“Marc Rebillet is Making an Album” Contest
Full Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASING A PRODUCT WILL NOT IMPROVE YOUR CHANCES OF WINNING.
THE “MARC REBILLET IS MAKING AN ALBUM” CONTEST (“PROMOTION”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE TWENTY-ONE(21) YEARS OF AGE OR OLDER AS OF DATE OF ENTRY. VOID OUTSIDE THE UNITED STATES OR WHERE PROHIBITED BY LAW. PROMOTION IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES CERTAIN RELEASES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES, INCLUDING A WAIVER OF YOUR RIGHT TO A TRIAL BY JURY.
1. ELIGIBILITY:
The Promotion is open to all legal residents of the 50 United States and the District of Colombia who are 21 years of age or older at the time of entry except as set forth below.
Notwithstanding the foregoing, the following individuals and members of their families (parents, grandparents, children, siblings, spouses) and immediate household members (whether related or not) are not eligible for participation: employees, officers, and directors of Sponsor (defined below), and affiliated companies, and Sponsor's advertising and promotional agencies (“Companies”). All federal, state, and local regulations apply.
2. START/END DATES:
The Promotion begins at 12:01 AM Eastern Time (“ET”) on April 29, 2022 and ends at 12:01 AM ET on May 1, 2022 (the “Promotion Period”).
3. HOW TO ENTER:
During the Promotion Period, visit https://album.marcrebillet.com and follow the on-screen entry instructions to enter. You must fully complete the registration, including your name, email address, zip code, phone number, a picture of yourself, and a brief explanation of why you want to join Marc Rebilet in the recording studio. Normal time rates, if any, charged by Internet service provider will apply.
You will also be required to specify whether you plan to bring a guest if you are selected, and will be required to enter certain information about your guest. For clarity, individuals who fail to specify that they will be bringing a guest and provide the requested information will not be able to bring a guest if selected to attend.
Limit one (1) entry per person.
By submitting an entry, entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of Bored Certified LLC (“Sponsor”) and its appointed agents, which will be final and binding in all matters relating to the Promotion.
All entry information shall be collectively referred to herein as the “Submissions” or each as a “Submission.”
By entering, each entrant warrants and represents the following with respect to entrant's Submission: (a) entrant is the sole and exclusive owner of the Submission and entrant has all appropriate rights, powers and authority to grant Sponsor all licenses to the Submission as set forth herein; (b) the Submission will not infringe on any rights of any third parties; (c) to the extent possible under applicable law, no party can invoke any moral rights in relation to the Submissions that have not been duly waived; (d) the Submission and entrant's participation does not violate any local, state, provincial, national or foreign law; and (e) the Submission does not contain the confidential information of any third party, and to the extent it contains entrant's confidential information, such information immediately becomes non-confidential the moment entrant submits the Submission to Sponsor.
Providing a Submission constitutes entrant's agreement that Sponsor shall have an irrevocable, perpetual (or for the duration of protection of the rights where perpetuity is void), right to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, with or without identification of the entrant or any authors of the Submission, in whatever form Sponsor sees fit, for the purpose of administering the Promotion.
Entrants agree that entering the Contest may affect their legal rights, including, but not limited to, each entrant's ability to obtain patent rights, copyright registration, trade secret protection, or other intellectual property or proprietary rights with respect to the information disclosed in the Submission. Entrants agree that Sponsor has not induced any entrant to enter the Contest, and is not responsible or liable to any entrant for any loss of right suffered by any entrant for entering the Contest.
4. PRIZES:
Forty-eight (48) Promotion prizes will be awarded. Each Promotion prize consists of one (1) invitation for the entrant (and, if requested by the entrant during the entry process, one (1) invitation for the entrant's guest) to a private recording session featuring Marc Rebillet, located at a venue in Brooklyn, New York to be further specified by Sponsor, on one of the following dates (the “Event”):
- May 6, 2022
- May 7, 2022
- May 8, 2022
- May 9, 2022
The specific Event date for each winner and guest will be determined by Sponsor, in its sole discretion, and winners and guests will only be permitted to attend on the date specified by Sponsor.
Approximate Retail Value (“ARV”) of each prize: $75. Total ARV of all prizes: $10,800.
In order to attend the Event, winners and guests must have completed a full course of COVID-19 vaccinations and a booster shot, and must provide government- issued documentation of the same as well as government-issued photo identification to Sponsor when attending the Event, and will be required to bring the same to the Event. No potential winner will be an official winner until the same has been returned and eligibility has been formally verified by Sponsor. Please note that vaccination policies are subject to change at the sole discretion of the Released Parties. Winners and guests will not be entitled to a substitute prize in the event that they do not meet any vaccination policies contained herein or otherwise required by the Released Parties.
All expenses and travel costs incurred as a result of seeking, winning, and/or making use of a prize are the sole responsibility of winner. Without limiting the foregoing, the prize does not include transportation or lodging, and winners and guests will be solely responsible for arranging their own travel to the recording session.
All Promotion prize details are at Sponsor's sole discretion. Any prize depiction is for illustrative purposes only and shall not be relied upon. Prizes are not transferable or redeemable for cash. No substitutions of prizes by winners allowed, but Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. No compensation will be paid in lieu of lost or cancelled event. Winners and their guests are strictly prohibited from auctioning, trading or otherwise transferring the prize unless Sponsor consents in writing. The prize is non-transferable and non-assignable, with no cash redemptions except at Sponsor's sole and absolute prize may not be resold or offered for resale. Any such resale may result in disqualification and prize forfeiture. No more than the stated number of prize(s) will be awarded. The Released Parties are not responsible for and winner will not receive the difference, in any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or material. Sponsor will not replace any lost, mutilated, or stolen tickets.
All federal, state, and local taxes, fees, and surcharges on any prize are the sole responsibility of winner of the prize.
6. WINNER SELECTION, NOTIFICATION, AND VERIFICATION:
Judging of entries will take place on or about: 5/3/22.
All Submissions that are in compliance with all terms and conditions of these Official Rules will be judged on the basis of the following equally-weighted criteria (the "Criteria"): c reativ ity , ex ec ution, energy /ex c item ent, and ref lec tion of Sponsor's values. Sponsor or a third party designated by Sponsor (“Judge”) will judge each entry based on the Criteria. In the event of a tie, the highest score in the “reflection of Sponsor's values” category will determine the winner. THE DECISIONS OF THE JUDGE WILL BE FINAL AND BINDING WITH RESPECT TO ALL MATTERS ARISING OUT OF THIS CONTEST. SPONSOR WILL NOT CORRESPOND WITH ENTRANTS ABOUT THE DECISIONS OF THE JUDGE OR THE DETERMINATION OF THE WINNERS OTHER THAN AS EXPRESSLY PROVIDED IN THE RULES.
Potential winners will be contacted by telephone, e-mail, and/or text approximately seventy-two (72) hours prior to the date of the Event (i.e., between 5/2/22 - 5/7/22). If any potential winner cannot be reached within twenty-four (24) hours of first notification attempt, if any prize or prize notification is returned as undeliverable, if any potential winner rejects his/her prize, or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from among all remaining eligible entries. Upon forfeiture of any prize, no compensation will be given. Limit one (1) prize per person.
All potential winners and their guests will be required to sign and return, where legal, a publicity release and/or any other documentation (the “Prize Documents”) in order to enter the Event. At Sponsor's sole option, the Prize Documents may be provided to winners for execution prior to the Event, or may be provided to winners at the Event. If any potential winner fails to comply with these Official Rules and/or to submit the required documentation within the designated time period, they will be automatically disqualified and the prize may be awarded to an alternate winner.
7. LICENSE AND RELEASE:
Participation in the Promotion and acceptance of prize constitute winner's and guests' permission for Sponsor or its agents to photograph, film, and record each winner and guest and to use their name, address (city and state), likeness, photograph, voice, biographical information, and/or any statements made by each winner and guest regarding the recording session, Promotion, or Sponsor for purposes of trade, publicity, or promotion without notice or additional compensation, except where prohibited by law. By participating and/or accepting a prize, entrants, winner(s), and guest(s) acknowledge and agree to release and hold harmless Marc Rebillet, Sponsor, Sponsor's designees and assigns, Sponsor's advertising and promotional agencies, and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors (“Released Parties”) from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including, without limitation, property damage, personal injury, and/or death that may occur in connection with, preparation for, travel to, or participation in the Promotion, or participation in, possession, acceptance, and/or use or misuse of any prize or participation in any Promotion-related activity, including, but not limited to, any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. Sponsor shall not be responsible for any cancellations, delays, diversions, substitutions, or omissions whatsoever by any other persons providing any services to winner, including any results thereof, such as changes in services or location necessitated by same. Sponsor is not responsible if any part of a Promotion prize cannot be awarded due to acts of God, acts of war, natural disasters, weather, or acts of terrorism. Sponsor shall not be liable for any loss or damage to personal belongings. Entrants who do not comply with these Official Rules or who attempt to interfere with this Promotion in any way shall be disqualified. There is no purchase required to participate in the Promotion or to win any prize in the Promotion. A purchase does not increase odds of winning.
8. ADDITIONAL TERMS:
Sponsor reserves the right to alter, suspend, or terminate the Promotion at any time and with or without notice if, in Sponsor's sole discretion, the integrity of the Promotion becomes or is likely to become compromised in any way. No automated devices, bots, and/or other programs and/or software are permitted and such entries and entrants will be disqualified. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. No mass or mechanically reproduced, photocopied, altered, or forged entries will be allowed. Delivery of a prize will require a street address located within the fifty (50) United States or the District of Columbia (except those states where the Promotion is prohibited). Sponsor is not responsible for lost, late, illegible, stolen, torn, altered, incomplete, invalid, unintelligible, misdirected, technically corrupted, garbled, or postage-due entries, which will be disqualified, or for problems of any kind, whether mechanical, human, or electronic. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
In case of a dispute as to the identity of any Internet entrant, an entry made by Internet will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
If for any reason the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, automated entries, requests, fraud, technical failure, human error, or any other cause beyond the control of Sponsor that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right, in their sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify,or suspend the Promotion. Sponsor assumes no responsibility for any error, omission, interruption, telephone or other communications malfunctions, deletion, defect, delay in operation or transmission, communications line failure, or theft or destruction of, unauthorized access to, or alteration of entries. Sponsor is not responsible for any problems or technical malfunctions of any telephone networks or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any website, any combination thereof, or otherwise, including any injury or damage to entrant's or any other person's computer related to, or resulting from, participation or downloading of any materials in the Promotion.
Sponsor and its agents are not responsible for printing, distribution, or production errors and may,in their sole discretion, rescind, cancel, suspend, modify,or revoke this Promotion based upon any such error without liability. In no case will more than the advertised number of prizes be awarded. Antifraud detection devices may be used for verification purposes. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control.
In the event Sponsor is prevented from continuing with the Promotion 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 Promotion by any party, or any federal, state, local or provincial 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 Promotion or prize, as applicable. Sponsor shall further have the right to modify, suspend, or terminate the Promotion or prize, as applicable, if in Sponsor's sole discretion the same should become adversely affected by the COVID-19 pandemic, including without limitation due to any cancellations as applicable and as set forth herein Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
Caution: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Promotion may be a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT'S ACCESS TO, AND USE OF, THE WEBSITES AND/OR THIS PROMOTION, OR ENTRANT'S DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE PROMOTION.
9. DISPUTES AND GOVERNING LAW:
The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Promotion. Any controversy or claim arising out of, or relating to, these Official Rules and/or the Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS AND RULES. For any matters that are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Promotion, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to New York, New York. The parties agree not to raise the defense of forum non conveniens.
10. USE OF DATA:
Sponsor will be collecting personal data about entrants, which may include first name, last name, e-mail address and zip code in accordance with its Privacy Policy. Please review Sponsor's Privacy Policy at https://album.marcrebillet.com/privacy. By participating in the Promotion, entrant hereby agrees to Sponsor's collection and usage of entrant's personal data and acknowledges that entrant has read and accepted Sponsor's privacy policy.
11. LIST OF WINNERS:
To obtain a list of winners, send a self-addressed, stamped envelope, with sufficient postage, to Bored Certified, LLC c/o Nordinger Group, 1790 Broadway, 11th Floor, New York, NY 10019, Attn: Jaime Isobe. All requests for a list of winners must be postmarked by May 1, 2022 and received by May 15, 2022.
12. SPONSOR:
Bored Certified LLC