest will not, in Sponsor's sole discretion, damage the Contest or otherwise reflect adversely on the Contest Entities; require such Potential Winner to answer additional questions or participate in additional screening procedures; require such Potential Winner to sign consent forms, releases (including, without limitation, Sponsor's standard "Declaration of Eligibility and a Liability/Publicity Release"); and/or disqualify any Potential Winner who is unable or unwilling to do or provide any of the foregoing ("Clearance Process"). Any Potential Winner must complete the Clearance Process within two (2) days from the moment of notification. Upon successful completion of the Clearance Process, a Potential Winner will be designated a "Winner." Without limiting the foregoing and only if applicable, a Potential Winner who is a minor in his or her province or state of residence will be required to have his or her parent or legal guardian affirm in writing such Potential Winner's acknowledgement and agreement to the Official Rules, in order to continue to participate in the Contest. Sponsor reserves the right to provide an independent third party (the "Auditing Entity") with all Entries submitted by each Potential Winner in order that such Auditing Entity may examine such Entries and confirm, subject to its and Sponsor's discretion, that the Entries comply with these Official Rules. In the event that a Potential Winner elects to end his or her participation in the Contest, is unable to participate further in the Contest for any reason, or is, in Sponsor's sole discretion, deemed to be ineligible to participate, Sponsor reserves the right to select alternate Potential Winner(s) in its sole discretion.
b. Prize for Winners (the "Prizes"):
ii. The Winner will receive the advertised Prize specific to the date of Prize announcement up to the release of the Prize winner and/or announcement of the next Prize. Any transportation and lodging will not be provided. All taxes (including without limitation federal, provincial, state, and local taxes) on or connected with the Prize, if any, and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein, if any, are the sole responsibility of each Winner respectively. If any Winner is a minor in his or her province or state of residence (if applicable), the Prize will be awarded on such Winner's behalf to such Winner's parent or legal guardian, who must execute any releases and other documentation required by Sponsor (including without limitation the Affidavit of Eligibility and the Liability/Publicity Release described above). Prize may not be endorsed, transferred or substituted, except at the Sponsor's sole discretion. Specifics of the Prize are in Sponsor's sole discretion. Once selected by the Winner, the guest cannot be changed without the express consent of the Sponsor, which may be withheld for any reason. By entering the Contest and accepting the Prize, each Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices. Each Winner understands and agrees that Sponsor or Prize provider has the right, in their sole discretion, to disqualify and remove a Winner and his/her guest from any activity at any time if their behavior at any point is uncooperative, disruptive, or may or does cause damage to the person, property, or reputation of Sponsor or otherwise violates the policies of the Prize provider, and in such case, such Winner will still be solely responsible for all taxes and other expenses related to the Prize. In the unlikely event that any portion of the Prize is cancelled, undeliverable, or unable to take place for any reason, each Winner agrees that Sponsor has no further obligations to such Winner other than delivery of the remainder of the Prize (if any), and no other additional compensation will be provided. In the event that any Winner (including, for any Winner who is a minor in his or her province or state of residence, his or her parent or guardian) is unable to comply with the terms and conditions set forth in these Official Rules (including without limitation this Section 2(b)), Sponsor reserves the right to deem such individual ineligible and to select a new Winner (or Winners) from among the remaining Entrants.
a. General; List of Winners; License. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, provincial, state, and local laws and regulations apply. After the end of the Contest Period, the name of the Winners may be posted to the Contest Site, and/or to another Sponsor-affiliated site or service. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and any Winner, where permitted by law, each such individual agrees to grant to Sponsor, the Contest Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual's name, photograph, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request, each such individual (or, if a minor, such individual's parent or legal guardian) will provide written consent to the foregoing uses. For a list of Winners (available after January 13, 2020), please send a self-addressed stamped envelope to the "Kisselmas Contest" - Winner List, c/o Warner Music Canada Co., 155 Gordon Baker Road, Suite 401, Toronto, Ontario M2H 3N5. Queries must be postmarked no later than January 31, 2020.
b. Disclaimer and Limitation of Liability. The Contest Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any Prize furnished in connection with the Contest. The Contest Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or "hacking," or by any of the equipment, software, or programming related to the Contest Site or the Contest, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Contest Site, or any Entry. Additionally, the Contest Entities are not responsible for any cancellation or postponement of any aspect of the Prize. Although Sponsor attempts to ensure the integrity of the Contest, Entrants acknowledge that Sponsor is not responsible for the actions of Entrants or other participants in connection with the Contest, including Entrants' or others' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Contest. Sponsor is not responsible for injury or damage to Entrants' or to any other person's computer, other equipment, or person in connection with participation in the Contest, or downloading materials from or using the Contest Site. If, for any reason, the Contest is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Contest. IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF YOUR ACCESS TO AND USE OF THE CONTEST SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE CONTEST SITE, SPONSOR'S OR ANY THIRD PARTY'S REMOVAL FROM THE CONTEST SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE CONTEST SITE 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, OR NON-INFRINGEMENT. The Winner and his/her guest are solely responsible for all costs not expressly described herein, including, without limitation, as applicable, taxes, fuel/currency surcharges, transportation, meals and beverages, gratuities, merchandise, insurance, and all personal expenses of any kind or nature. It is the sole responsibility of the Winner and the Guest to obtain all necessary travel documentation including passports and visas, and to comply with any customs and immigration requirements, as applicable. Tour date tickets are subject to availability and change without notice or compensation. The Winner and his/her guest must be able to attend the tour date they initially select, if any, failing which the Prize will be forfeited. It is recommended that the Winner and Guest obtain sufficient personal insurance prior to departure.
c. Dates and Deadlines. Because of the unique nature and scope of the Contest, and because of the complexity of the technology underlying the administration of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Contest.
d. Release and Indemnification. BY PARTICIPATING IN THE CONTEST, ENTRANT: (A) RELEASES AND HOLDS SPONSOR, ARTIST AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES); ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST OR PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE CONTEST SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND HOLDS HARMLESS SPONSOR, ARTIST AND ALL OTHER CONTEST ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY CONTEST ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT'S PARTICIPATION IN THE CONTEST, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
f. Governing Law. The Contest and these Official Rules are governed by and shall be construed in accordance with the laws of the province of Ontario, Canada, without regards to its principles of conflicts of law. You irrevocably agree to personal jurisdiction by the federal and provincial courts located in Toronto, Ontario, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Contest), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR OTHERWISE RELATED TO THE CONTEST MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
h. Headings. Headings and captions are used in these Official Rules solely for convenience of reference and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Contest or any Prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Contest Site or the Contest.
j. Interpretation. In the event of any conflict between any information provided on the Contest Site regarding the Contest, on the one hand, and these Official Rules, on the other, these Official Rules shall govern.
k. FOR RESIDENTS OF QUEBEC, CANADA: Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a Prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.
POUR RÉSIDENTS DU QUÉBEC Un différend quant à l'organisation ou à la conduite d'un concours publicitaire peut être soumis à la Régie des alcools, des courses et des jeux afin qu'il soit tranché. Un différend quant à l'attribution d'un prix peut être soumis à la Régie uniquement aux fins d'une intervention pour tenter de la régler.
Official Rules © 2019 Warner Music Canada Co. All rights reserved.
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