OFFICIAL RULES OF THE MARATHON CLOTHING NEW YORK CITY POP-UP GIVEAWAY
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
Eligibility: The MARATHON CLOTHING NEW YORK CITY POP-UP GIVEAWAY ("Promotion") is open only to natural persons who are legal residents of the United States of America, who are at least eighteen (18) years of age. Promotion may only be entered from and in eligible jurisdictions. Promotion Entities, prize providers, and their respective parent, subsidiary and affiliate companies, employees, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. Administrator may request any potential winner to provide proof that such person is the winner. All potential winners are subject to verification before any prize will be awarded. Subject to all applicable, federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: The Sponsor of the Promotion is The Marathon Clothing, Inc. ("Sponsor").
Administrator: The Administrator of the Promotion is Live Nation Merchandise, Inc. ("Administrator").
Sponsor and Administrator are collectively referred to herein as "Promotion Entities".
Timing: The Promotion period begins at 10:00 AM EST on November 29, 2019 and ends at 8:00 PM EST on December 1, 2019. Administrator's clock is the official time keeping device of the Promotion.
How To Enter: Enter in-person only by following these steps:
- Visit The Marathon Clothing Pop-Up Shop in New York City, New York (at 430 W 15th Street, New York City, New York 10011)during the Promotion Period;
- Fill out an official entry ticket provided by Promotion Administrator’s representative and return the completed official entry ticket to Administrator’s representative;
- A winning ticket will be selected at random and the winner will be contacted using the information provided on the official entry ticket. The name of the winner will be posted on Instagram.
As a condition of entry into this Promotion you:
- Agree to the Official Rules; and,
- Agree that you are granting The Marathon Clothing, Inc. and Live Nation Merchandise, Inc. and their representatives ("Released Parties") the right to use and post online your name and likeness in connection with this Promotion throughout the world in perpetuity without compensation, permission, or notification to entrant or any third party.
For all entries: Each participant is eligible to submit up to one (1) Promotion entry per person during the Promotion Period, regardless of method or combination of methods of entry or number of entries submitted. Multiple entrants are not permitted to share the same email address, phone number, or other relevant identifiable information. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresse(s), phone number(s), identitie(s), name(s), or any other methods will void that entrant's entries and that entrant may be disqualified. Promotion Entities are not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations or entry tickets, which will be disqualified.
Prize: The Marathon Clothing neon sign (Est. Retail Value: $1,400.00).
Odds of winning the Prize depends on the number of eligible entries received. There will be only one (1) Prize and one (1) winner. Lost or stolen Prize will not be replaced. Prize does not include any other item or expense not specifically described in these Official Rules, and any such additional expenses are the sole responsibility of winner. The right to collect the Prize may not be transferred or assigned. Only listed Prize will be awarded, and no other prizes or substitutions will be made except at the sole discretion of Administrator. Winner agrees to accept the Prize "as is", and entrants hereby acknowledge that Promotion Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the Prize. Any valuation of the Prize stated above is based on available information provided to Administrator and the value of any Prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes.
Selection and Verification of Potential Winners: On or about December 1, 2019, Administrator will randomly select one (1) potential winner from all eligible entries. Administrator's decisions as to the administration and operation of the Promotion and the selection of potential winner are final and binding in all matters related to the Promotion. Administrator reserves the right to disqualify any participant or winner and may refuse to award any Prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means.
The potential winner is subject to verification by Administrator. Administrator will not accept screen shots or other evidence of winning in lieu of its validation process. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. The potential winner will be notified by email, phone, or both in accordance to the information provided on the official entry ticket which must be legible in the Administrator’s sole discretion or will be considered invalid. The potential prize winner may be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") (except where prohibited), which must be received by Administrator within twelve (12) hours of the time notice or attempted notice is sent, in order to claim a prize (if applicable). If the winner is a minor in his or her state of residence, the Affidavit must also be executed by the winner's parents or legal guardians. If a potential winner of any prize cannot be contacted, fails to sign and return the Affidavit within the required time period (if applicable), declines the Prize or Prize is returned as undeliverable, such potential winner forfeits the Prize. In the event that a potential winner is disqualified for any reason, Administrator will award the corresponding Prize to an alternate winner by random drawing from among all remaining eligible entries. All alternate potential winners are subject to all requirements set forth in these Official Rules. Only two (2) alternate winners will be selected, after which the Prize will remain un-awarded.
Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Promotion Entities' use of winner's name, social media identity (if applicable), likeness, photograph, voice, opinions, hometown and state for promotional purposes in connection with this Promotion in any media, worldwide, without further payment or consideration.
Errors and Unauthorized Activity: Promotion Entities are not responsible: (1) for any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Promotion; (4) for technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize; or (6) if the Promotion cannot take place or if any Prize cannot be awarded due to acts of war, natural disasters, weather or acts of terrorism. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Administrator, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prize offered herein. 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 stated number of prizes as set forth in these Official Rules to be available and/or claimed, Administrator reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. Administrator reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Promotion Entities' reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Administrator in its sole discretion. In such event, Administrator reserves the right to award the prize at random from among the eligible entries received up to the time of the impairment. Administrator reserves the right, in its sole discretion, to disqualify any individual it suspects or finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Promotion Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Promotion Entities' failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Release: By participating in the Promotion, entrant (a) releases Promotion Entities, prize providers, promotional agencies, franchisees, and each of their respective parent companies, affiliates, subsidiaries, successors, assigns, agents, representatives, officers, directors, shareholders, and employees, from any and all liability for any claims, costs, injuries, losses or damages of any kind arising in connection with the Promotion, including the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the Prize that may be awarded; and (b) acknowledges that the foregoing parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to a prize including, without limitation, the prize quality or availability.
Disputes: As a condition of participating in 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; b) all causes of action arising out of or connected with this Promotion or the Prize awarded, shall be resolved individually, without resort to any form of class action, exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; and c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred and in no event shall entrant be entitled to receive attorneys' fees or other legal costs. Promotion Entities reserve the right to modify prize award procedures. The Promotion and these Official Rules, and the validity, construction, performance, and enforcement thereof, shall be governed by and construed in accordance with the laws of State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
Winner's List: To obtain the name of the winner after the Promotion Period, email your request up to thirty (30) days after the close of the Promotion, to firstname.lastname@example.org with the subject line: “THE MARATHON CLOTHING GIVEAWAY WINNER”.
The Promotion and all accompanying materials are ©2019 Live Nation Entertainment, Inc.
LIVE NATION and THE MARATHON (CLOTHING) are registered trademarks.