“Rdio M83 Pre-Show Playlist Promotion”
NO PURCHASE IS NECESSARY TO ENTER OR WIN
WINNERS ARE CHOSEN BASED ON SKILL
1. PROMOTION: Rdio M83 Pre-Show Playlist Promotion (the “Promotion”).
2. SPONSOR: Rdio, Inc. (“Rdio”), 1550 Bryant Street, Suite 200, San Francisco, CA 94103. Rdio advertisers do not endorse or sponsor, and are not otherwise affiliated with, the Promotion. Although the Promotion is administered through a Facebook interface, the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Any questions, comments or complaints regarding the Promotion 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 Promotion 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 Promotion. 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 Promotion. 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 Promotion. 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 Promotion without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Promotion 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 Promotion or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Promotion 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 Promotion begins at 9:00:01 AM PT on April 23, 2012 and ends at 4:59:59 PM PT on May 7, 2012 (the “Promotion Period”). A computer owned by Rdio will be the official time-keeping device for the Promotion.
6. ELIGIBILITY: The Promotion 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 Promotion, 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 Promotion is subject to all applicable federal, state, provincial, territorial and local laws and regulations. By participating in the Promotion, 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 Promotion 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 grand prize winner of the Promotion will be determined by Rdio and M83’s record label staff on or about May 7, 2012. The referral prize winner will be determined by Rdio on or about May 7, 2012.
With respect to the grand prize winner, Rdio’s staff will review all submitted entries and select 10 of those submitted entries for review by M83’s record label staff. M83’s record label staff will select the final grand prize winner from those 10 entries. Selection by Rdio and M83 record label staff will be based on the following factors: (i) minimum of 8 songs on the playlist, (ii) the creative sequencing and flow of the songs on the playlist, (iii) the variety of content and artists on represented on the playlist, and (iv) their respective determination of appeal to M83’s overall fan base.
With respect to the referral prize winner, Rdio will select the referral prize winner if the grand prize winner arose as a result of a referral link to enter the Promotion. The referral prize winner will be a person that entered the Promotion and also referred the eventual grand prize winner to the Promotion as tracked by the computers of the Administrator, in its sole discretion. The Administrator will advise Rdio if the grand prize winner arose as a result of a referral link and will advise Rdio as to the identification of the referral prize winner.
Rdio’s and M83’s record label’s decision making will be final and binding in all matters relating to this Promotion. Odds of winning will depend upon the total number of eligible entries received over the course of the Promotion Period. The winners of the Promotion will be notified by e-mail using the email address provided in the Promotion Entry within three (3) calendar days after the Promotion Period. If the Promotion winners have not responded within two (2) calendar days of the sending of notification by Rdio, alternate winners may be selected by Rdio in its sole discretion (and will be subject to disqualification in the same manner). The winners of the Promotion will be required to execute and return an affidavit of eligibility, prize acceptance, liability & publicity release (except where prohibited) (the “Affidavit”) within three (3) 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 a 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. 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 Promotion.
8. PRIZE: There are two (2) prizes available to be won. The referral prize (there is one referral 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. The grand prize (there is one grand prize) comprises two (2) round trip airfare tickets to Austin, Texas, two (2) nights lodging and two (2) entry passes to the May 18, 2012 M83 show at Stubbs in Austin, Texas. The referral prize winner will be required to: (i) provide specified personal information to facilitate the administration of the service, and (ii) 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 a prize. Use of the Rdio music service is subject to Rdio’s Terms of Service. 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 grand prize does not include any travel accommodations or benefits (including, without limitation, cash) other than those expressly described above. The grand prize winner will be solely responsible for their own travel expenses (including, without limitation, food (including room service), rental car costs, taxi fares, airline baggage fees, additional airline fees, taxes and costs, and other costs and expenses). Approximate retail value of the referral prize is $120.00 USD. Approximate retail value of the grand prize is $2050.00 USD. The winners are 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 prizes are personal to the winners and may not be transferred to the winners’ 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 winners are responsible for the payment of any applicable taxes on the prizes, and for any and all other expenses that may be associated with receiving the prizes, including without limitation, for the referral prize winner, any costs associated with Internet access. The prizes are 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 prizes are 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 winners. The prizes will be awarded by email or such other method determined by Rdio, using the information provided in the Promotion Entry.
10. RELEASE AND LIMITATION OF LIABILITY: By participating in the PROMOTION, 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 PROMOTION 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 PROMOTION, the announcement of the prize, the processing of entries or in any PROMOTION 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 PROMOTION, 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 PROMOTION, or if the Promotion 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 PROMOTION, or to terminate the PROMOTION with or without notice. As a condition of entering the PROMOTION, 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 Promotion 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 PROMOTION 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 M83 Pre-Show Playlist Promotion – Confirmation Request, 1550 Bryant Street, Suite 200, 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.