THE METROMIX PICKSNO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Metromix Picks Kurios Sweepstakes (the “Promotion”) is sponsored by Metromix Chicago LLC (“Sponsor”). Prize is provided by Live Nation Worldwide, Inc. (“Prize Provider”). Promotion is offered only in the following counties: Cook, Lake, McHenry, DuPage, Kane and Will (“Promotion Area”). Void outside Promotion Area and where prohibited.
Sponsor will be entitled to interpret these Official Rules — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, entrants agree to these Official Rules.
Winner will be issued an IRS 1099 MISC tax form (or its equivalent) for the Total Approximate Retail Value (“ARV”) of the prize awarded if required and is solely and exclusively responsible for any and all state, federal, or local income taxes or other fees that may result from his or her acceptance of any prize. Winner may also be required to provide Sponsor a valid social security number for tax purposes.
Promotion begins on Wednesday, April 22, 2015 at 12:01 AM CT and runs through 11:59 PM on Sunday, May 17, 2015 (the “Promotion Period”). Drawing to determine winner will be held weekly on or about May 18, 2015. Sponsor’s computer is the official time-keeping device for this Promotion.
To be eligible, each entrant must be at least 18 years old and be a legal resident of the Promotion Area (above) as of the Promotion start date. You must also, as of the Promotion start date, own a device capable of downloading and running iOS or Android apps as well as a data plan sufficient to allow for the downloading of such apps.
Officers, directors, members, and employees of Sponsor, Live Nation Worldwide, Inc. (“Prize Provider”), Tribune Publishing Company, any affiliated companies, any prize supplier or entity directly involved in the development or administration of this Promotion (collectively, the “Promotion Parties”), and the immediate family members of the foregoing individuals (defined as spouse, children, parents, siblings, grandparents, and grandchildren) and members of their households are not eligible to enter or win. The term “household” includes all persons residing together in a single residence, whether or not related.
7. There is one way to enter: Download the Metromix Picks app for iOS or Android, and register as a user on the app. To download, go to iTunes or Google Play and download the free Metromix Picks app for iOS or Android. Once the app is downloaded and you have filled out your user profile, you will be entered to win.
All entries must be received by Sponsor by the close of the Promotion Period. Proof of sending is not proof of receipt by Sponsor. Sponsor will not accept screen shots as proof of entry.
Limit one entry per person. Additional entries received from any such person thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different email addresses, identities, registrations or logins) is prohibited and will void all entries submitted by that entrant. No group submissions will be accepted.
Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. If there is a dispute as to the identity or eligibility of a winner, the entry will be deemed made by the “Authorized Account Holder” of the app used for entry. The Authorized Account Holder is the natural person who is listed as the user in the user profile for the app.
Entrants who fail to provide any required information may be disqualified without further notification by Sponsor. Sponsor is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. Sponsor reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Received entries become the property of Sponsor and will not be returned or acknowledged.
SELECTION, NOTIFICATION AND VERIFICATION OF WINNERS
On or about about May 18, 2015, or within a reasonable time thereafter, Sponsor or its designee will randomly choose 40 names from all eligible entries. Subject to verification of eligibility, the persons whose names are so drawn will be declared the winners.
Sponsor will attempt to contact potential winner in accordance with the information supplied to Sponsor on his or her official entry form. Winner must respond to initial notification within 72 hours and may be required to present valid photo identification, proof of age, residency, and possession of a valid credit card, signed affidavit or declaration of eligibility, liability release, publicity release, tax forms and/or other legal documents to Sponsor no later than 48 hours after agreeing to accept prize. Sponsor may in its sole discretion allow transmission of verification documents via fax or email. Prizes will be sent via USPS from Metromix. Sponsor is not responsible for loss or damage to prize once the prize is in carrier’s possession.
If potential winner: (a) cannot be contacted directly by, or does not respond to, Sponsor within 72 hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) fails to return required documents by the deadlines set forth herein, or (e) is otherwise determined to be ineligible, Sponsor in its discretion may disqualify that individual and an alternate winner may be chosen by random drawing from among remaining eligible entries as soon as reasonably practicable after such disqualification. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. If a winner cannot be verified for a particular prize after one alternate drawing or there is not enough time remaining prior to the Show to verify the winner for such prize, no further drawings will be held for that prize and that prize will not be awarded.
Sponsor may, in its sole discretion, post the verified winner’s name(s) on the Promotion Page and/or any of Sponsor websites.
Prizes: 40 winners will each receive two regular tickets to Cirque du Soleil’s KURIOS—Cabinet of Curiosities (the “Show”) for a Show between August 6 and August 30, 2015 at the United Center (1901 W. Madison St., Chicago), ARV of each prize: $160.00. Total ARV: $6,400.00. Ticket location in the sole discretion of Sponsor, and winner will have a choice among dates (subject to availability) selected by Prize Provider.
The odds of winning depend on the number of eligible entries.
Use of Show tickets is subject to all rules and restrictions of Prize Provider. Visit https://www.cirquedusoleil.com/en/shows/kurios/tickets/chicago.aspx for more information. Promotion Parties will not be responsible for weather, talent illness or otherwise inability to perform, acts of God, acts of terrorism, civil disturbances, strike, work stoppage, or any other natural disaster outside their control that may cause the cancellation or postponement of the Show and the terms and conditions of the tickets will govern in such event. Sponsor will not replace lost, stolen or damaged prize tickets, gift certificates, or similar items once they have been shipped to winner.
Promotion Parties will not be responsible for any cancellations, delays or substitutions or any acts or omissions whatsoever by any other person or entities providing any of these services.
All prize details shall be at Sponsor’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local income, sales and use taxes (if any), or any other taxes, fees, surcharges, gratuities, tips, transportation, parking, souvenirs, concessions, upgrades, personal items, and incidentals. Winner and his or her guest (and parent or legal guardian of guest who is a minor) may be required to provide valid proof of age, residency, and sign liability waivers and/or publicity releases prior to receipt of prize. Guest who is a minor must be accompanied at all times by parent or legal guardian.
Prize is not transferable or redeemable for cash and may not be sold, bartered or auctioned. Prize may not be substituted except that Sponsor in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced by Sponsor.
Any portion of the prize not used by winner is forfeit and no cash substitute will be offered or permitted. Prize offered is provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Merchandise prize carries no warranty other than that offered by manufacturer. Promotion Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
By accepting a prize, the winner and his or her guest grant Sponsor and Prize Provider the right to publicize his or her name, photographs (including the use and appearance of their photograph on Sponsor and Prize Provider’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
Entrants agree that Sponsor, Prize Provider, Tribune Publishing Company, all prize providers and co-sponsors, any other company involved in the development or administration of this Promotion, and all of their respective subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, prize suppliers, officers, directors, employees and related persons (collectively, “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, iTunes, Google Play, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Sponsor by the deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winners, the prizes or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize or any part thereof, including without limitation any injury, loss, and/or damage that result from attendance at the Show.
RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, PRIZE AWARD OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN, THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF THE PRIZE OR ANY PART THEREOF, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY OR TRAVEL, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
All third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and will in no way imply an endorsement or sponsorship of the Promotion or grant to any third party the right to use any such trademarks for any purpose without the prior written consent of the trademark owners.
Sponsor reserves the right to cancel, suspend or terminate this Promotion or any part thereof if Sponsor determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond Sponsor’s control. In such an event, Sponsor will post notice of same at the Promotion Page and select the prize winners by conducting a random drawing from among all eligible, non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as Sponsor, in its sole discretion, deems fair and appropriate under the circumstances.
Sponsor reserves the right to disqualify any individual from further participation in the Promotion if Sponsor concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the Promotion, (b) has disregarded or has attempted to circumvent these Official Rules, or (c) has acted toward any Promotion Party or any other entrant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by Sponsor to enforce any of these Official Rules will not constitute a waiver of such Official Rules.
ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
All activity arising out of and relating to the Promotion, including any reference to an entrant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules and you agree to cooperate with Sponsor concerning such verification and/or auditing. If Sponsor determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, Sponsor reserves the right to disqualify such entry and/or entrant from the Promotion and any prize at any time.
Sponsor reserves the right to correct typographical, printing or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
By entering the Promotion, entrants agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants or Released Parties in connection with the Promotion, shall be governed by Illinois State law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Illinois. All entrants expressly agree that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Cook County, Illinois and entrants consent to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
If any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS’ NAMES/OFFICIAL RULES
For a copy of the Official Rules or the final Winners’ Names (available after May 18, 2015, mail a SASE to: Metromix Picks Kurios Sweepstakes c/o Sponsor, Metromix Chicago, 435 N. Michigan Ave, Chicago, IL 60611, specifying either “Winners’ Names” or “Official Rules.” Requests for Winners’ names must be received by no later than June 30, 2015.
Apple and Google are not sponsors of or involved in the Promotion in any manner. iTunes and Google Play are not sponsors of or involved in the Promotion in any manner.
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Starts 12:01 AM CT 4/22/15 & runs till 5/17/15 at 11:59 PM CT. Open only to residents of Cook, Lake, McHenry, DuPage, Kane & Will counties, 18+ who own device capable of downloading & running iOS or Android apps as well as data plan sufficient to allow for downloading of such apps as of 4/22/15. Void where prohibited & outside sweepstakes area. Excludes Sponsor employees & their hshld/immed fam mbrs. To enter, dwnld free Metromix Picks app and register on the app. Limit 1entry per person. Prizes (40): 2 tix to KURIOS at United Center. ARV: $160. Total ARV: $6,400. Odds of winning depend on # of elig. entries. Other restrs apply. Full rules at www.metromix.com. Sponsor: Metromix Chicago LLC, 435 N. Michigan, Chicago, IL 60611. Apple, iTunes, Google & Google Play are not sponsors of or involved in the sweepstakes in any manner.