OFFICIAL SWEEPSTAKES RULES
These are the official sweepstakes rules (“Official Rules”) that apply to the Daylight Giveaway (“Sweepstakes”). This Sweepstakes is sponsored by 88rising, Inc. (“88rising”) and is open only to legal residents of the United States (except Rhode Island and excluding US Territories such as Puerto Rico) (“Eligibility Area”) and shall be construed according to, and governed exclusively by, U.S. law. You may not participate in the Sweepstakes unless you meet the eligibility requirements set forth below and are a legal resident physically located in the United States at the time of entry.
Sweepstakes Description: The Sweepstakes begins on August 27, 2020 at 12:00 PM EST and ends on September 17, 2020 at 11:59 AM EST (the “Sweepstakes Period”). You acknowledge that dates for such Sweepstakes Period are subject to change in 88rising’s sole discretion. At the end of each week, i.e. seven (7) day period, of the Sweepstakes Period, the following number of eligible entrants will be notified as a Prize (as defined below) winner (“Winner”): (1) At the end of the first week of the Sweepstakes Period, August 27, 2020 at 12:00 PM EST to September 3, 2020 at 11:59AM EST (“Week One”), fifty (50) eligible entrants will be notified as winning Prize #1 (as defined below); (2) At the end of the second week of the Sweepstakes Period, September 3, 2020 at 12:00 PM EST to September 10, 2020 11:59 AM EST (“Week Two”), two (2) eligible entrants will be notified as winning Prize #2 (as defined below); and (3) At the end of the third week of the Sweepstakes Period, September 10, 2020 12:00 PM EST to September 17, 2020 at 11:59AM EST (“Week Three”), two (2) eligible entrants will be notified as winning Prize #3 (as defined below). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Sweepstakes Rules as follows:
Eligibility: NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE SWEEPSTAKES. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Only legal residents of the Eligibility Area who are eighteen (18) years of age and older are eligible to enter.
How to Enter/Entries: There are three (3) methods for a participant to enter the Sweepstakes during the Sweepstakes Period, detailed as follows:
(1) Merchandize Purchase:
(i) Purchase Joji merchandise (“Merchandise”) on https://shop.jojimusic.com/; and
(ii) During check-out, click the “Enter to Win” box to enter the Sweepstakes.
(2) Visit Joji Merchandise Shop:
- Browse Merchandise on https://shop.jojimusic.com/; and
- Click on any piece of Merchandise; and
- Click on the “CLICK HERE” link in the description of such Merchandise; and
- Follow the instructions to fill out and submit the form at such link.
(3) Share Sweepstakes and Pre-Save:
- Share the Sweepstakes via Facebook or Twitter by authoring an original public Tweet or public Facebook post containing a link to the website http://daylight.jojimusic.com (the “Post”) via either such website’s share function or on their own Facebook or Twitter; and
- Save the song “Daylight” by Joji to their Apple Music or Spotify; and
- Upon saving, be redirected to fill out a form to complete the entry (the “Form”); and
- Follow the instructions to fill out and submit the Form with a link to the Post and their name, email, and country of residence.
One (1) entry per participant. Multiple participants are not permitted to share the same email address. In case of dispute, an entry will be declared made by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Automated entries are prohibited, and any use of such automated devices will cause disqualification.
Proof of entry, regardless of method of entry, is not considered proof of delivery to or receipt by 88rising of an entry for this Sweepstakes. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to 88rising's satisfaction, the affected entry will be deemed ineligible. All entries must comply with the rules and regulations of Apple Music, Spotify, Facebook and/or Twitter, as applicable, in order to be valid. In the event of entry via method three (3) above, Share Sweepstakes and Pre-Save, the participant’s Facebook and/or Twitter, as applicable, must be set to public.
Winner Entry; Selection; Notification: During the Sweepstakes Period, fifty-two (52) eligible entrants will be selected as Winners in a random drawing from all eligible entries as follows: (1) At the end of Week 1, fifty (50) eligible entrants will be notified as winning (“Week 1 Winners”) Prize #1 (as defined below) from among all eligible entries received throughout Week 1; (2) At the end of Week 2, two (2) eligible entrants will be notified as winning (“Week 2 Winners”) Prize #2 (as defined below) from among all eligible entries received throughout Week 1 and Week 2 but specifically excluding the entries from the Week 1 Winners; and (3) At the end of Week 3, two (2) eligible entrants will be notified as winning Prize #3 (as defined below) from among all eligible entries received throughout Week 1, Week 2, and Week 3 but specifically excluding entries from the Week 1 Winners and Week 2 Winners. All decisions related to who is designated a Winner are final and non-appealable in all matters relating to this Sweepstakes. Each Winner will be notified via the email they provided and will be asked to email their mailing address for delivery of the applicable Prize (as defined below). 88rising shall have no liability for any Winner notification that is lost, intercepted or not received by a potential Winner for any reason. If, despite reasonable efforts, a potential Winner does not respond within twelve (12) hours of the first notification attempt, or if the Prize (as defined below) or prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit his or her Prize (as defined below) 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 Sweepstakes Rules, or declines the Prize (as defined below) for any reason prior to award, such potential Winner will be disqualified and an alternate Winner may be selected.
Description of Prize: The prize values indicated below are an approximate retail value (“ARV”).
Week 1: Fifty (50) eligible entrants selected from a random drawing from all eligible entries received during Week 1 will receive one (1) Joji cereal box with one (1) Joji spoon ($40 USD ARV) (“Prize #1).
Week 2: Two (2) eligible entrants selected from a random drawing from all eligible entries received during Week 1 and Week 2, but specifically excluding the Week 1 Winners, will receive one (1) large Joji spoon ($100 USD ARV) (“Prize #2).
Week 3: Two (2) eligible entrants selected from a random drawing from all eligible entries received during Week 1, Week 2, and Week 3, but specifically excluding entries from the Week 1 Winners and Week 2 Winners, will receive one (1) director's chair labeled with the words "Pretty Boy" ($100 USD ARV) (“Prize #3).
Prize #1, Prize #2, and Prize #3 are individually and collectively referred to herein as “Prize” or “Prizes”. Winners will be responsible for any taxes owed in connection with the Prize and/or use of the Prize. For the avoidance of doubt, Prize does not include travel or accommodation. Winner is responsible for all expenses incurred in connection with the acceptance and use of the Prize. Winner may not redeem Prize for cash equivalent.
Odds: The odds of winning a Prize depends on the number and timing of eligible entries received.
Prizes will be awarded only if the potential Winner fully complies with these Official Sweepstakes Rules. Prizes are non-assignable and nontransferable. All details and other restrictions of prizes not specified in these Official Sweepstakes Rules will be determined by 88rising in their sole discretion. No cash alternative or substitution will be allowed, except 88rising reserves the right in their sole discretion to substitute prize(s) of comparable value for any reason whatsoever or if the Prize is unavailable, in whole or in part, for any reason. Potential Winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release. Prize will only be awarded and/or delivered to addresses within the United States. EACH 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 (INCLUDING MEALS AND INSURANCE) ASSOCIATED WITH THE APPLICABLE PRIZE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND 88RISING HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
88rising reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operations to any of the Sweepstakes or the website ; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, 88RISING RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Live Nation is not a sponsor of this Sweepstakes and is not responsible for the collection, submission, or processing of entries, the administration of the Sweepstakes, or selection of winners.
Liability Release; Force Majeure:
Acceptance of the Prize constitutes Winner’s permission for 88rising to use Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state). By participating or accepting the Prize, Winner hereby releases, discharges and covenants not to sue 88rising, Live Nation, and any of their affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities (collectively, “Released Parties”), in respect of any and all claims, damages, charges, injuries, losses, proceedings, suits, actions (including, but not limited to, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, loss of consortium claims, etc.), expenses and attorney fees (“Claims”) that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties (including use of the Prize). Winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorney fees, that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Sweepstakes, use of the Prizes, or for Winner’s failure to comply with the terms hereof. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Released Parties assume no responsibility for any damage to a Winner’s or any other person’s computer system or wireless phone which is occasioned by participating in the Sweepstakes, 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, Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions 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. 88rising 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 Sweepstakes, to be acting in violation of these Official Sweepstakes Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and 88rising 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. 88rising reserves the right to modify, extend, suspend or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond 88rising’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event 88rising is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., COVID-19), order of any court or jurisdiction, or other cause not reasonably within 88rising’s control (each a “Force Majeure” event or occurrence), then 88rising shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before its designated end date, 88rising will (if possible) select 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 of prizes described in these Official Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 88rising. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these 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 SWEEPSTAKES RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR 88rising IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY.
Arbitration: By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, 88rising relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (the “Forum”) and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or 88rising’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or 88rising. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
Winner List: For the name of the Winner and/or Official Sweepstakes Rules, send a self-addressed stamped envelope to: 5735 Melrose Ave., Los Angeles, CA 90038. All requests for a copy of these Official Sweepstakes Rules and for the names of the Winner must be made by October 15, 2020. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the name of the “Winner”.