Tunespeak – Dylan Marlowe – Win Airfare for Two (2) to see Dylan Marlowe at Pepsi Gulf Coast Jam in Panama City Beach
TUNESPEAK WIN A FLYAWAY TO SEE DYLAN MARLOWE AT PEPSI GULF COAST JAM IN PANAMA CITY BEACH, FL JUNE 1-4TH SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.
THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
1. ELIGIBILITY: TUNESPEAK WIN A FLYAWAY TO SEE DYLAN MARLOWE AT PEPSI GULF COAST JAM IN PANAMA CITY BEACH, FL JUNE 1-4TH SWEEPSTAKES (“SWEEPSTAKES”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, DISTRICT OF COLUMBIA, OR CANADA (EXCLUDING QUEBEC), EIGHTEEN (18) YEARS OF AGE OR OLDER AT THE TIME OF ENTRY and WHO COMPLETE THE REQUIRED-TO-ENTER ACTION(s). If you cannot complete the required-to-enter actions(s) or do not have a valid Tunespeak account, please see Write-In Entry instructions under the “3. MULTIPLE WAYS TO ENTER…” section. Visit http://www.tunespeak.com to register a free account. If you are under the age of 16 years (or 18 for French residents), you must first obtain the permission of your responsible parent or guardian before entering into the Sweepstakes. Employees, officers and directors of Tunespeak, LLC (“Sponsor” or “Tunespeak”), its parent, subsidiary, and affiliated companies, advertising, promotion or production agencies, Web masters/suppliers (and their IRS/CRA dependents, immediate family members [spouse, parents, children, siblings] and individuals residing in their same household, whether or not related) are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency (the “Judges”) which are final and binding in all respec
2. SWEEPSTAKES PERIOD: Sweepstakes begins at 12:00 AM CST on February 24, 2023 and ends at 9:00 AM CDT on April 03, 2023 (“Sweepstakes Period”). Sponsor’s computer is the official time keeping device for this Sweepstakes.
3. MULTIPLE WAYS TO ENTER: During the Sweepstakes Period, visit the Tunespeak Contest Page at https://www.tunespeak.com/campaign/63f93ecf51dd010001af570b (“Website”) and login to Tunespeak. Follow the instructions and perform various interactions on the Website to earn entries. The following are various interactions that can earn you entries, although value may vary between Sweepstakes. Interactions must be performed through the Website in order to be eligible to earn entries. Your entries earned per Sweepstakes will be displayed on the Website in the your “Entries” section. Check the Website for more specific details on how to earn entries for this specific Sweepstakes:
REQUIRED-TO-ENTER (Join the Mailing List) “Joining” the Mailing List: Earn 100 entries one time only when you join the mailing list through the Website (“MAILING LIST ENTRY”).
Write-In Entry: To earn 100 entries for joining the mailing list without having a Tunespeak account, send an email to write-in [at] tunespeak.com with subject: “Win a Flyaway to see Dylan Marlowe at Pepsi Gulf Coast Jam in Panama City Beach, FL June 1-4th”. In the body of your email, include your complete name, mailing address, and email address associated with your Tunespeak account. You may email in 1 free write-in entry to receive a maximum of 100 entries. Email entries must be received by 9:00 AM CDT on April 03, 2023. No photocopied or mechanically reproduced Entries will be accepted. LIMIT: YOU MAY ONLY EARN UP TO 100 ENTRIES THROUGH ANY COMBINATION OF THE MAILING LIST ENTRY AND EMAIL ENTRY.
“Buying” and/or “Verifying” Ticket Purchase: Earn 100 entries one time only when you “Buy” and/or “Verify” Ticket Purchase through the Website (“TICKET PURCHASE ENTRY”).
Write-In Entry: To earn 100 entries “Buying” and/or “Verifying” Ticket Purchase, WITHOUT “Buying” and/or “Verifying” a Ticket purchase, send an email to tix [at] tunespeak.com with subject: “Win a Flyaway to see Dylan Marlowe at Pepsi Gulf Coast Jam in Panama City Beach, FL June 1-4th”. In the body of your email, include the mailing address, date of birth and email address associated with your Tunespeak account. You may email in 1 free write-in entry to receive a maximum of 100 entries. Email entries must be received by 9:00 AM CDT on April 03, 2023. No photocopied or mechanically reproduced Entries will be accepted. LIMIT: YOU MAY ONLY EARN UP TO 100 ENTRIES THROUGH ANY COMBINATION OF THE “TICKET PURCHASE ENTRY” AND EMAIL ENTRY
“Use Filter” and/or “Verifying” The Record High filter on TikTok or Instagram: Earn 100 entries one time only when you “Use Filter” and/or “Verify” The Record High filter on TikTok or Instagram through the Website (“TIKTOK OR INSTAGRAM ENTRY”).
Write-In Entry: To earn 100 entries “Use Filter” and/or “Verifying” The Record High filter on TikTok or Instagram through the Website, WITHOUT “Using Filter and/or “Verifying” The Record High filter on TikTok or Instagram, send an email to proof [at] tunespeak.com with subject: “Win a Flyaway to see Dylan Marlowe at Pepsi Gulf Coast Jam in Panama City Beach, FL June 1-4th”. In the body of your email, include the mailing address, date of birth and email address associated with your Tunespeak account. You may email in 1 free write-in entry to receive a maximum of 100 entries. Email entries must be received by 9:00 AM CDT on April 03, 2023. No photocopied or mechanically reproduced Entries will be accepted. LIMIT: YOU MAY ONLY EARN UP TO 100 ENTRIES THROUGH ANY COMBINATION OF THE “MERCH PURCHASE ENTRY” AND EMAIL ENTR
Earn 25 entries when you confirm that you “joined” in response to the “Join the Texting List” prompt
“Adding Song To” a Playlist on Spotify: Earn 50 entries one time only when you Add a specific song 1x to a Spotify Playlist through the Website
“Saving” the song on Spotify: Earn 75 entries one time only when you Save the participating song on Spotify through the Website
“Adding” the song on Apple Music: Earn 50 entries one time only when you Add a specific song 1x to a Apple Playlist through the Website (“APPLE MUSIC SONG ADD TO PLAYLIST ENTRY”).
Write-In Entry: To earn 50 entries for adding “Record High” without having a paid Apple Music account, send an email to write-in [at] tunespeak.com with subject: “Win a Flyaway to see Dylan Marlowe at Pepsi Gulf Coast Jam in Panama City Beach, FL June 1-4th”. In the body of your email, include the song name, your complete name, mailing address, and email address associated with your Tunespeak account. You may email in 1 free write-in entry to receive a maximum of 50 entries. Email entries must be received by 9:00 AM CDT on April 03, 2023. No photocopied or mechanically reproduced Entries will be accepted. LIMIT: YOU MAY ONLY EARN UP TO 50 ENTRIES THROUGH ANY COMBINATION OF THE APPLE MUSIC SONG ADD TO PLAYLIST ENTRY AND EMAIL ENTRY.
“Adding” the song on Apple Music: Earn 75 entries one time only when you Add the participating song on a Apple through the Website (“APPLE MUSIC SONG ADD ENTRY”).
Write-In Entry: To earn 75 entries for adding “Record High” without having a paid Apple Music account, send an email to write-in [at] tunespeak.com with subject: “Win a Flyaway to see Dylan Marlowe at Pepsi Gulf Coast Jam in Panama City Beach, FL June 1-4th”. In the body of your email, include the song name, your complete name, mailing address, and email address associated with your Tunespeak account. You may email in 1 free write-in entry to receive a maximum of 75 entries. Email entries must be received by 9:00 AM CDT on April 03, 2023. No photocopied or mechanically reproduced Entries will be accepted. LIMIT: YOU MAY ONLY EARN UP TO 75 ENTRIES THROUGH ANY COMBINATION OF THE APPLE MUSIC SONG ADD ENTRY AND EMAIL ENTRY.
“Following” the Artist on Spotify: Earn 50 entries one time only when you “Follow” the participating Artist on Spotify through the Website
Watching Videos: Earn 25 entries for watching a specific video up to 3x every 24 hours; numerous videos may be available to watch in order to earn entries
“Following” the Artist on Twitter: Earn 50 entries one time only when you “Follow” the participating Artist on Twitter through the Website
Earn 25 entries when you confirm that you “followed” in response to the “@dylanmarlowemusic” prompt
Sharing: Earn 0 entries every time you share the Sweepstakes page (via methods specified on the Website) with a unique friend who follows your share link to the page and enters this sweepstakes.
Friends’ Interactions with content from share links: Earn the same entry value of your regular interaction with the content when your friend interacts with the content on the Sweepstake page after clicking your share link. You will only earn entries when your friend enters, listens to a song, playlist, album, or completes other actions on the page for the first time. If your friend has already clicked on a share link from someone else (and has already completed actions on Sweepstakes page), you won’t earn entries by that friend’s interactions with the same content on the page.
Automated and inauthentic entries are prohibited, and any use of automated devices will cause disqualification. Sponsor reserves the right at its sole discretion, to disqualify any individual (and all of his or her entries) who tampers with the entry process. The following will be deemed to be tampering with the entry process and will result in disqualification:
Using inauthentic accounts to inflate your own entries. We have an automated system in place to verify the authenticity of each Tunespeak account. An authentic account is one displaying a history of activity in the main user profile categories. Accounts that are idle or display minimal activity could result in the account being marked as inauthentic. You will not earn entries (and you may be suspended) on Tunespeak if you use an inauthentic account in an attempt to earn entries for yourself. Again, this is an example of inauthentic fan behavior and not allowed as stated in our Terms of Service.
Using a friend’s Tunespeak account to earn your own entries. If your friend is trying to help you earn entries and is on the same Internet connection as you, we require your friend to sign into Tunespeak. We do this to make sure your friend is in fact real and sitting next to you. If your friend is sitting next to you and trying to help you win, just have them log into Tunespeak and you’ll be good!
“Getting Contest Votes” Sites: You will not earn entries (and you may be suspended) if you or your friends post your shared links to any sites dedicated to getting contest votes. These sites do not promote authentic fan behavior and therefore, we don’t condone the use of them. You can win without them!
“Buying or Trading Services” Sites: You will not earn entries (and you may be suspended) if you or your friends post your shared links to any sites dedicated to buying or trading services for entries. These sites do not promote authentic fan behavior and therefore, we don’t condone the use of them. Again, you can win without them!
“Getting Contest Votes” Forums or Pages: Sponsor monitors popular forums/pages that it has identified and deemed inauthentic. If you know of a forum/page that is dedicated to getting contest votes, please alert us at firstname.lastname@example.org and we will do our best to monitor it for inauthentic Tunespeak activity. If you feel that a fellow Tunespeaker is tampering with the entry processes, please alert us at email@example.com with the appropriate details at least 24 hours before the end of the Tunespeak sweepstakes/contest/raffle in which he/she is participating and we will do our best to look into the authenticity of his/her activity. Tunespeak does not directly address inquiries regarding suspected inauthentic behavior within 24 hours from the close of a sweepstakes/contest/raffle, as well as any requests after the close of a sweepstakes/contest/raffle.
Any other attempted form of entry is void. Online entries must be received and recorded by the Sponsor’s computer during the Sweepstakes Period. No responsibility is assumed by Sponsor for lost, late, illegible, incomplete, stolen, postage-due, mutilated, non-delivered or misdirected entries or mail. Submissions become property of the Sponsor, and none will be returned. Unlimited entries per person/email address/account per day, regardless of entry method. A “day” is defined as each twenty-four (24) hour time period beginning at 12:00:00 a.m. CT and ending at the following 11:59:59 p.m. CT; except the first day of the Sweepstakes Period which is defined as beginning 12:00:01 a.m. CT and ending 11:59:59 p.m. CT of the same day. Online entrants must have a valid email address.
4. DRAWING: The Judges will conduct a random drawing on or about 9:00 AM CDT on April 03, 2023 from all eligible entries received. The decisions of the Judges and Sponsor are final and binding in all matters relating to this Sweepstakes. Potential winners will be notified by email at the email address associated with his or her Tunespeak account on or about the next business day following the drawing date.
Prizes won by an eligible entrant who is a minor in his/her jurisdiction of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. Winners must meet all eligibility requirements and may be required to provide his or her Social Security/Social Insurance number, and complete and submit to Sponsor an Affidavit/Declaration of Eligibility, and Publicity and Liability Release (where legal), including, in the case of a Canadian potential winner, the correct answer to a mathematical skill-testing question, each of which must be completed, signed and returned within seven (7) days from date of issuance, or the Prize(s) may be forfeited. If no Affidavit/Declaration of Eligibility, Publicity and Liability Release is necessary, then Prize(s) will be shipped within 6-8 weeks of verification or as otherwise set forth in any notification sent by Sponsor. If any prize or prize notification or attempted notification is returned as undeliverable, if Sponsor is unable to contact a potential winner within 2 days, if required information is not timely provided to Sponsor, if a Canadian resident incorrectly answers skill-testing question, or if a potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, the prize may be forfeited. By accepting a prize, winners acknowledge they are in compliance with these Official Rules. Limit of one (1) prize per person/household/email address. Winners may not receive a prize more than once from the Artist in a ninety (90) day period. Winner may not be drawn for a Prize in a Tunespeak promotion more than three (3) times in a ninety (90) day period. If a prize is a associated with a concert or show, a winner may not win more than one prize per concert or show. A winner may not win prizes exceeding two thousand five hundred dollars ($2,500.00 USD) in a three hundred and sixty-five (365) day period.
5. PRIZE DETAILS/APPROXIMATE RETAIL VALUES (“ARV”)/ODDS: 1st Prize (1). One (1) 1st Prize winner will receive Airfare for Two (2) to see Dylan Marlowe at Pepsi Gulf Coast Jam in Panama City Beach, FL June 1-4th. ARV: $2,999 USD/$4,073.02 CAD each.
Winner(s) is solely responsible for any and all items and expenses and incidental travel costs not expressly stated in the prize description herein, including but not limited to ground transfers between winner’s residence and airport of departure, ground transportation while in destination city (other than as specified in the prize description), in-room charges (e.g., mini-bar, room service, telephone, movies), meals and beverages, gratuities, travel upgrades, baggage fees, and personal incidentals. Winner(s) and/or guests will be required to provide a valid major credit card or some other acceptable form of payment, as determined in the hotel’s sole discretion upon hotel check-in and all in-room charges, telephone calls, meals, beverages, hotel upgrades, amenities, personal incidentals and any other expenses charged to the winner’s hotel room will be charged to that major valid credit card or deducted from the deposit provided. The ARV of the prize may vary based on the commercial airport nearest winner’s permanent residence, as well fluctuations in hotel room rates at the time of travel. Winner(s) and guests must travel on the same itinerary and on dates designated by Sponsor. In the event the winner(s) or guests cannot travel on dates designated by Sponsor, winner(s) may be disqualified and the prize may be awarded to an alternate winner in a random drawing from among all remaining eligible entries provided sufficient time remains prior to the trip. If winner(s) or guests are deemed a minor under the jurisdiction of his/her state/province or territory of residence, such winner or guest must be accompanied by a parent or legal guardian throughout the trip. No additional travel expenses or any other aspects of the prize will be awarded should the winner’s or guest’s parent or legal guardian be required to accompany the winner or guests. Sponsor is not responsible for any fees or additional charges resulting from winner’s or guest’s changes to itinerary or accommodations. Travel is subject to terms and conditions set forth in these Official Rules and those set forth by selected travel providers, availability may vary, and material restrictions may apply. Winner(s) and guests will be solely responsible for obtaining valid U.S. or Canadian government photo identification (Eg. Passport) prior to travel and any associated costs for these requirements. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of these services and accommodations to passengers, such as changes in services or accommodations necessitated by same. Sponsor shall not be liable for any loss or damage to baggage or other items. If the winner(s) becomes disabled or cannot otherwise fully enjoy the prize due to illness, Sponsor shall have the option at its sole discretion of being relieved of liability for fulfillment of the prize award, and no other compensation in lieu of the prize will be awarded. Winner(s) and guests are responsible for obtaining their own medical and life insurance and the associated costs. All travel is subject to any and all restrictions instituted by the Department of Defense and/or Department of Homeland Security, as required. For U.S. residents, prize is taxable income to the winner(s) and winner(s) will be responsible for the reporting and payment of all taxes and fees associated with prize receipt and/or use, if any. Depending on the nature of the prize and location of Artist and event, prize may be subject to withholding tax if required by law.
Total ARV of all prizes: $2,999 USD/$4,073.02 CAD. If winner cannot accept the prize as stated, prize will be forfeited and awarded to an alternate winner. No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves right to substitute prize with prize of equal or greater value if advertised prize becomes unavailable. Odds of winning depend on the number of eligible entries received. Any difference between stated value and actual value will not be awarded.
7. LIABILITY LIMITATIONS: Released Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered entries or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider, Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Persons who tamper with or abuse any aspect of this Sweepstakes or otherwise attempt to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified. Sponsor reserves the right, in its sole discretion to cancel or suspend this Sweepstakes should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the game. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Released Parties are not responsible for injury or damage to entrant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, nonauthorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and randomly select the winners from among all eligible, nonsuspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of this Website. In case of dispute, the authorized account subscriber of the email account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant, and must comply with these Official Rules. The “authorized account subscriber” is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF AN ENTRANT’S ACCESS TO AND USE OF THE WEBSITE OR DOWNLOADING FROM AND/OR PRINTED MATERIAL DOWNLOADED FROM SAID WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO EVERY PARTICIPANT. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. BINDING ARBITRATION: Except where prohibited by law, any controversy or claim arising out of or relating to this Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Missouri law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THIS SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
9. GOVERNING LAW AND JURISDICTION: These Official Rules and the Sweepstakes are governed by US and Canadian law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Missouri, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 8 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in St. Louis, Missouri.
10. WINNERS’ LIST: For the names of the winners, mail a self-addressed, stamped envelope to: Tunespeak WIN A FLYAWAY TO SEE DYLAN MARLOWE AT PEPSI GULF COAST JAM IN PANAMA CITY BEACH, FL JUNE 1-4TH Sweepstakes Winners’ List Request, Tunespeak, LLC, P.O. Box 434016, St. Louis, MO, 63143 for receipt by 9:00 AM CDT on May 03, 2023. Canadian residents may omit return postage.
11. SPONSOR: Tunespeak, LLC, P.O. Box 434016, St. Louis, MO, 63143.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Google, Spotify, or Apple. Tunespeak, and not Artist, Sony, or any other party, is solely responsible for all aspects of this Sweepstakes. You understand that you are providing your information to Sponsor and not to Facebook, Twitter, Google, Spotify, or Apple. Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Artist, Sony, Facebook, Twitter, Google, Spotify, or Apple.