Dada Free Music Giveaway Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO PLAY OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Dada Free Music Giveaway (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Verizon Wireless customers are not eligible to participate in the Sweepstakes. Employees, officers and representatives of Dada Entertainment (“Dada” or “Sponsor’), as well as the immediate family and household members of each such employee, officer or representative are not eligible to enter or to win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Receipt of a prize is contingent upon fulfilling all requirements set forth herein.
2. Timing: The Sweepstakes begins at 12:00 a.m. Eastern Time ("ET"), May 7, 2008 and ends at 11:59 p.m. ET, June 5, 2008 (the "Promotion Period"). Mail-in entries must be postmarked and received by June 5, 2008
3. How to Enter:
a. Existing/New Subscribers: If you have an active Dada subscription during the Promotion Period, and you download a full track song (Mp3) from the Dada service, you will be automatically entered into the Sweepstakes. If you are not yet a Dada subscriber, you may go to us.dada.net and follow the links and instructions to purchase a monthly subscription and download a full track song (Mp3). Limit one (1) entry per person during the Promotion Period, regardless of entry method.
b. Alternate Method of Entry:If you wish to enter the Sweepstakes for free during the Promotion Period, you may send a 3 ½ x 5 ½ postcard with your name, address, daytime area code and home telephone number and email address to Dada Free Music giveaway c/o Dada Entertainment, 14 Penn Plaza, Suite 501, New York, NY 10122. All mailed entries must be postmarked and received by June 5, 2008. Each entry must be on a separate postcard. Postcards mailed in envelopes will be discarded and not eligible for Sweepstakes entry. Limit one (1) entry per person during the Promotion Period, regardless of entry method.
Delivery of prizes requires a street address (no P.O. Boxes). No facsimiles, mechanical reproductions, alterations or forged entries will be accepted. Entry will be deemed made by the authorized account holder of the mobile phone or home telephone number associated with such entry. As a result, be sure to use your own true and correct mobile and/or home telephone number when you enter.
4. How to Win: Each day during the Promotion Period, one (1) prize winner will be randomly selected from among all eligible entries received prior to the drawing date. Random drawings will be conducted by Sponsor, whose decisions shall be final and binding in all respects. Potential winners will be notified by the mobile phone or telephone number (depending upon the method of entry) provided at the time of entry. Potential winners must respond to such notification within three (3) days after being notified. Prior to the prize being awarded, the winner may be required to execute and return a notarized Affidavit of Eligibility and Liability/Publicity Release within ten (10) days following attempted notification. Non-compliance within this time period may result in forfeiture of the prize. Winner may be required to provide Sponsor picture proof of identification, which may include a driver's license, passport, voting card or similar government issued identification. In addition, the winner may be required to provide Sponsor with proof that he/she is the authorized account holder of the mobile phone or home telephone number associated with the potential winning entry. Return of any prize/prize notification as undeliverable may result in forfeiture. In no case shall Sponsor be liable in any manner where a winner has not received notification sent by Sponsor or where Sponsor fails to receive a response from the winner within the required response period. In the event that the original winner forfeits the prize, Sponsor reserves the right to select an alternate winner from among the remaining eligible entries.
5. Prizes: One (1) Grand Prize which consists of the following: One (1) year of free service to Dada.net, Average Retail Value (“ARV”): $119.88; and twenty-nine (29) Second Place Prizes which consist of: One Hundred (100) Mp3 downloads from Dada.net, ARV: $99. Total ARV of all prize components is $3,029. Federal, state and local taxes and all similar fees and assessments, if any, are Winners’ sole responsibility. No transfer, substitution or cash equivalent of prizes will be permitted, except in the sole discretion of Sponsor. Sponsor, at it’s discretion, reserves the right to substitute a prize (or prize component) of comparable or greater value due to unavailability of prize (or prize component) or for any other reason.
6. Odds of Winning: Odds of winning depend on number of eligible entries received during the Promotion Period.
7. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions, biographical information, hometown and state (whether in whole or in part) for advertising and promotional purposes, worldwide, in perpetuity, in any media now known or hereafter developed, including on the Internet or via wireless application protocol, without further payment or consideration.
8. Disqualification: Persons found tampering with or abusing any aspect of the Sweepstakes, as solely determined by Sponsor, will be disqualified. If disqualified for any reason, Sponsor reserves the right to terminate entrant’s eligibility to participate in the Sweepstakes. If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, its parent, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes), in the sole opinion of Sponsor, this Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes, in whole or in part, and randomly select the prize winners from among eligible entries received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law.
9. Release: By entering the Sweepstakes, entrant agrees to release and hold harmless Dada Entertainment and any promotional partners, and each of their respective parent, subsidiary, affiliate and related companies, and each of their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any and all liability for any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Sweepstakes or resulting directly of indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Sweepstakes including, without limitation, personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. Restrictions, conditions and limitations apply. Released Parties are not responsible for technical, computer, mobile phone, wireless network, computer network, mechanical, printing, typographical, human or other errors or omissions relating to or which may arise in connection with the Sweepstakes including, without limitation, errors which may occur in connection with the submission of entries, administration of the Sweepstakes, announcement of the winners; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries or Sweepstakes notifications. Sponsor’s sole responsibility for any irregular entry is replacement with another entry in a subsequent drawing, if any.
10. Entrant's Personal Information: Information collected from entrants is subject to the Sponsor’s Privacy Policy post at (http://terms.dada.net/us/privacy).
11. Winner List/Official Rules: A Winners List and/or a copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to the "Dada Free Music Giveaway Winners/ Rules Request", c/o Dada Entertainment, 14 Penn Plaza, Suite 501, New York, NY 10122. All requests for a winners’ list must be received by September 6, 2008.
12. Choice of Law and Venue. Any disputes arising out of or related to the Sweepstakes shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Promotion, the parties agree to submit their dispute for resolution to the state or federal courts located in the City of New York, County of New York, State of New York. Should any part of these Official Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that Sponsor’s Privacy Policy and/or Terms and Conditions are in conflict or inconsistent with these Rules as they pertain to the Sweepstakes, these Rules shall take precedence.
13. Legal Warning. Any attempt by any individual, whether or not an entrant, to damage, destroy, tamper with or vandalize the Sweepstakes, or otherwise interfere with the operation of the Sweepstakes, is a violation of criminal and civil law and Sponsor will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
14. Sponsor:This Sweepstakes is sponsored by Dada Entertainment, 14 Penn Plaza, Suite 501, New York, NY10122.