Sweepstakes Rules
THE DAYTON LIVE 2023-2024 SURVEY SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
OFFICAL RULES AND SPONSOR: These rules (“Official Rules”) are the complete, official rules for The Dayton Live 2023 Survey Sweepstakes (the “Sweepstakes”). The Sweepstakes is sponsored by Victoria Theatre Association, dba Dayton Live, an Ohio non-profit corporation located at 138 North Main Street, Dayton, Ohio 45402 (“Sponsor”). Sponsor reserves the right to disqualify any Entrant who is found to breach of these Official Rules. Sponsor is responsible for the collection, submission or processing of all Entries and the overall administration of the Sweepstakes. Entrants should look solely to Sponsor with any questions, comments or problems related to the Sweepstakes. Sponsor may be reached by email at info@daytonlive.org during the Sweepstakes Period. Entrant’s participation in the Sweepstakes constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding.
SWEEPSTAKES PERIOD: The Sweepstakes period shall begin on November 14, 2023, at 12:00:01 A.M. Eastern Time (E.T.) and shall continue to run until June 30, 2024 at 11:59:59 P.M. ET (“Sweepstakes Period”). Submissions received after the Sweepstakes Period will not be considered valid submissions. Sponsor’s computer is the official timekeeping device for the Sweepstakes.
ELIGIBILITY: The Sweepstakes is open only to citizens or legal permanent residents of the United States and the District of Columbia who are 21 years of age or older (an “Entrant,” “you,” or “entry”). The following individuals are not eligible to participate or to submit Submissions: (i) employees of Sponsor, and any of their affiliate companies or subsidiaries; (ii) family members (spouse, parents, siblings, and children) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Sweepstakes is subject to all federal, state, and local laws and regulations and is void outside the United States and where prohibited by law. Sponsor is the sole judge of eligibility and may determine that an Entrant is ineligible to participate in the Sweepstakes for a variety of reasons not described here but at the sole discretion of Sponsor.
PRIZES:
- 5 – $50 Dayton Live gift certificates for any Dayton Live event
There will be five (5) drawings (each a “Drawing”) during the Sweepstakes Period and the winner of each Drawing shall be awarded one (1) $50 Dayton Live gift certificate (each a “Prize” and collectively, the “Prizes”). Only one prize per person, per household during the Sweepstakes Period. The Prizes shall be awarded at the end of each Drawing Period on the schedule set forth below. Prizes are nontransferable, non-negotiable, non-refundable and must be accepted as awarded. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The Sweepstakes is not associated with or endorsed by the maker or manufacturer of any prize. Sponsor makes no representation or warranty concerning the appearance, safety or performance of any prize awarded and all prizes are awarded “as is” without warranty of any kind, express or implied. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen Prizes. Prize award is subject to verification of eligibility and compliance with these Official Rules. You agree that Sponsor shall not be liable for any damages or losses you incur using or related to the prize(s). Winners are solely responsible for all applicable federal, state, and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified as being provided herein. Failure to comply with the Official Rules will result in forfeiture of the prize.
HOW TO ENTER: During the Sweepstakes Period, to enter the Sweepstakes:
1. Complete a Survey. Sponsor will send a customer satisfaction survey via email to the primary email address of each account holder who purchases a ticket to one of the following Sponsor Broadway productions regarding the production:
The surveys shall be completed on an anonymous basis. Once the survey has been completed, the survey respondent will be directed to a separate entry form to complete their name, email address, phone number, and name of show for which they just completed the survey to enter the Sweepstakes. Drawings for each Prize shall take place within one (1) week of the end of the applicable Survey Period. There will be a total of five (5) Drawings.
2. Free Means of Entry: An eligible Entrant may also enter a Drawing by completing an online entry form at https://www.surveymonkey.com/r/2324dlsse during the applicable Drawing Period. Entries must be complete to be eligible.
Limit one (1) Entry per Entrant, per Drawing. Email and survey entries are discarded after each Drawing has been completed. To enter additional Drawings, a survey or email entry must be submitted for each subsequent Drawing. All Entries will be given equal weight when selecting a winner. No purchase is necessary to enter, and a purchase will not increase your odds of winning. Any additional entries beyond the one (1) allowed per Entrant per Drawing will be discarded. Entries that do not meet the requirements set forth in these Official Rules will be disqualified and ineligible to win. Mechanically reproduced or automated email entries are not eligible.
SELECTION OF POTENTIAL WINNER: The winner(s) of each Drawing will be selected in a random drawing from among all eligible Entries received during the applicable Drawing Period. The random drawing will be held within 24 hours of the conclusion of each Drawing Period by Sponsor or its designated representatives, whose decisions are final. Odds of winning will vary depending on the number of eligible Entries received.
All Entries are subject to verification of eligibility by the Sponsor. All decisions regarding Prize awards will be made by Sponsor and are final and binding. In the event of noncompliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner drawn from remaining eligible entries. Sponsor shall not be responsible for lost, late, misdirected, damaged, illegible, incomplete, garbled, or incorrect entries. Entries become the property of Sponsor and will not be returned. Participation constitutes acceptance of these Official Rules in their entirety. Entrant warrants that he/she is eligible to participate in the Sweepstakes and agrees to indemnify and hold harmless Sponsor from any loss, damage, or expense, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of or in connection with participation in this Sweepstakes or the acceptance, use, or misuse of any prize.
WINNERS’ OBLIGATIONS (DELIVERY & DOCUMENTATION): Before being declared a “Winner,” the randomly selected Entrant(s) will be contacted by email and notified that he/she is eligible to win. The selected Entrant must reply within two (2) business days of notification to accept the prize in writing (email sufficient) and provide the Sponsor with his or her identification to verify that the winner is 21 years of age or older, a contact telephone number, email address, and shipping address, if necessary. The potential prize winners may be required to sign and return an affidavit of eligibility and release of liability, and a Publicity Release (collectively “the Prize Claim Documents”). By accepting the prize, the Winner represents that he/she has complied with these Official Rules. Despite the foregoing, entry and acceptance of the prize offered constitutes the Entrant’s permission for Sponsor to use the winner’s name, city, state of residence, likeness, and/or photograph and statements for advertising/trade and all other purposes, in any and all media, and all media now or hereafter known worldwide in perpetuity, including the Internet and social networking sites, without further compensation, notification, or permission, unless prohibited by law. By participating in this Sweepstakes, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor.
If a prize is valued at $600 or more the potential winner must sign and return an IRS W-9 form within 14 days of notification in order to claim the prize.
If the selected Entrant: (i) cannot be contacted by telephone or email within two (2) business days of selection or there is a return of any prior notification as undeliverable; or (ii) fails to confirm their eligibility, including presenting the required age identification, and acceptance of the prize within the specified time, then he/she will be disqualified and will forfeit the prize, and the Sponsor reserves the right to select an alternate Entrant from among the remaining valid entries.
An Entrant may decline to be a Winner by notifying Sponsor within one (1) business day following notification, in which case the declining Entrant forgoes any prize or other features associated with winning the Sweepstakes. Sponsor reserves the right to disqualify an Entrant if Sponsor deems disqualification appropriate.
A list of Sweepstakes Winners will be available upon request. By accepting your prize, you agree to have your name publicized as a Sweepstakes Winner.
RECEIVING PRIZES; TAX OBLIGATIONS: After verification of eligibility and execution of any Prize Claim Documents, the Winner will receive the Prize via mail, email or other means, as appropriate. Allow 30 days from final confirmation for prize delivery. Any winners that receive prizes valued over $600 will receive IRS 1099 form in the amount of their prize at the appropriate time. Prize winners are responsible for any taxes, fees, or other liability resulting from their receipt of a prize regardless of the value of the prize. Sponsor shall withhold from the prize any mandatory federal tax withholdings, plus any applicable state taxes based on where the Winner is located.
ENTRANT WARRANTIES AND OBLIGATIONS: By submitting an Entry to the Sweepstakes, you agree that you have full right and authority to enter and participate in the Sweepstakes. You are solely responsible for your Entry. All Entry information is deemed collected in the United States.
Participation is subject to all federal, state, and local laws and regulations and is void where prohibited or restricted by law. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in the Sweepstakes to make sure that your participation is legal. You are responsible for all taxes and reporting related to any award that you may receive as part of the Sweepstakes.
Each Entrant is solely responsible for all costs he/she incurs to participate in the Sweepstakes. By submitting an Entry, you represent and warrant that you have the right and authority to make the Entry on your own behalf and that your Entry: (i) does not contain confidential information; (ii) does not violate the rights of privacy of any person or entity; and (iii) does not and will not violate any applicable law, statute, ordinance, rule, or regulation.
A breach of any of these warranties will result in the corresponding entry being invalid, as well as other legal obligations.
LIMITATION OF LIABILITY: By participating in the Sweepstakes, each Entrant agrees to release, indemnify, and hold harmless Sponsor, its respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, and any liability of any kind resulting from or arising out of your participation in or association with the Sweepstakes or any Sweepstakes Prizes. Sweepstakes Sponsor is not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software, or virus, or incomplete, late, or misdirected Submissions. Sweepstakes Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes should any causes beyond the control of Sweepstakes Sponsor corrupt the administration, security, or proper play of the Sweepstakes, and to determine winners from among Submission not affected by the corruption, if any, in its sole discretion.
Sponsor is not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect, or misdirected Entries or other communications, (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or (c) data corruption, theft, destruction, unauthorized access to, or alteration of Entry materials, loss or otherwise. Sponsor is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. Sweepstakes Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Sweepstakes.
RESERVATION OF RIGHTS: Sponsor reserves the right to modify the dates and deadlines, and the right to modify, add, or remove additional Sweepstakes deadlines for any reason. Sponsor may cancel the Sweepstakes entirely, not award the prize, or select an alternate prize if awarding the Sweepstakes prize as originally described or on the original time frame becomes commercially unreasonable arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, pandemics, government orders related to a pandemic, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services. Any changes will be communicated via posting of updated terms on the Dayton Live website at: https://www.daytonlive.org/.
MISCELLANEOUS
PRIVACY; CALCULATING VALUE OF PERSONAL INFORMATION: Any personal information supplied by you will be subject to the privacy policy of the Sponsor posted at Privacy & Terms Of Use | Dayton Live. By entering the Sweepstakes, you grant Sponsor permission to share your contact information and any other personally identifiable information with third parties and agents for the purpose of administration and prize fulfillment, including use in a publicly available Winner’s list.
Pursuant to certain data protection laws, individuals may be entitled to be informed as to why financial incentive programs, or price or service differences, are permitted under the law, including (i) a good-faith estimate of the value of the individual’s personally identifiable information that forms the basis for offering the financial incentive or price or service difference; and (ii) a description of the method the business used to calculate the value of the individual’s personally identifiable information. Sponsor’s calculation of the value of an individual’s personally identifiable information is based upon a practical and reliable method of calculation used in good faith. In addition to the uses of personal information described in that Policy, Sponsor will use information you provide through entry into the Sweepstakes to administer the Sweepstakes.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
GOVERNING LAW AND VENUE: Entrant agrees that: (a) he/she releases and will defend, indemnify, and hold Sponsor, its’ Affiliates, and their employees, officers, directors, representatives, successors and assigns harmless from and all any and all Claims from third parties related to Entrant’s participation in the Sweepstakes; (b) Claims arising out of or connected with this Sweepstakes, or the prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York; (c) Entrant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (d) any and all Claims, judgments, and awards shall be limited to actual damages of out-of-pocket expenses associated with entering this Sweepstakes, but in no event attorneys’ fees; and (e) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim punitive, incidental, and consequential damages or any other damages, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Sweepstakes, shall be governed by and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules.
WINNER LIST/OFFICIAL RULES: To obtain a copy of the Winner List or a copy of these Official Rules, send your request via email to info@daytonlive.org. Requests for the names of the winners must be received no later one (1) month after the Sweepstakes Period has ended.
EFFECTIVE AND AMENDMENT DATE: These Official Rules were last amended on October 17, 2023.