1. Eligibility. The Firefly Music Festival 10th Anniversary Sweepstakes (the "Sweepstakes") is open only to legal residents of the fifty (50) United States or the District of Columbia, who are at least the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) at the time of entry. Employees, officers and directors (and each of their immediate family members (i.e., parents, legal guardians, children, grandparents, grandchildren, spouses or siblings and their respective spouses) and those living in their same households, whether or not legally related) of Firefly Music Festival, LLC and AEG Presents LLC (collectively, "Sponsor") and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win the Sweepstakes. By participating, entrants (each, an "Entrant" and collectively, the "Entrants") agree to be bound by these "Official Rules" and the decisions of the Judges (defined below) and/or Sponsor, which are binding and final on matters relating to this Sweepstakes, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.
2. Entry Periods. The Sweepstakes begins on or about June 1, 2022 and ends at 11:59 p.m. Eastern Time ("ET") on June 30, 2022, unless otherwise extended in Sponsor's sole and absolute discretion (the "Sweepstakes Period").
3. How to Enter.
All entries must be received by the end of the Sweepstakes Period to be eligible for judging. For purposes of this Sweepstakes, an online entry is "received" when the Sweepstakes Website's servers record the entry information. The database clock of Sponsor's Sweepstakes Website will be the official timekeeper for the Sweepstakes. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor's sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned.
In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail account from which it was sent (or the email that was provided on a postcard entry) but only if such person is otherwise eligible. The "account holder" is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. Entrants may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the Entrant.
4. Representations and Warranties. Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Each Entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her submission to any other third party. Further, each Entrant represents and warrants that Sponsor's use of any submission shall not violate an agreement to which such Entrant has signed.
5. Indemnity. Entrants agree to defend, indemnify and hold harmless the Released Parties from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of any breach of any representation, warranty or covenant made by such Entrant in connection with his or her acceptance of these Official Rules or Sweepstakes activities.
6. Determining the Winner. One (1) Entrant will be selected as the Winner. Any Entrant selected as Winner shall be referred to as a Potential Winner until such time as it can be verified by the Sponsor or its designee that the Potential Winner has complied with these Official Rules and met the terms and conditions set forth herein. Once verified, the Potential Winner shall be declared the Winner. Odds of winning depend on the number of entries received.
7. Winner Notification. Each Potential Winner will be notified by mail and/or e-mail (as selected by Sponsor) on or about July 1, 2022, unless extended by Sponsor. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, one (1) day after sending via a delivery service or two (2) days after mailing. As a condition to participating in the Sweepstakes, each Entrant agrees that if they are selected as a Potential Winner, they, and any individual that will be accompanying the Potential Winner (if applicable) will be required to execute and return a number of agreements which may include, in Sponsor's discretion, but not limited to: an affidavit of eligibility, a liability release, a publicity release, an intellectual property grant and services and performances agreements (collectively, "Prize Acceptance Documents") within three (3) days of date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a Potential Winner or a Potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor's discretion, an alternate winner selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner at Sponsor's discretion. If any Potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the prize for any reason prior to award, such Potential Winner may be disqualified and an alternate potential winner may be selected at Sponsor's discretion. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the Potential Winner.
8. Prize. Each Winner will receive the following (collectively, the "Prize"):
9. General Conditions. By participating in the Sweepstakes, Entrants and their guests (if applicable) agree to be bound by decisions of Sponsor and its personnel. Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Sweepstakes Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Sweepstakes Website. Persons who tamper with or abuse any aspect of the Sweepstakes or Sweepstakes Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor's sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the Potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Release. By participating in the Sweepstakes, Entrants agree to release, discharge and hold harmless Firefly Music Festival, LLC, AEG Presents LLC and Anschutz Entertainment Group, Inc., any artist participating in the Festival, any advertising and promotion agencies and, as applicable, each of their respective parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, attorneys, successors and assigns ("Released Parties"): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants' participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant's (up to and including death) or any other person's equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: (A) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize's quality or fitness for a particular purpose; and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties and (2) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants' attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
11. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor's control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
12. Governing Law / Limitation of Liability. THESE OFFICIAL RULES SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE STATE OF CALIFORNIA AS APPLIED TO AGREEMENTS ENTERED INTO AMONG CALIFORNIA RESIDENTS TO BE PERFORMED ENTIRELY WITHIN CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAWS RULES. NOTWITHSTANDING THE FOREGOING, ANY DISPUTE ARISING OUT OF OR RELATED TO THE OFFICIAL RULES SHALL BE LITIGATED EXCLUSIVELY IN THE COURTS OF LOS ANGELES COUNTY, CALIFORNIA.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS' REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Disputes / Arbitration / No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as supplemented by AAA's Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Los Angeles County, California and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Los Angeles County, California, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys' fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.
14. List of Sweepstakes Winners / Official Rules Requests. To receive a list of winners or copy of the Official Rules, send a self-addressed stamped envelope to Firefly Music Festival, LLC, Attn: Legal Dept., 425 W. 11th St., Suite 400, Los Angeles, CA 90015, within sixty (60) days of the expiration of the Sweepstakes Period. Vermont residents may omit return postage with Official Rules requests.
16. Severability. In the event that any provision of these Official Rules or the Prize Acceptance Documents becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that no such severability shall be effective if it materially changes the economic benefit of this Agreement to any party.
17. Waiver. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Sponsor's failure to seek redress for the violation of or to insist on strict performance of any provision of these Official Rules shall not prevent or dilute its right to insist later on such performance of the same or a similar provision or to have redress for the same or a similar violation, regardless of its prior knowledge or lack of knowledge.
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