NO PURCHASE IS NECESSARY TO ENTER OR WIN
1) PROMOTION: Rdio’s Rock Out With Kings of Leon at Austin City Limits Sweepstakes (the “Promotion”).
2) SPONSOR: Rdio, Inc. (“Rdio”), 1550 Bryant Street, Suite 200, San Francisco, CA 94103. Rdio advertisers do not endorse or sponsor, and are not otherwise affiliated with, the Promotion. Although the Promotion is administered through a Facebook and Twitter interface, the Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. Any questions, comments or complaints regarding the Promotion should be directed to Rdio and not Facebook, Twitter or Administrator (as defined below).
3) ADMINISTRATOR: Spokes Labs, Inc. (“Administrator”), Spokes Labs, Inc., 1108 Howard Street, San Francisco, CA 94107.
4) TO ENTER: You may enter the Promotion online by completing the entry form found by linking from www.facebook.com/rdio. You will be required to “Like” the Rdio Facebook fan page (if you are already a “Liker”, you will not be required to repeat this action) to access the Promotion. If a Facebook permissions box opens, you will be required to click yes to allow the application to access the information described in the box. You will be required to click “Enter” and agree to the terms of these Official Rules. The order of these steps may vary. You can also share the Promotion through Facebook and for every one person who enters through your share you are entered once again.
A second way to enter the Promotion online is by completing the entry form found by linking from http://www.spokeslabs.com/rdio/acl/twitter/. You will be required to follow @Rdio on Twitter and tweet out one pre-populated message (if you already follow @Rdio on Twitter, you will only be required to tweet out the one pre-populated message) to access the Promotion. If a Twitter permission box opens, you will be required to click yes to allow the application to access the information described in the box. You will be required to click “Enter” and agree to the terms of these Official Rules. The order of these steps may vary. You can also share on one occasion the Promotion through Twitter and by doing so, you will receive another entry into the Promotion.
These steps will enter you in the Promotion. To enter, entrants must complete all information requested in the entry form. No registration or paid subscription is required to enter. All entries must be received within the applicable period described below in Section 5. All entries become the property of Rdio and will not be acknowledged or returned. Entries are limited to one (1) entry per natural person on Facebook over the Promotion Period, and two (2) entries per natural person on Twitter over the Promotion Period. Each person may use only one email address, Facebook account and Twitter account to participate in the Promotion. Any attempt to exceed this limit in any way, including by using multiple/different e-mail addresses or Facebook/Twitter accounts, identities or any other online methods, may void all of the entrant’s entries and result in disqualification.
By entering, entrants agree to comply with and be bound by these Official Rules including all eligibility requirements. Rdio reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Rdio, Administrator and their agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at a website does not constitute proof of delivery or receipt. Rdio reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the Entry is submitted.
Rdio and/or Administrator may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines such entrant is attempting to undermine the legitimate operation of the Sweepstakes in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other parties or representatives of Rdio and/or Administrator. Use of any automated system to participate is strictly prohibited and will result in disqualification.
5) PROMOTION PERIOD: The Promotion begins at 9:00:01 AM PT on September 13, 2013 and ends at 5:59:59 PM PT on September 26, 2013 (the “Promotion Period”). A computer owned by Rdio will be the official time-keeping device for the Promotion.
6) ELIGIBILITY: The Sweepstakes is open to all legal residents of Canada (excluding Quebec), who (1) have a Facebook account or Twitter account, (2) are over the age of majority in the jurisdiction in which they reside at the time of entry, and (3) have Internet access, but is void where prohibited or restricted by law. Employees, officers, and directors of Rdio, its respective divisions, subsidiaries, affiliates, advertising and promotion agencies, and Administrator and such other parties responsible for the development and administration of this Sweepstakes, and the immediate family members (spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the households, of the above, whether related or not, are not eligible to participate. The Sweepstakes is subject to all applicable federal, state, provincial, territorial and local laws and regulations. By participating in the Sweepstakes, and/or accepting the prize, entrants agree to release Rdio, Facebook, Twitter, Administrator, and their respective directors, employees, officers, and agents, including without limitation, Rdio’s advertising and promotion agencies, from any and all liability, loss or damages arising from or in connection with the Sweepstakes and, if declared a winner, the awarding, receipt, and/or use or misuse of a prize or participation in any prize-related activities.
7) WINNER SELECTION; NOTIFICATION; ODDS OF WINNING: One drawing from the successful entries received during the Promotion Period will occur on or about September 27, 2013. Rdio’s decision making will be final and binding in all matters relating to this Sweepstakes. Odds of winning the drawing will depend upon the total number of eligible entries received over the course of the Promotion Period. NOTE: If a resident of Canada is selected in a random drawing as eligible to win, he or she must first correctly answer without assistance of any kind, whether mechanical or otherwise, a mathematical skill-testing question to be administered by email. The winner of the Promotion will be notified by e-mail using the email address provided in the Promotion Entry within two (2) calendar days after the Promotion Period. If the Promotion winner has not responded within two (2) calendar days of the sending of notification by Rdio, an alternate winner may be selected by Rdio in its sole discretion (and will be subject to disqualification in the same manner). The winner of the Promotion will be required to execute and return a declaration or affidavit of eligibility, prize acceptance, liability & publicity release (except where prohibited) (the “Affidavit”) within three (3) calendar days of notification. Without limiting the above, forfeiture of a prize, in whole or in part, may result from any of the following at Rdio’s discretion: (1) failure of a potential winner to execute and return an Affidavit, by the deadline specified in the notification; (2) the return of any notification or prize as undeliverable; and (3) any other non-compliance with these Official Rules. Rdio and Administrator are not responsible for the failure for any reason whatsoever of a potential winner to receive any notification from Rdio or Administrator, or for the failure of Rdio or Administrator to receive any response or Affidavit from a potential winner. Return of any notification or Affidavit as undeliverable, the inability of Rdio or Administrator to contact a potential winner, the failure of a potential winner to contact Rdio or Administrator in a timely manner, the inability of a potential winner to accept or receive the prize for any reason, and/or the non-acceptance by a potential winner of any prize for any reason will result in disqualification of such potential winner, and an alternate winner will be selected randomly from all remaining eligible entries received. In the event that, for whatever reason, Rdio cannot select a winner after two attempts, including, without limitation, because a potential winner does not respond, refuses to accept a prize or for any of the other reasons identified in these Official Rules, Rdio may, in its sole discretion, terminate the Promotion.
8) PRIZE: There is one (1) grand prize available. The grand prize comprises: (a) two (2) VIP tickets to Austin City Limits Music Festival at Zilker Park on October 11-13, 2013, (b) two (2) round trip airfare tickets (coach/economy class) to the major metropolitan/international airport nearest to the foregoing concert, (c) four (4) nights lodging (double occupancy) at a hotel determined by Rdio within a reasonable driving distance to the foregoing concert, and (d) a two (2) one-year subscription to Rdio’s Unlimited music service at no cost to the winner. The grand prize winner will be required to: (i) provide specified personal information to facilitate the administration of the Rdio Unlimited music service, and (ii) at the winner’s own expense, have Internet access. Subscription to Rdio’s music service requires the existence or creation of a user account. Failure to comply with these terms will result in forfeiture of a prize. Use of the Rdio music service is subject to Rdio’s Terms of Service. Rdio reserves the right to adjust the pricing of its subscription services at any time, and actual subscription periods and exchange rates may vary. The grand prize may, at the winner’s discretion, include an international flight, however, the grand prize winner will be solely responsible, at their own expense, to obtain a duly issued passport and/or other required government-issued travel documentation. The grand prize does not include any travel accommodations or benefits (including, without limitation, cash) other than those expressly described above. The grand prize winner will be solely responsible for their own travel expenses (including, without limitation, food including room service, rental car costs, taxi fares and other ground transportation costs, airline baggage fees, additional airline fees, taxes and costs, and other costs and expenses). Approximate retail value of the grand prize is $5,000.00 USD. The winners are not entitled to the difference, if any, between the stated approximate and actual retail value of the prize. No substitutions, cash equivalents, or transfers of the prize are permitted except at the sole discretion of Rdio. For the avoidance of doubt, the prize is personal to the winner and may not be transferred to the winner’s successors, beneficiaries or assigns, whether by will, trust, agreement or otherwise. Rdio reserves the right to substitute a prize of equal or greater monetary value at any time in its sole discretion. The winners are responsible for the payment of any applicable taxes on the prize, and for any and all other expenses that may be associated with receiving the prize, including without limitation, any costs associated with Internet access. The prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the grand prize is at the winner’s sole risk and Rdio and Administrator are not responsible for damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the prize. Rdio and Administrator reserve the right to verify eligibility of the winner. The prize will be awarded by email or such other method determined by Rdio, using the information provided in the Promotion Entry.
10) RELEASE AND LIMITATION OF LIABILITY: BY PARTICIPATING IN THE PROMOTION, ENTRANTS AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS RDIO, ITS RESPECTIVE AFFILIATES, ITS ADVERTISING AND PROMOTION AGENCIES, FACEBOOK, TWITTER, ADMINISTRATOR AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY INJURIES, LOSSES, DAMAGES, CLAIMS, ACTIONS AND ANY LIABILITY OF ANY KIND RESULTING FROM OR ARISING FROM THE PROMOTION OR ACCEPTANCE, POSSESSION, USE, MISUSE OR NONUSE OF THE PRIZE THAT MAY BE AWARDED. RELEASEES ARE NOT RESPONSIBLE FOR COMPUTER, PRINTING, TYPOGRAPHICAL, HUMAN, OR OTHER ERRORS, INCLUDING, WITHOUT LIMITATION, ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION, THE ANNOUNCEMENT OF THE PRIZE, THE PROCESSING OF ENTRIES OR IN ANY PROMOTION RELATED MATERIALS; OR FOR ILLEGIBLE ENTRIES OR ENTRIES THAT FAIL TO ENTER INTO THE PROCESSING SYSTEM, OR ARE PROCESSED, REPORTED, OR TRANSMITTED LATE OR INCORRECTLY OR ARE LOST FOR ANY REASON INCLUDING COMPUTER, TELEPHONE, PAPER TRANSFER, HUMAN OR OTHER ERROR; OR FOR ELECTRONIC, COMPUTER, OR TELEPHONIC MALFUNCTION OR ERROR. IF IN RDIO'S OPINION, THERE IS ANY SUSPECTED OR ACTUAL EVIDENCE OF ELECTRONIC OR NON-ELECTRONIC TAMPERING WITH ANY PORTION OF THE PROMOTION, OR IF COMPUTER VIRUSES, BUGS, UNAUTHORIZED INTERVENTION, FRAUD, OR TECHNICAL DIFFICULTIES OR FAILURES OR COMPROMISE OR CORRUPT OR AFFECT THE ADMINISTRATION, INTEGRITY, SECURITY, FAIRNESS, OR PROPER CONDUCT OF THE PROMOTION, OR IF THE PROMOTION CANNOT BE CONDUCTED AS DESCRIBED HEREIN FOR ANY REASON, RDIO RESERVES THE RIGHT AT ITS SOLE DISCRETION TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS WITH THE ENTRY PROCESS AND OR VOID ANY ENTRIES SUBMITTED FRAUDULENTLY, TO MODIFY OR SUSPEND THE PROMOTION, OR TO TERMINATE THE PROMOTION WITH OR WITHOUT NOTICE. AS A CONDITION OF ENTERING THE PROMOTION, ENTRANT AGREES THAT: A. UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; AND B. ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, BUT IN NO EVENT ATTORNEYS FEES.
11) GENERAL TERMS: Rdio reserves the right to make changes or additions to these Official Rules and/or extend the dates of the Promotion Period for this Promotion for any reason at any time. Rdio’s and/or Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RDIO AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
a. Binding Arbitration. Each entrant agrees that any dispute, controversy or claim related to these Official Rules (a “Claim”), to the extent unable to be resolved through mutual negotiations continuing for a period of at least thirty (30) days, may, upon the delivery of a written election of either the entrant, on the one hand, or Rdio or Administrator (each a “Sweeps Party”), on the other hand, with the exception of those Claims expressly excluded in paragraph 12.e., be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Official Rules. In the event of a conflict between the terms set forth in these Official Rules and the JAMS Rules, the terms set forth in these Official Rules will control and prevail. Except as otherwise set forth in paragraph 12.e., an entrant may seek any remedies available to him or her under federal, provincial, state or local laws in an arbitration action. As part of the arbitration, an entrant and any Sweeps Party will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Official Rules, (i) an entrant and any Sweeps Party may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision is final, binding on all parties and enforceable in any court that has jurisdiction.
BY AGREEING TO THIS ARBITRATION PROVISION, EACH ENTRANT UNDERSTANDS THAT HE OR SHE IS WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
b. Arbitration Fees. If an entrant initiates arbitration for a Claim, he or she will only need to pay an arbitration initiation fee of $250 and the applicable Sweeps Party will pay all other costs charged by JAMS for initiating the arbitration. If a Sweeps Party is initiating arbitration for a Claim, such Sweeps Party will pay all costs charged by JAMS for the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules. No entrant will be required to pay a Sweeps Party’s attorneys’ fees or other costs if he or she does not prevail in the arbitration. No entrant will seek attorneys’ fees in the event they are deemed the prevailing party.
c. Location. The arbitration will take place in the entrant’s hometown area if the entrant so notifies the applicable Sweeps Party in his or her notice of arbitration or within then (10) days following receipt of an applicable Sweeps Party’s arbitration notice. In the absence of a notice to conduct the arbitration in the entrant’s hometown area, the arbitration will be conducted in San Francisco, California, unless the parties agree to video, phone and/or internet connection appearances. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided exclusively by a court of competent jurisdiction in San Francisco, State of California, United States of America, and each entrant agrees to submit to the personal jurisdiction of that court.
d. Restrictions. Each entrant agrees that any arbitration shall be limited to the Claim between a Sweeps Party and each such entrant individually. EACH ENTRANT FURTHER AGREES THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
e. Exceptions to Arbitration. Each entrant agrees that the following Claims are not subject to the above provisions concerning binding arbitration: (a) any Claims seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a Sweeps Party; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts’ jurisdiction in lieu of arbitration.
f. Governing Law. Except as otherwise provided in these Official Rules, these Official Rules will be governed by, and will be construed under, the laws of the State of California, without regard to its choice of law principles.
g. Severability. Each Entrant agrees that if any portion of this paragraph 12 is found illegal or unenforceable (except any portion of paragraph 12.e.), that portion shall be severed and the remainder of the Section shall be given full force and effect. If paragraph 12.e. is found to be illegal or unenforceable then no entrant will elect to arbitrate any Claim falling within that portion of paragraph 12.e. found to be illegal or unenforceable and such Claim shall be decided exclusively by a court of competent jurisdiction within San Francisco, State of California, United States of America, and entrant agrees to submit to the personal jurisdiction of that court.
LIMITATIONS ON DAMAGES, VENUE, AND RESTRICTIONS ON CLASS ACTIONS ARE NOT PERMITTED IN ALL JURISDICTIONS AND SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13) WINNER CONFIRMATION: An entrant may request the name of the winners by sending a self-addressed, stamped business-size (#10) envelope to: Rdio, Inc., Rdio — Rock Out With Kings of Leon at Austin City Limits Sweepstakes – Confirmation Request, 1550 Bryant Street, Suite 200, San Francisco, CA 94103. Requests must be postmarked within five (5) calendar days after the end of the Promotion Period and received within ten (10) business days after the end of the Promotion Period. Residents of Canada may omit return postage.