“Rdio Album of the Year Sweepstakes”
NO PURCHASE IS NECESSARY TO ENTER OR WIN
1. SWEEPSTAKES: Rdio Album of the Year Sweepstakes (the “Sweepstakes”).
2. SPONSOR: Rdio, Inc. (“Rdio”), 1550 Bryant Street, Suite 220, San Francisco, CA 94103. Rdio advertisers do not endorse or sponsor, and are not otherwise affiliated with, the Sweepstakes. Although the Sweepstakes is administered through a Facebook interface, the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the Sweepstakes should be directed to Rdio and not Facebook or Administrator (as defined below).
3. ADMINISTRATOR: Spokes Labs, Inc. (“Administrator”), Spokes Labs, Inc., 1108 Howard Street, San Francisco, CA 94107.
4. TO ENTER: You may enter the Sweepstakes online by completing the entry form found by linking from www.facebook.com/rdio. You will be required to “Like” the Rdio Facebook fan page (if you are already a “Liker”, you will not be required to repeat this action) to access the Sweepstakes. If a Facebook permissions box opens, you will be required to click yes to allow the application to access the information described on the box. You will be required to input your name and email address on the entry form. The order of these steps may vary. These steps will enter you in the Sweepstakes. To enter, entrants must complete all information requested in the entry form. No registration or paid subscription is required to enter. All entries must be received within the applicable period described below in Section 5. All entries become the property of Rdio and will not be acknowledged or returned. Entries are limited to one (1) entry per natural person over the Promotion Period. Each person may use only one email address to participate in the Sweepstakes. Any attempt to exceed this limit in any way, including by using multiple/different e-mail addresses or Facebook accounts, identities or any other online methods, may void all of the entrant’s entries and result in disqualification.
By entering, entrants agree to comply with and be bound by these Official Rules including all eligibility requirements. Rdio reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Rdio, Administrator and their agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at a website does not constitute proof of delivery or receipt. Rdio reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Entry is submitted.
Rdio and/or Administrator may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other parties or representatives of Rdio and/or Administrator. Use of any automated system to participate is strictly prohibited and will result in disqualification.
5. PROMOTION PERIOD: The Sweepstakes begins at 12:00:01 AM PT on February 2, 2012 and ends at 4:59:59 PM PT on February 12, 2011 (the “Promotion Period”). A computer owned by Rdio will be the official time-keeping device for the Sweepstakes.
6. ELIGIBILITY: The Sweepstakes is open to all legal residents of the fifty (50) United States and the District of Columbia, who (1) have a Facebook account, (2) are over the age of majority in the jurisdiction in which they reside at the time of entry, and (3) have Internet access, but is void in Puerto Rico, the U.S., Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and where prohibited or restricted by law. Employees, officers, and directors of Rdio, its respective divisions, subsidiaries, affiliates, advertising and promotion agencies, and Administrator and such other parties responsible for the development and administration of this Sweepstakes, and the immediate family members (spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the households, of the above, whether related or not, are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, provincial, territorial and local laws and regulations. By participating in the Sweepstakes, and/or accepting the prize, entrants agree to release Rdio, Facebook, Administrator, and their respective directors, employees, officers, and agents, including without limitation, Rdio’s advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the Sweepstakes and, if declared a winner, the awarding, receipt, and/or use or misuse of a prize or participation in any prize-related activities.
7. WINNER SELECTION; NOTIFICATION; ODDS OF WINNING: The winner of the Sweepstakes will be determined by Rdio in a random drawing occurring on or about February 12, 2011. Rdio’s decision making will be final and binding in all matters relating to this Sweepstakes. Odds of winning will depend upon the total number of eligible entries received over the course of the Promotion Period. The winner of the Sweepstakes will be notified by e-mail using the email address provided in the Sweepstakes Entry within ten (10) calendar days after the Promotion Period. If the Sweepstakes winner has not responded within five (5) calendar days of the sending of notification by Rdio, an alternate winner may be selected by Rdio in its sole discretion (and will be subject to disqualification in the same manner). In the event that, for whatever reason, Rdio cannot select a winner after two attempts, including, without limitation, because a potential winner does not respond, refuses to accept a prize or for any of the other reasons identified in these Official Rules, Rdio may, in its sole discretion, terminate the Sweepstakes. The winner of the Sweepstakes will be required to execute and return a declaration or affidavit of eligibility, prize acceptance, liability & publicity release (except where prohibited) (the “Affidavit”) within five (5) calendar days of notification. Without limiting the above, forfeiture of a prize, in whole or in part, may result from any of the following at Rdio’s discretion: (1) failure of a potential winner to execute and return an Affidavit (and a completed IRS Form W-9 if required by Internal Revenue Service regulations for residents of the United States), by the deadline specified in the notification; (2) the return of any notification or prize as undeliverable; and (3) any other non-compliance with these Official Rules. Rdio and Administrator are not responsible for the failure for any reason whatsoever of a potential winner to receive any notification from Rdio or Administrator, or for the failure of Rdio or Administrator to receive any response or Affidavit from the potential winner. Return of any notification or Affidavit as undeliverable, the inability of Rdio or Administrator to contact a potential winner, the failure of a potential winner to contact Rdio or Administrator in a timely manner, the inability of a potential winner to accept or receive the prize for any reason, and/or the non-acceptance by a potential winner of any prize for any reason will result in disqualification of such potential winner, and an alternate winner will be selected randomly from all remaining eligible entries received.
8. PRIZE: There are three (3) prizes available to be won. Each prize is a one (1) year subscription to Rdio’s Unlimited music service (current $9.99 USD subscription tier) at no cost to the winner. Each winner will be required to: (i) provide specified personal information to facilitate the administration of the service, (ii) confirm their user registration with the Rdio service on at least one (1) occasion each calendar year, (iii) log-in to the Rdio service on at least one (1) occasion each calendar year, and (iv) at the winner’s own expense, have Internet access. Subscription to Rdio’s music service requires the existence or creation of a user account. Failure to comply with these terms will result in forfeiture of the prize. Use of the Rdio music service is subject to Rdio’s Terms of Service. Approximate retail value of the prize is $120.00 USD annually. Rdio reserves the right to adjust the pricing of its subscription services at any time, and actual subscription periods and exchange rates may vary. The winner is not entitled to the difference, if any, between the stated approximate and actual retail value of the prize. No substitutions, cash equivalents, or transfers of prizes are permitted except at the sole discretion of Rdio. For the avoidance of doubt, the prize is personal to the winner and may not be transferred to the winner’s successors, beneficiaries or assigns, whether by will, trust, agreement or otherwise. Rdio reserves the right to substitute a prize of equal or greater monetary value at any time in its sole discretion if the service described above is no longer available. The winner is responsible for the payment of any applicable taxes on the prize, and for any and all other expenses that may be associated with receiving the prize, including without limitation any costs associated with Internet access. 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). Acceptance, participation in and/or use of the prize is at the winner’s sole risk and Rdio and Administrator are not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the prize. Rdio and Administrator reserve the right to verify eligibility of the winner. The prize will be awarded by email or such other method determined by Rdio, using the information provided in the Sweepstakes Entry.
10. RELEASE AND LIMITATION OF LIABILITY: By participating in the SWEEPSTAKES, entrants agree to release, indemnify and hold harmless RDIO, its respective affiliates, advertising and promotion agencies, Facebook, ADMINISTRATOR and each of their respective agents, representatives, officers, directors, shareholders and employees (collectively, “Releasees”) from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from the SWEEPSTAKES or acceptance, possession, use, misuse or nonuse of the prize that may be awarded. Releasees are not responsible for computer, printing, typographical, human, or other errors, including, without limitation, errors which may occur in the administration of the SWEEPSTAKES, the announcement of the prize, the processing of entries or in any SWEEPSTAKES related materials; or for illegible entries or entries that fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error. If in RDIO'S opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the SWEEPSTAKES, or if computer virusES, bugs, unauthorized intervention, fraud, or technical difficulties or failures or compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the SWEEPSTAKES, or if the sweepstakes cannot be conducted as described herein for any reason, RDIO reserveS the right at ITS sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the SWEEPSTAKES, or to terminate the SWEEPSTAKES with or without notice. As a condition of entering the SWEEPSTAKES, entrant agrees that: a. under no circumstances will ENTRANT be permitted to obtain awards for, and ENTRANT hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; and b. any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys fees.
11. GENERAL TERMS: Rdio reserves the right to make changes or additions to these Official Rules and/or extend the dates of the Promotion Period for this Sweepstakes for any reason at any time. Rdio’s and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RDIO AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
limitations on damages, VENUE, and restrictions on class actions are not permitted in all jurisdictions and so the above limitations may not apply to you.
13. WINNER CONFIRMATION: An entrant may request the name of the winners by sending a self-addressed, stamped business-size (#10) envelope to: Rdio, Inc., Rdio Album of the Year Sweepstakes – Confirmation Request, 1550 Bryant Street, Suite 220, San Francisco, CA 94103. Requests must be postmarked within five (5) calendar days after the end of the Promotion Period and received within ten (10) business days after the end of the Promotion Period.