“MGMT FAN CAPTURE” CONTEST
OFFICIAL RULES
1. Eligibility.
These Official Rules apply only to legal residents of the 50 United States and District of Columbia (excluding its possessions and territories) who are at least eighteen (18) years of age as of March 5, 2010. Employees, agents or officers of Sony Music Entertainment (“Sponsor”) or of any entity involved in the development, production, implementation and distribution of the “MGMT Fan Capture” Contest (the “Contest”), including any advertising or promotion agency, supplier of prizes for the Contest, parent company, service provider, subsidiary or affiliate of any such entity or any other entity directly associated with the Contest or any member of the immediate family of and/or person living in the same household as such persons, are ineligible to enter the Contest. The Contest is void where restricted or prohibited by law.
2. How to Play.
(a) To enter the Contest, entrants should visit www.whereismgmt.com (“Site”) to get location coordinates of the location of the MGMTmobile, as defined in Section 3, and proceed to such location (“Contest Locations”). Entrant must also obtain the password for the Contest Location. Entrant must be over 18 years of age to participate in and enter the Contest.
Contest begins at 4:00 p.m. ET on March 10, 2010 and 5:00 p.m. ET on March 18, 2010 (“Contest Period”). At approximately 4:00 p.m. ET on each of six (6) dates during the Contest Period, the coordinates of the location of the Listening Van will be posted on the Site. Entrants will have until 5:00 p.m. ET of the same day to arrive at the Contest Location to be considered as potential Winners:
The Winners will be the at least six (6) and no more than ten (10) valid entrants for each Contest Location who:
a) Arrive at the Contest Location by 5:00 p.m. ET; and
b) Provide the Sponsor representative with the correct password.
(c) One Entry per person. If you have already won in a particular Contest Location, you may not enter the Contest for subsequent Contest Locations. If multiple entries are received for the same entrant for a particular clue, only the first entry submitted by that entrant will qualify for entry in the Contest and subsequent entries submitted by that entrant shall be disqualified. By entering, entrants agree to be bound by the decisions of the judges, Sponsor and these Official Rules and to comply with all federal, state, and local laws and regulations. Sponsor, and those working for Sponsor or on behalf of Sponsor, will not be responsible for lost, late, misdirected, damaged, or postage due mail or e-mail, or for Internet, computer hardware and software, phone, and/or any other technical errors, malfunctions, and delays. Entries which are mutilated, incomplete, illegible, inaccurate, forged, irregular in any way, or otherwise not in compliance with these Official Rules are also void.
(d) 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.
(a) Thirty-Six (36) to Sixty (60) validated Winners will each:
Winners must be at least 18 years old as of March 10, 2010 and be able to provide proof of the same, in the form of a government-issued photo ID, to Sponsor’s representatives upon arrival at the Contest Location. Any individual unable to provide proof of age will be automatically disqualified.
In order to board the MGMTmobile, Winners will be required to relinquish any cell phones, PDAs, flip cams and any and all other audio, video, or audio-visual devices or equipment to Sponsor’s representatives at the Contest Location.
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 incidentals, meals, telephone charges, travel insurance, souvenirs, upgraded transportation, ground transportation, 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 One Thousand Dollars ($1,000.00) 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.
All winners will be required to sign an Affidavit of Eligibility and Liability/Publicity Release upon confirmation of eligibility and arrival at the Contest Location. If the winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and an alternate winner may be selected.
(c) By accepting the prize, Winner releases and discharges Sponsor, MGMT, 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 Contest. 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.
(d) If, for reasons beyond the control of Sponsor (including, but not limited to, tampering or computer virus infection), the Contest is not capable of running as originally planned, Sponsor, at its sole discretion, reserves the right to cancel or modify the Contest, 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 Contest 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 Contest 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.
5. Issues of Law.
All federal, state and local laws and regulations are applicable. THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY 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 THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS. The Contest is void where restricted or prohibited by law.
6. Your Release of Sponsor and MGMT from Any and All Liability.
Entrants agree that Sponsor, MGMT 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 Contest, (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 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, MGMT 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 Contest 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 Contest or downloading of information in connection with the Contest. Sponsor reserves the right to modify or cancel the Contest in the event that any portion of any website used to administer any aspect of the Contest becomes technically corrupted.
7. How to Get More Information
(a) To obtain the names of the Winners, send a self-addressed, stamped envelope to: “MGMT Fan Capture” Contest, Columbia Records, 550 Madison Avenue, New York, NY 10022 by May 18, 2010.
The Sponsor of this Contest is Sony Music Entertainment. Questions regarding the Contest can be directed by mail to: “MGMT Fan Capture” Contest, Columbia Records, 550 Madison Avenue, New York, NY 10022.
(b) Copies of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: “MGMT Fan Capture” Contest, Contest Rules, Columbia Records, 550 Madison Avenue, New York, NY 10022. Requests for Official Rules must be received by March 31, 2010.
All times and dates in these Official Rules are Eastern Time.