The COVID-19 Blues Giveaway
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR CHANCES OF WINNING. ENTRANTS MUST EIGHTEEN (18) YEARS OR OLDER AND LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED.
By participating, each entrant and participant (each, an “Entrant” and, collectively, the “Entrants”) agree to abide by and be bound by these official rules (“Official Rules”) and the decisions of Deborah Silver Entertainment, LLC (the “Sponsor”), which are final and binding in all respects and not subject to appeal.
- SWEEPSTAKES PERIOD: The “COVID-19 Blues Giveaway” is a random draw sweepstakes (the “Sweepstake”), which begins at 3:00 PM Eastern Standard Time (“EST”) on March 5, 2021 and ends at 3:00 PM EST on March 21, 2021 (the “Sweepstakes Entry Period”). The sole determinant of time for the purposes of a valid Entry (as defined below) in the Sweepstakes will be the Sponsor’s clock.
- ELIGIBILITY: The Sweepstakes is open only to persons ages eighteen (18) years of age or older during the Sweepstakes Entry Period and who, as of the time of their Entry, are legal residents of, and physically located within, the fifty (50) United States or the District of Columbia (the “Territory”). Void outside of the Territory and where prohibited, taxed, or restricted by law. Officers, directors, managers, employees, contractors, and agents of the Sponsor and its parent, subsidiary, affiliate, and related companies (collectively, the “Sweepstakes Entities”). All federal, state, and local laws and regulations apply to this Sweepstakes.
- HOW TO ENTER (LIMIT ONE (1) ENTRY PER ENTRANT): For an Entrant to enter the Sweepstakes, submit an Online Entry or Video Entry (as defined below as an “Entry”). The Entrant must visit the following webpage https://deborah-silver.com/covid-19-blues/ during the Sweepstakes Entry Period and complete the online Sweepstakes entry form in its entirety, which requires his or her complete name, email address, date of birth, and city, state, zip code, and country of residence, and then click the completion/submission button to receive one (1) Entry into the Sweepstakes. All Online Entries must be received by 3:00 PM EST on March 21, 2021 to be valid.
Regardless of the method of Entry used to enter the Sweepstakes, there is a limit of one (1) Entry per Entrant for the entire Sweepstakes Entry Period. Any attempt by an Entrant to obtain more than the stated number of Entries by using multiple or different identities and/or any other methods will void that Entrant’s Entry and may disqualify the Entrant from the Sweepstakes and/or future promotions, sweepstakes, or contests of the Sponsor. Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, the Sponsor will declare the Entry made by the registered name and address on such Entry. Any potential Winner (as defined below) may be requested to provide the Sponsor with proof that such person is the Entrant by whom the winning Entry was submitted.
- LIMITATIONS: Entrants who have not complied with these Official Rules are subject to disqualification and their respective applicable Entries will be void. The Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes at any time if, in the Sponsor’s sole and absolute discretion, fraud, technical failures, or any other errors or other causes corrupt the administration, security, integrity, or proper operation of the Sweepstakes. In the event of cancellation, the Sponsor reserves the right to select the Winner from among all eligible Entries received up to the date and time of such cancellation in a manner determined by the Sponsor to be fair, appropriate, and consistent with these Official Rules, in the Sponsor’s sole and absolute discretion. The Sweepstakes Entities do not warrant or guarantee that access to the Sweepstakes will be uninterrupted. None of the Sweepstakes Entities or any of their respective present or future officers, directors, managers, employees, contractors, affiliates, content partners, vendors, licensors, distributors, advertisers, other contracting parties, agents, representatives, successors, or assigns (individually and collectively, “Releasees”), are responsible for: (a) Entries from persons residing or physically located outside the Territory; (b) Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not compliant with these Official Rules; (c) lost, interrupted, or unavailable networks, servers, satellites, or websites, or other connection, availability, or accessibility problems arising in connection with or over the course of the Sweepstakes; (d) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Sweepstakes; (e) any changes to any website function that may interfere with the Sweepstakes or an Entrant’s ability to timely enter the Sweepstakes; or (f) damage to an Entrant or any other person or entity’s system occasioned by or arising from participation in this Sweepstakes or downloading any information necessary to participate in this Sweepstakes; even if caused by the negligence of any of the Releasees.
- THE PRIZE: One (1) grand prize winner, regardless of Entry method, will receive a gift card in the amount of one-thousand U.S. Dollars ($1,000.00 USD) in the form of an Amazon gift card made payable to Winner (defined below).
- PRIZE RESTRICTIONS: The Winner is solely responsible for all applicable federal, state, and local taxes, including taxes imposed on the Winner’s income. No more than the stated number of Prizes set forth in these Official Rules will be awarded. A potential Winner consents to the use of their name, likeness, submission video, and biographical information for promotional purposes in any and all media now known or hereafter discovered (including, without limitation, online or in print, film, or television) throughout the world and on the Internet, in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law.
- DRAWING; ODDS: The Sponsor will select the winning Entrant (the “Winner”) in a random drawing from among all eligible Entries received on or about May 28, 2021 Notwithstanding anything set forth herein to the contrary, the winning Entrant shall be considered a “potential Winner” unless and until verified and confirmed by the Sponsor as meeting the eligibility requirements to be the official Winner of this Sweepstakes set forth in these Official Rules.
- HOW TO CLAIM THE PRIZE: Each potential Winner is subject to verification and full compliance with these Official Rules before the Prize will be awarded. On or about two (2) business days following the random drawing, the potential Winner will be notified via telephone or email to confirm their mailing address and any additional information or responses required by the Sponsor. Once such information is received, the potential Winner will be sent an Affidavit of Eligibility, Liability Release, and, where lawful, Publicity Release (an “Affidavit”) by overnight delivery service or via email to the potential Winner’s address provided on their Entry. The Prize will be awarded provided a sufficient number of eligible Entries are received, and the Prize is validly claimed by June 1, 2021, after which no alternate Winner will be selected, nor unclaimed the Prize awarded.
- OWNERSHIP AND PUBLICITY: Entrant understands and agrees that Sponsor and the publishing designee of Dennis Lambert shall retain all ownership rights in the Song, including the melody and lyrics thereof. Entrant assigns all copyright and all other rights in their audiovisual recording of the Song to Deborah Silver Entertainment, LLC. Entrant hereby further grants the Sponsor and their respective licensors, licensees, and advertisers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferrable, assignable, sublicensable (through multiple tiers) right and license to use, copy, reproduce, display, distribute, publish, modify, adapt, make derivative works of, make collective works with, translate, and otherwise exploit any Entry, in whole or in part, in any and all media now known or hereafter discovered (including, without limitation, online or in print, film, or television) throughout the world in perpetuity without compensation, permission or notification to Entrant or any third party, for any purpose whatsoever (including, without limitation, the promotion of the Sweepstake and the Sponsor, and to identify such Entrant as the source thereof. By submitting an Entry, each Entrant acknowledges and agrees that Sponsor may obtain many submissions in this Sweepstake and that each Entry may be similar or identical in theme, idea, format, or other respects to other Entries submitted in this Sweepstake or other promotions or contests sponsored by the Sponsor, or to other ideas conceived by or provided to the Sponsor, and the Entrant waives any and all claims he/she has or may have, now or in the future, that any Entry and/or other works accepted, reviewed and/or used by the Sponsor that are similar or identical to each Entry. Except where prohibited by Applicable Law, the Entrant acknowledges and agrees that Sponsor does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright or other intellectual property right in and to each Entry.
- INDEMNIFICATION AND LIMITATION OF LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASEES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS’ FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE, OR AWARD OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING (IF ANY) TO OR FROM ANY PRIZE-RELATED OR SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON, OR PROPERTY. THE WINNER AGREES (AS BETWEEN THE SPONSOR OR SWEEPSTAKES ENTITIES AND SUCH WINNER) THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES THAT (I) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT OF POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH PARTICIPATING IN THIS SWEEPSTAKES, BUT IN NO EVENT ATTORNEYS’ FEES; AND (II) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH ENTRANT HEREBY WAIVES ANY AND ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES OTHER THAN FOR ACTUAL OUT OF POCKET EXPENSES AND WAIVES ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
- GOVERNING LAW; VENUE: All issues and disputes concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of the Sponsor or any Entrant, Sweepstakes Entity, or Releasee in connection with this Sweepstakes of these Official Rules shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. By participating, each Entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes or the Prize awarded (if applicable) shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in the County of New York in the State of New York, and the Entrant waives all jurisdictional, venue, or inconvenient forum objections to such court.
- GENERAL: All applicable federal, state, and local laws apply to the Sweepstakes. The Winner, by acceptance of the Prize, grants to the Sponsor, the other Sweepstakes Entities, and each of their respective designees the absolute right and license to use, publish, post, and/or display the Winner’ name, address (city and state of residence), photograph, voice, likeness, and/or other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) in any and all media now known or hereafter devised (including, without limitation, online or in print, film, or television), throughout the world and on the Internet, in perpetuity, without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. Any of the Sweepstakes Entities’ failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. These Official Rules shall govern and prevail in the event of any conflict with any terms or conditions applicable to the Sweepstakes contained in these Official Rules and those contained in Sweepstakes-related materials. In the event that any provision is determined by a court of competent jurisdiction 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. The Sweepstakes Entities’ employees are not authorized to waive, modify, or amend any provision or provisions of these Official Rules in any manner whatsoever. ANY ATTEMPT BY AN ENTRANT OR OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF LAW. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- WINNER’S LIST; OFFICIAL RULES: To receive the name of the Winner, send an email to Deborah Silver at email@example.com with WINNER “COVID-19 Blues Giveaway” as the subject line. Requests must be received by June 11, 2021. The identification of the Winner will be sent after the Winner has been verified. For a copy of these Official Rules, email firstname.lastname@example.org.