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THE VIBES HOLIDAY 2017 Reveals SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE REQUIRED TO ENTER OR WIN. MAKING A PURCHASE OR PAYING A FEE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE. VOID OUTSIDE OF THE UNITED STATES, THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED.

The Vibes Holiday 2017 Reveals Sweepstakes (the “Sweepstakes”) sponsored by Vibes Media, LLC (“Sponsor”) begins on or about 12:00:01 a.m. Central Time (“CT”) on December 18, 2017 and ends at 11:59:59 p.m. CT on January 12, 2018 (the “Sweepstakes Period”).  Sponsor’s computer will serve as the official time keeping device for the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. By participating, you agree to abide by, and be bound by, these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to the Sweepstakes.

ELIGIBILITY: The Sweepstakes is open only to persons who: (i) are legal residents of the United States or the District of Columbia; (ii) were Vibes customers as of the date preceding the start date of the Sweepstakes; and (iii), are at least twenty-one (21) years of age at the time of entry. Employees, officers and directors of Sponsor, their respective subsidiaries, affiliates, authorized agents, sales representatives, distributors, advertising and promotional agencies, and members of the immediate families (defined as including spouse, biological, adoptive and step- parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification.

HOW TO ENTER: During the Sweepstakes Period, participate in the holiday reveals experience and once completed you will have the opportunity to enter the Sweepstakes by saving your raffle entry ticket to your mobile wallet. Limit one (1) Entry per person during the Sweepstakes Period.

WINNER SELECTION/ODDS:  On or about January 15, 2018, the potential prizewinners will be selected via a random generator program under the supervision of Sponsor’s representative from among all eligible Entries received during the Sweepstakes Period. Potential prizewinners will be announced on January 19, 2018. Each potential winner must meet all eligibility requirements set forth in these Official Rules and comply with these Official Rules to qualify for a prize. The estimated odds of winning are 1:117, however the actual odds will depend on the total number of eligible Entries received during the Sweepstakes Period.

PRIZES: The following prizes will be awarded: Three (3) prizes will be awarded for the Sweepstakes Period.  The Prize will consist of a free ticket to attend either Shoptalk in Las Vegas, NV (March 18-21, 2018) with an Approximate retail value (“ARV”) of two-thousand and fifty dollars $2,050.00 or Marketo in San Francisco, CA  (April 29-30 or May 1-2, 2018) with an ARV of one-thousand and one-hundred and ninety five dollars $1, 195.00. Total ARV of all prizes is up to six-thousand and one- hundred and fifty dollars $6, 150.00.

The prizes consist only of the items described above. The Prize does not include airfare or hotel.  Prizes are non-transferable; no cash redemption or other substitution allowed, except as provided herein.  Sponsor reserves the right to substitute a prize of equal or greater value and comparable use if an advertised prize becomes unavailable for any reason, as determined by Sponsor in its sole discretion. Each winner is responsible for all federal, state and/or local income taxes on his/her prize.

All prizes will be awarded provided there a sufficient number of eligible entries and that the prizes are claimed properly in accordance with these Official Rules.

Any difference between actual value and ARV of prizes stated herein will not be awarded. No more than the stated number of prizes will be awarded for the Sweepstakes Period. If, due to a production, technical, human or other error, the number of prize notifications issued exceeds the number of available prizes, the correct number of prizes will be awarded in a random drawing from among all valid prize claimants. 

CLAIMING PRIZES: Sponsor will attempt to notify the potential prizewinners at the email addresses provided at the time of entry. Each prize winner may be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release within (seven) 7 days of receipt of prize notification. If a potential winner cannot be reached after reasonable efforts have been made, if a prize notification is returned as undeliverable, if a potential winner is determined by Sponsor to be ineligible, or if a potential winner cannot or does not comply with these Official Rules, such person will be disqualified and, at Sponsor’s discretion, an alternate potential winner may be selected from among the remaining eligible Entries received. Upon disqualification, no compensation will be awarded.

PUBLICITY CONSENT: Acceptance of a Prize constitutes each winner’s permission for Sponsor to use winner’s name, voice, biographical information (city/state) and/or likeness for purposes of advertising and trade, in all media now known or hereafter discovered, worldwide without further notice, permission or compensation except where prohibited by law.

GENERAL CONDITIONS:  The Sponsor is not responsible for: (i) electronic transmissions or Entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected, or not received by Sponsor for any reason; (ii) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures or human error that may occur in the transmission, receipt or processing of Entries, or for deletion, theft or destruction of, unauthorized access to, or alteration of, Entries; (iii) failed or unavailable devices, hardware, network or software; (iv) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Sweepstakes; (v) any Entries submitted in a manner that is not expressly allowed under these Official Rules (all such Entries will be disqualified);  (vi) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (vii) any typographical or other error in any printing or advertising relating to the Sweepstakes, in the administration or execution of the Sweepstakes, or in the announcement of any prize winner; or (viii) cheating or fraud by any participant.  All incomplete or non-conforming Entries will be disqualified.

If for any reason the Sweepstakes cannot be executed as planned, including but not limited to any administrative, human or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes without notice. If the Sweepstakes is terminated prior to the stated end date of the Sweepstakes Period, the applicable Prizes will be awarded in a random drawing from among all eligible, non-suspect Entries received prior to the time/date of termination. Thereafter, no further Drawings will be conducted.

Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process or the operation of the Sweepstakes generally, or who acts in violation of these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that term.

CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

In the event of a dispute regarding the identity of an individual who submitted an Entry, the Entry will be deemed submitted by the authorized account holder of the email address or mobile account supplied at the time of entry. Each potential winner may be required to show proof of being the authorized account holder of the applicable email address or mobile account. The name of the authorized subscriber of the account at the time of entry will be deemed the prize recipient and must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to an online account or mobile number by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning wireless phone numbers for the telephone exchange associated with the submitted wireless number or online account as applicable.

LIMITATION OF LIABILITY:
By entering, entrant agrees to indemnify, release, defend and hold harmless the Sponsor and the Sponsor’s respective affiliates, directors, officers, governors, employees and agents (collectively, the “Released Parties”) from and against any and all liability, damages or causes of action (however named or described), with respect to or arising out of (i) entrant’s participation in the Sweepstakes, or (ii) the receipt or use of any prize (if awarded to him/her).

ENTRANTS’ PRIVACY: Any personally identifiable information collected in connection with an entrant’s participation in this Sweepstakes will be used by Sponsor, its affiliates, agents and marketers only for purposes of the proper administration and fulfillment of the Sweepstakes, as described in these Official Rules, and in any manner consistent with Sponsor’s Privacy Policy, available at https://www.vibes.com/online-privacy-policy/

 

DISPUTES/VENUE/GOVERNING LAW:  By participating, entrants agree that: (i) any and all disputes, claims and causes of action arising out of, or connected with, this Sweepstakes or any Prize shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in Cook County, Illinois; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including but not limited to costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (iii) to the extent allowed by applicable law, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and/or any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.

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 Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Illinois.

In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials or made by Sponsor’s representatives, and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

SEVERABILITY:  The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

OFFICIAL RULES:  The Official rules are available online at: https://www.vibes.com/terms-conditions-vibes-holiday-2017/  during the Sweepstakes Period.

SPONSOR:  Vibes, 300 W. Adams, 7th Floor, Chicago, IL 60606.

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