The “Amazon Music Outside Lands Festival” Promotion
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The “Amazon Music Outside Lands Festival” Promotion (the “Promotion”) begins on or about August 11, 2023 at 11:00 a.m. Pacific Time (“PT”) and ends on August 13, 2023 at 10:00 p.m. PT (the “Promotion Period”). During the Promotion Period, Sponsor will hold a series of six (6) independent drawings (each, a “Drawing”). Two (2) Drawings are scheduled to correspond to one (1) day of the Festival during the Promotion Period (each, a “Day”). One (1) Drawing will take place each Day at 2:00 p.m. PT for the Grand Prize (each, a “VIP Drawing”). The second Drawing will take place each Day at 7:00 p.m. PT for the Second Prizes (each, a “Second Prize Drawing”). Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Amazon Services, LLC, 410 Terry Avenue North, Seattle, Washington, 98109, USA (“Sponsor”), which shall be final and binding in all respects. A free Instagram account is required if you choose to enter the Promotion by making a post. To sign up for Instagram, go to www.instagram.com. Use of the Instagram service will be subject to Instagram’s data policy and terms of use, which are available at: https://help.instagram.com/155833707900388 and https://help.instagram.com/581066165581870?ref=dp. This Promotion is not sponsored, endorsed, administered by, or affiliated with Instagram.
ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and District of Columbia are at least eighteen (18) years of age at the time of entry are eligible to enter who are attending the Outside Lands Music Festival from August 11, 2023 – August 13, 2023 in Golden Gate Park in San Francisco, CA (the “Festival”). Officers, directors and employees of Sponsor and each of their respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Promotion (all such individuals and entities collectively referred to herein as the “Promotion Entities”), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Promotion or win a prize. This Promotion is void where prohibited.
HOW TO ENTER: Each Day during the Promotion Period, two (2) Drawings are scheduled to take place. The entry period for each VIP drawing begins at 11:00 a.m. PT on the applicable Day and ends at 2:00 p.m. PT on the applicable Day (the “VIP Drawing Entry Period”). The entry period for each Second Prize Drawing begins at 11:00 a.m. PT on the applicable Day and ends at 7:00 p.m. PT (the “Second Prize Entry Period”). Entrants who post a Submission between 11:00 a.m. PT and 2:00 p.m. PT on the applicable Day will be eligible for both the VIP Drawing and the Second Prize Drawing for that Day. Entrants who post a Submission after 2:00 p.m. on the applicable Day will be eligible for only the Second Prize Drawing for that Day. To enter a Drawing, during the Entry Period: (i) create an original photo or video from the Festival that complies with the “Submission Requirements” below; and (ii) post the photo or video on the entrant’s Instagram account using the hashtag #AmazonSweepstakes and #AmazonMusicOSL and tagging @amazonmusic (each, a “Submission”). The hashtag #AmazonSweepstakes should be the first hashtag in your post and should appear near the beginning of the post. By posting a Submission, entrants will receive one (1) entry into the Promotion. Each entrant’s account must be public in order to enter the Promotion. Submissions must be published as “public posts” to be eligible to enter. The entrant’s Submission must meet the following “Submission Requirements”: (i) the Submission must be the submitting entrant’s original, previously unpublished work and not feature or focus on any copyrighted material, logos or trademarks that are owned by third parties; (ii) the entrant should either be the only person who appears in the video or, if anyone else appears in the video, the entrant must obtain written permission from that person or those people to include them in the video, and if Sponsor asks to see the written permissions, the entrant must provide them upon request (in the event an entrant cannot provide permissions that are satisfactory to Sponsor, in its sole and absolute discretion, Sponsor reserves the right to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s own benefit, or otherwise allow the applicable Submission to remain in the Promotion); and (iii) the Submission must not include images that are deemed by the Sponsor to be obscene, pornographic, libelous or otherwise objectionable. Limit one (1) Submission per person per Drawing. Each entrant is eligible to win up to one (1) prize in the entire Promotion.
All Submissions must be received by the end of the Promotion Period. No substitutions or new versions of Submissions will be accepted once the original Submission is submitted for consideration. Any Submission that is considered by Sponsor in its sole and absolute discretion to violate the Submission Requirements, in whole or in part, may be disqualified and will not be eligible for entry. Except as otherwise contemplated in these Official Rules,and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used in accordance with Sponsor’s privacy policy located at https://www.amazon.com/gp/help/customer/display.html?nodeId=GX7NJQ4ZB8MHFRNJ
NOTE: Entry must be made by the entrant, only through the entry methods described above. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial Promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or used in the Promotion or by any technical or human error which may occur in processing of the entries in the Promotion. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
WINNER SELECTION AND NOTIFICATION: Each day during the Promotion Period, Sponsor will hold two (2) Drawings to randomly select up to one (1) winner of the VIP prize and up to thirty (30) winners of the second prize.
- VIP Drawing – At approximately 2:00 p.m. PT each Day, Sponsor will conduct one (1) Drawing to randomly select up to one (1) winner of the VIP Prize. A potential winner will be notified via direct message to the Instagram account used to enter the Promotion. The potential winner will need to visit the Amazon Music booth at the Festival within one (1) hour of receiving the Instagram direct message to claim their prize.
- Second Prize Drawing – At approximately 7:00 p.m. PT each Day, Sponsor will conduct one (1) Drawing to randomly select up to thirty (30) winners of the Second Prize. A potential winner will be notified via direct message to the Instagram account used to enter the Promotion. The potential winner will need to visit the Amazon Music booth at the Festival to claim their prize.
The Drawings will be conducted by Sponsor or its designee, using randomization methods selected by Sponsor in its sole discretion. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding each prize. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the winner notification, or if the prize or winner notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential winners of an applicable prize in accordance with such procedure, and if there is still no confirmed winners of such applicable prize after such attempts have been made, if any, the corresponding prize may go unawarded.
PRIZES/ODDS: One (1) VIP Prize and thirty (30) Second Prizes are available in each Drawing. The VIP Prize consists of two (2) VIP upgrade packages to the Festival for the day of the Drawing. Each second prize will consist of one (1) pair of Sony earbuds. The approximate retail value (“ARV”) of each VIP Prize experience is $500.00. The ARV for each pair of Sony earbuds is $199.00. The total ARV of all prizes awarded in each Drawing is $19,410.00.
No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
Actual odds of winning depend on the number of eligible entries received in each Drawing.
GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All portions of the prize are non-assignable and non-transferable. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize of comparable value if any prize listed is unavailable, in whole or in part, for any reason. The prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. Sponsor may, in its sole discretion, deduct or withhold the amount of applicable tax on any cash or cash equivalent prize. The Sponsor will issue and file an IRS Form 1099 or equivalent tax withholding documentation for the retail value of any prize or other items of value transferred to the prize winner by the Sponsor in accordance with IRS requirements, and the Sponsor may also share such documentation with a state or local government agency as required by law. Refusal or failure of the prize winner to satisfy the requirements of all necessary and appropriate tax, withholding or other required compliance terms (including Social Security number, IRS Form W8BEN, IRS Form W9, or equivalent information), as determined by the Sponsor in its sole discretion, may result in the prize winner forfeiting the prize and an alternate potential winner may be selected in accordance with these Official Rules. Sponsor will award prizes subject to any applicable withholding taxes, and the amount of the prize transferred, as reduced by any applicable withholding taxes, will constitute full payment of the prize, as applicable. The potential winner will be required to execute an Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents by the deadline specified in the prize notification, the winner may be disqualified and an alternate winner may be selected.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each entrant (and any minor entrant’s parent or legal guardian) represents and warrants as follows: (i) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; (ii) the Submission meets the Submission Requirements, and does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant (and any minor entrant’s parent or legal guardian) agrees to indemnify the Promotion Entities and hold them harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by entrant while participating in the Promotion.
PUBLICITY RELEASE: Without in any way limiting the rights granted in the Submission, as set forth above, acceptance of a prize constitutes winner’s permission for the Promotion Entities to use each winner’s Submission (if applicable) and his or her name, social media handle, photograph, likeness, voice, biographical information, statements and address (city and state) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Promotion, Promotion Entities, and all uses of the Submission permitted herein, worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the winners.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant (and any minor entrant’s parent or legal guardian) hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Promotion does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to the Promotion Entities or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Promotion Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Each entrant agrees that Sponsor (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due entries or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. If a dispute as to the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry may be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor reserves the right to modify, suspend, or terminate the Promotion. If the Promotion is terminated before the designated end date, Sponsor may (if possible) select the winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If 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.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF WASHINGTON WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
CHOICE OF LAW. To the extent permitted by law, this promotion is governed by the laws of the state of Washington, USA. Any and all legal actions or claims arising in connection with this promotion must be brought in a court of competent jurisdiction in King County, Washington, USA.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required winners list, send a self-addressed stamped envelope to: The Amazon Music Outside Lands Festival Promotion Winners List, Amazon Services, LLC, 410 Terry Avenue North, Seattle, Washington, 98109, USA. All such requests must be received within six (6) weeks after the end of the Promotion Period.