KANSAS – “Text KANSAS Band Miracles Out Of Nowhere” Sweepstakes
OFFER TERMS & CONDITIONS
OFFER VALID UNTIL JUNE 25, 2015. STANDARD MOBILE-MESSAGING RATES APPLY. MOBILE-MESSAGING MAY NOT BE AVAILABLE THROUGH ALL WIRELESS CARRIERS
1.) Introduction: The Full Magilla, LLC d/b/a “KANSAS” is offering the “Text KANSAS Band Miracles Out Of Nowhere” Sweepstakes ("Sweepstakes").
NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCE OF WINNING.
Sweepstakes may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This sweepstakes is governed exclusively by the laws of the United States of America.
You are not authorized to participate in the Contest if you are not located within the 50 United States or the District of Columbia.
2.) Eligibility: Entrant must be a legal resident of the fifty (50) United States and the District of Columbia, who is eighteen (18) years old or older as of June 14, 2015. Individuals who opted-in to receive SMS and/or MMS messages from “KANSAS” by interacting via SMS or MMS via email@example.com are eligible. Entrant must use a “smartphone” to enter. Employees of Sponsor, its parents, subsidiaries, affiliates, advertising and promotion agencies and the family/household members (defined as parents, spouse, children, siblings) are not eligible to enter. Void outside the fifty United States and the District of Columbia, and where prohibited, taxed, or restricted by law. All federal, state, and/or local rules and regulations apply.
3.) Start/End Dates: Contest begins at 12:00:01 a.m. Eastern Time (“ET”) on Monday, June 15, 2015 and ends at 11:59:59 p.m. ET Thursday, June 25, 2015.
4.) How to Enter: Beginning 12:00:01 a.m. ET on Monday, June 15, 2015, individuals will be asked to, using a smartphone/MMS capable camera phone, take a photo or screenshot of the image of the landing page located at www.textkansasband.com and via MMS message, text that photo or screenshot to the text address firstname.lastname@example.org. Entries will be deemed made by the authorized account holder of the mobile device messaged at the time of entry. The “authorized account holder” is defined as the natural person who is assigned to a telephone number, e-mail address by an Internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address or telephone number. All entries must be received by 11:59:59 p.m. ET on Thursday, June 25, 2015.
5.) Entry Errors/Tampering: Sponsor reserves the right to void all entries made through any third-party service, or through any robotic, automatic, mechanical, programmed or similar entry duplication method, and to disqualify any individual using such a service or entry method, as applicable. Sponsor is not responsible for: (i) electronic, wireless or digital transmissions or any entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or not received by Sponsor or its agents 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; (iii) destruction of or unauthorized access to, or alteration of, entries; (iv) failed or unavailable hardware, network, software, or telephone transmissions; (v) damage to entrant’s or any person’s mobile device, computer or its contents; (vi) causes beyond Sponsor’s reasonable control that jeopardize the administration, security, fairness, integrity or proper conduct of this Contest; (vii) any entries submitted in a manner that is not expressly allowed under these Official Rules; (viii) incorrect or inaccurate entry information whether caused by entrants or by any of the equipment or programming associated with or utilized in the Contest; (ix) any typographical or other error in the printing or advertising of the offer, administration or execution of the Contest, or in the announcement of prize or prize winner; (x) malfunctions or interference resulting from illicit, malicious or injurious code (including but not limited to viruses, worms and denial of service attacks); or (xi) cheating or fraud by any participant.
All incomplete or non-conforming entries will be disqualified. All entries become Sponsor’s property and will not be returned.
If for any reason the sweepstakes cannot be executed as planned, including but not limited to any printing, administrative, 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 Contest, or if the Contest is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Contest and, if terminated before the original end date, to select the winner from among all eligible non-suspect entries received as of the date/time of termination. Sponsor reserves the right, at its sole discretion, to disqualify and prosecute any individual who tampers with or attempts to tamper with the entry process or who enters using any automatic or programmed entry duplication method.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE ANY WEBSITE OR OTHERWISE CORRUPT THE CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY, PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
6.) Prizes: One (1) Grand Prize winner will be selected in accordance with these Official Rules and will be awarded one (1) “Miracles Out Of Nowhere” DVD booklet autographed by Phil Ehart, Dave Hope, Kerry Livgren, Robby Steinhardt, Steve Walsh, and Richard Williams. (Approximate value $100)
Ten (10) Second Prize winners will be selected in accordance with these Official Rules will be awarded one (1) “Miracles Out Of Nowhere” movie poster. (Approximate value $20)
7.) Further Entry Conditions: Proof of submission of an entry does not constitute proof of receipt of entry by Sponsor. By entering, entrants acknowledge their compliance with and agreement to be bound by these Official Rules and the Sponsor’s decisions. All entries become the property of Sponsor and will not be returned.
8.) Determination of Winner/Odds of Winning: Winner will be determined in a random drawing from among all eligible entries received during the Sweepstakes Period. The drawing will be conducted on or about June 29, 2015 by Sponsor or Sponsor’s agent. Odds of winning will depend on the total number of eligible entries received. Potential winner(s) will be notified by phone, mail or e-mail by or about June 29, 2015. Prize winner(s) may also be posted on www.kansasband.com, www.facebook.com/kansasband, & www.twitter.com/kansasband following verification of winner and may be announced by news release. Winning is contingent upon fulfilling all requirements of these Official Rules.
9.) Verification/Prize Claim: Winner must provide positive identification specified by Sponsor to claim or participate in a prize. Winner will be required to sign and return an Affidavit of Eligibility, Liability Release and, where permitted by law, Publicity Release without additional compensation within ten (10) business days of notification or the prize will be forfeited and awarded to an alternate winner, time permitting, in a random drawing from among all remaining entries. If prize notification is returned as undeliverable, or if Sponsor, in its sole discretion, deems potential winner ineligible to receive a prize for any reason, the prize will be forfeited and awarded to an alternate winner, time permitting, in a random drawing from among all remaining entries. Sponsor’s decisions will be final, binding and non-appealable in all matters relating to this Contest.
10.) Limitations on Liability: By entering, each entrant agrees to abide by the terms of these Official Rules and by the decisions of the Sponsor, and agrees to indemnify, release, defend and hold harmless the Sponsor, their respective parent companies, subsidiaries, affiliates and agencies, and the officers, directors and employees of each of the foregoing (collectively, the “Released Parties”), from and against any and all liability for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury (including without limitation emotional distress) and/or death, publicity rights, defamation or invasion of privacy or merchandise delivery arising from or in connection with participation in the Contest or the acceptance, possession and/or use/misuse of a prize (if awarded to him/her) or his/her participation in prize-related activities (if applicable), including but not limited to travel related thereto.
By accepting a prize, winner agrees that any liability concerning or arising out of his/her prize rests solely with the common carrier on which the winner traveled, the hotel that provided lodging, or the manufacturer of the goods, (as applicable) and/or the respective affiliates of each of the foregoing.
Furthermore, winner, by accepting a prize, acknowledges that neither Sponsor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to such prize, including, but not limited to, its quality, mechanical condition or fitness for a particular purpose.
11.) Consent to Publicity: By accepting the prize, winner further consents to Sponsor’s use of his/her name, voice, statements and/or likeness for advertising, promotion, public relations or trade purposes in commerce and in any media worldwide without limitation or additional compensation or notice, unless prohibited by law.
12.) Disputes/Venue/Governing Law: By participating, entrants agree that: (a) any and all disputes, claims and causes of action arising out of, or connected with, this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal, state or local court located in the State of Georgia; (b) 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 Contest, but in no event attorneys’ fees; and (c) 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 CONSEQUNTIAL DAMAGES, SO 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 Contest, shall be governed by, and construed in accordance with, the laws of the State of Georgia, without giving effect to any choice of law or conflict of law rules (whether of Georgia or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than Georgia.
14.) Winner Information: For name of winner, send a self-addressed stamped business-size envelope after July 1, 2015 and no later than September 1, 2015 to: Text KANSAS Band Miracles Out Of Nowhere Sweepstakes, The Full Magilla, LLC., 5041 Dallas Hwy, STE 610, Powder Springs, GA 30127.
15.) Sponsor(s): The Sponsors of this Sweepstakes are:
The Full Magilla, LLC.
5041 Dallas Hwy, Ste 610
Powder Springs, GA 30127