Rob Thomas Official Contest Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY ROB THOMAS, OR ANY RECORD LABEL OR MANAGEMENT COMPANY ASSOCIATED WITH ROB THOMAS.
THIS CONTEST IS IN NO WAY ASSOCIATED WITH APPLE, ITUNES, GOOGLE OR GOOGLE PLAY STORES.
The Rob Thomas VIP Contest (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least twenty one (21) years old at the time of entry. Employees of Fanpage, LLC and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
- Sponsor and Administrator
The Contest is sponsored and administered by Fanpage, LLC (The Company), located at 2901 Eisenhower, Carrollton, Texas 75007.
- Agreement to Official Rules
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
- Contest Period
The Contest begins on August 22, 2019 at 11:00 AM CST and will end on September 5, 2019 at 11:59 PM CST (the “Contest Period”). All entries must be received during the Contest Period. The Sponsor’s computer is the official time-keeping device for this Contest.
- How to Enter
iOs or Android Mobile Device: Persons must download the fanpage.com app to their iOs or Android device. Persons must then register for a Fanpage account and join the Rob Thomas Community within Fanpage. Members then earn Stars for posting content, receiving likes, comments and shares on their content, unlocking badges, playing Rob Thomas Trivia, watching Rob Thomas YouTube videos, and sharing promotional content from Fanpage to their friends using Facebook, Twitter, or email. The participant who is #1 on the Rob Thomas Contest Leaderboard at 11:59PM CST on September 5, 2019 will win the Prize.
By entering in the Contest, participants acknowledge that the Contest is in no way sponsored, endorsed or administered by Rob Thomas.
Multiple participants are not permitted to share the same e-mail address, username or Fanpage account. Any attempt by any participant to enter the Contest by using multiple or different identities, e-mail address, usernames, devices, or any other tactics will void all of the participant’s entry into the Contest, and the participant will be disqualified from the Contest. Any use of robotic, repetitive, automatic, programmed, or similar methods or agents (including, but not limited to, contest entry services) will void participant’s entry into the Contest. Any participation generated by script, macro or other automated or inappropriate means, or with the intent to subvert the Contest entry process or the fair play of the Contest will be void.
In the event of a dispute as to identity of the person participating, the account will be deemed to belong to the natural person in whose name the e-mail address or the user account is registered, at the time of the account’s creation. A potential winner may be required to provide to the Company proof, to the Company’s satisfaction, in its sole discretion, that the potential winner is, and at all relevant times was, the owner of the e-mail address or user account used to participate.
Information submitted via the Fanpage app become the sole property of the Company and will not be acknowledged or returned. Proof of entering the Contest will not constitute proof of receipt by the Company.
The Company is not responsible or liable if Participants are unable to participate in the Contest due to technology or means of entry being altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, unauthorized, unintelligible, or otherwise not in compliance with these Official Rules; lost, interrupted or unavailable network, server, Internet Service Provider, website or other connections; miscommunications; telephone, computer hardware or computer software failures, errors or difficulties; Internet traffic congestion; garbled or jumbled transmissions; undeliverable e-mails resulting from any form of active or passive e-mail filtering; the e-mail account settings; unauthorized human intervention; or any other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes, even if caused by the negligence of the Company.
- Winner Notification
The winning Member will be notified via a notification within the app, and by email. If the Company is unable to contact the winning Member after five (5) days, then that participant will forfeit the Prize and the participant with the second highest score will be the new winner. If the Company is unable to contact the new winner after five (5) days, then the prize will be forfeited. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning, is contingent upon fulfilling all requirements.
To the extent permitted by law, the Sponsor reserves the right to perform a detailed publicity and background check on the potential Prize winner and his/her guest, of any and all records (including, without limitation civil and criminal court records, and police reports), and, based on its results, may disqualify the winner and/or his/her guest, in the Sponsor’s sole discretion. By participating in the Contest, you hereby authorize the Sponsor, to the extent permitted by law, to perform such publicity and background check in the event that you are selected as a potential Prize winner. A potential Prize winner who is disqualified for any reason will forfeit the entire prize and he/she and his/her guest will not be entitled to any form of prize, award or compensation.
The Winner will receive 2 tickets to the Rob Thomas performance at the Silverado Resort & Spa on September 28, 2019, 2 Meet & Greet Passes, an intimate wine tasting with Rob Thomas, Hotel Accommodation for 2 nights at the Hampton Inn, Napa Valley, and a $1,000 cash travel expense.
The Prize winner and his/her guest must comply with all of the Sponsor’s instructions with respect to the prize fulfillment and their attending, and traveling to, from, and in connection with the concert, failure to do so may result in forfeiture of the prize. All elements of the prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption.
For avoidance of confusion, in no event will there be more than one (1) prize winner. In the event that a winner and/or his/her guest engage in behavior that, as determined by the Sponsor, in its sole discretion, is obnoxious or threatening, illegal, or intended to annoy, abuse, threaten or harass, the Sponsor reserves the right to terminate the prize, in whole or in part.
No portion of the Prize is redeemable or exchangeable for cash, and all portions of the Prize are subject to availability and to terms and conditions of use. The winner and his/her guest must comply with all venue rules and regulations; failure to do so may result in forfeiture of the Prize. The concert tickets will not be mailed and must be picked up at the concert venue and/or Sponsor’s Will Call. The winner and his/her guest must present valid government-issued photo identification to claim the tickets and other portions of the Prize, as provided by Sponsor.
The Sponsor is not responsible if a potential prize winner and/or his/her guest is unable or unavailable to accept or use the prize or a portion of the prize. If a potential winner cannot attend the concert, trip, or any portion of the Prize, as specified by the Sponsor, the winner will forfeit all rights to the prize. The prize is non-transferable and may not be sold or bartered. If any portion of the prize is returned as undeliverable or is declined, the entire prize will be forfeited. An unclaimed prize will not be awarded. The Sponsor is not responsible for lost or mutilated travel documents or passes, and none will be replaced or accepted. If the prize winner elects to partake in any or all portions of the prize without a guest, the prize will be awarded to the winner and any remainder of the prize will be forfeited and will not be subject to further or alternative compensation.
The Prize is subject to availability. The Sponsor is not responsible for any circumstances that make it impractical or impossible to fulfill all elements of the Prize. If any prize-related event is delayed, cancelled or postponed, or if any portion of a Prize is not available, for any reason, no compensation or substitution will be provided in lieu thereof, only the remainder of the Prize, if any, will be awarded, and the Sponsor will have no further obligation to the Prize winner and/or his/her guest.
The Prize is awarded “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. Participants acknowledge that the Sponsor has not made, and is not in any manner responsible or liable for, any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to this Contest or the prize, in whole or in part.
The prize restrictions and conditions stated in these Official Rules are not all-inclusive and the Prize described above may be subject to additional restrictions and/or conditions. Any prize depiction is for illustrative purposes only. The Sponsor may cancel or modify this Contest in its discretion and may award a substitute prize of comparable or greater value, including, without limitation, a cash prize equivalent to the ARV of the Prize as stated in these Official Rules.
- Approximate retail value (“ARV”) of the Grand Prize
$5,000.00 The ARV of the prize represents the Company’s good faith determination, is final and binding, and cannot be appealed. The Company makes no representation that the prize can be sold or traded at the stated value. The winner will not receive any difference between the stated approximate and the actual retail value of the prize. The winner and his/her guests are responsible for all federal, state and local taxes, and the winner will receive an IRS Form 1099 reflecting the actual cost of the Grand Prize, for the tax year in which the prize is awarded. Both the winner and the guests will both be responsible for fulfilling all requirements imposed on the winner under these Official Rules. Unclaimed prizes will not be awarded.
Any valuation of the prize stated above is based on available information provided to the Sponsor, and the value of any prizes awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.
- General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
- Release and Limitations of Liability
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, Rob Thomas, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
YOU WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A COMPLETE RELEASE AND DISCHARGE OF ALL CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES, AND THAT YOU HAVE BEEN GIVEN A FULL AND COMPLETE OPPORTUNITY TO REVIEW AND ANALYZE THE FOREGOING RELEASE BEFORE SUBMITTING YOUR ENTRY, ACCEPTING ANY PRIZE OR CONSENTING TO YOUR MINOR CHILD’S OR WARD’S PARTICIPATION, AND YOU WAIVE ANY AND ALL RIGHTS TO DISPUTE THE SCOPE OF THE RELEASE, INCLUDING, WITHOUT LIMITATION, THAT IT IS A GENERAL RELEASE AND/OR A RELEASE OF UNKNOWN CLAIMS.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than Texas.