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Noisey's Phoenix Giveaway Terms and Conditions

Noisey's Phoenix Giveway Official Terms and Conditions

NOISEY’S PHOENIX GIVEAWAY

Noisey wants to fly you and a friend to see Phoenix at the Governor's Ball! One lucky winner will get two free tickets to Governor's Ball, airfare, accommodations, a chance to meet the band, and two limited edition 'Trying to Be Cool' jackets.* Enter Below.

Ten second prize winners will win autographed vinyl and a 'Trying to Be Cool' rainbow tee-shirt.

And ten runners up will receive a Phoenix peach bandana.

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Official Rules

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN TWENTY-FOUR  (24) HOURS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).

BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

OVERVIEW: Noisey’s Phoenix Giveaway (“Sweepstakes”) begins at 7:00p.m. Eastern Standard Time (“EST”) on May 28, 2014 and ends at 7:00 p.m. EST on June 2, 2014 (“Sweepstakes Period”).  Eligible individuals may enter the Sweepstakes by using the PunchTab widget located Noisey.com to perform the following: (a) enter email address; (b) “like” Noisey on Facebook at facebook.com/noisey; (c) watch the YouTube video linked in Sweepstakes Widget; (d) “tweet” with provided messaging; (e) “like” the Sweepstakes post on Facebook located at noisey.com/blog/watch-initials-phoenix-and-win-a-free-trip-to-governors-ball; and (f) “follow” Noisey on Twitter at twitter.com/noisey (the “Entry”).

ELIGIBILITY: This Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States, including the District of Columbia. VOID WHEREVER PROHIBITED OR RESTRICTED BY LAW.  This Sweepstakes is open only to people who are eighteen (18) years of age or older in their state, province or jurisdiction of residence on the date of entry in this Sweepstakes. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of VICE Media Inc. (“Sponsor”), its corporate partners, parent companies, divisions, subsidiaries, affiliates, successors in interest, advertising, promotion and public relations agencies (collectively, the “Sweepstakes Entities”) are not eligible to participate or win a prize. For purposes of this Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws grandmother, grandfather, brother, sister, children and grandchildren. Participation in this Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.

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TO ENTER: To enter, eligible individuals (see “Eligibility” section above for eligibility requirements) may enter the Sweepstakes by using the PunchTab widget located Noisey.com to: (a) enter email address; (b) “like” Noisey on Facebook at facebook.com/noisey; (c) watching the YouTube video linked in Sweepstakes Widget; (d) “tweet” with provided messaging; (e) “like” the Sweepstakes post on Facebook located at noisey.com/blog/watch-initials-phoenix-and-win-a-free-trip-to-governors-ball; and (f) “follow” Noisey on Twitter at twitter.com/noisey (the “Entry”). Individuals must enter email (a) in order to be eligible and each additional action ((b)-(f)) gives individuals one additional entry.

Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her entry.  Other proof of submitting or attempting to submit an Entry (such as, without limitation, a printed, saved or copied automated receipt confirming entry or a “thanks for entering” screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Sweepstakes. Those who do not abide by these Official Rules, the instructions of Sponsor and provide all required information will be disqualified in Sponsor’s sole discretion. Entries or participation that is forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void.  Entries or participation made by any other individual or any entity or group, or originating at any web site other than as set forth specifically above, including, without limitation, through commercial promotion subscription notification or entering services, will be declared invalid and disqualified for this Sweepstakes.  As a condition of entering the Sweepstakes, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information and content to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations, and rules. Sponsor will review Entries before they are posted and any Entry may or may not be posted, in Sponsor’s sole discretion. ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. KEEP A COPY OR THE ORIGINAL OF EACH ELEMENT OF YOUR ENTRANT CONTENT. ANY ENTRY OR ENTRANT CONTENT THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.

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WINNER SELECTION/NOTIFICATION: At the conclusion of the Sweepstakes Period, twenty one (21) eligible participant entries will be randomly selected by Sponsor as the Winners: (a) one (1) Grand Prize Winner; (b) ten (10) First Runners Up; and (c) ten (10) Second Runners Up (collectively the “Winners”). Sponsor reserves the right to contact participants for verification purposes and administration of the Sweepstakes.  Sponsor’s selection of the Winners is final and binding in all matters relating to this Sweepstakes.

WINNER NOTIFICATION: As a condition of entering the Sweepstakes, each Winner agrees (if requested by Sponsor) to complete, sign, have notarized (if applicable) and return an affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law), without alteration, twenty-four (24) hours and if required by Sponsor in its sole discretion (which may require providing Winner’s Social Security Number and/or government-issued identification number and/or copy thereof for tax purposes), or prize may be forfeited.  In the event of noncompliance with these requirements, the prize may be forfeited in Sponsor’s sole discretion.  The affidavit of eligibility/declaration and liability/publicity release (unless prohibited by law) is subject to verification by Sponsor.  Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Winner, if any. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant.  To claim a prize, Winner must follow the directions in his or her notification.

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If any prize, prize notification or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, if the potential Winner does not respond according to the notification’s or Sponsor’s instructions, if the Winner or potential Winner fails to comply with these Official Rules, or if a potential Winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion) or does not respond according to the notification’s or Sponsor’s instructions, that Winner or potential Winner may be disqualified and an alternate Winner may be selected by Sponsor in its sole discretion.

PRIZES :  On June 2, 2014, the Winners, subject to verification, will be notified directly through PunchTab. No more than the stated prizes will be awarded.

Grand Prize: One Grand Prize Winner will receive: (a) two (2) round-trip coach class airfares from a major U.S. airport nearest Winner’s home, to New York on June 5th, 2014 (ARV $1,500 depending on Winner’s location); (b) two (2) nights single occupancy standard hotel accommodation (June 5th and 6th, 2014) selected by Sponsor in its sole discretion (ARV $500); (c) two tickets for Governor’s Ball 2014 on June 6th, 2014 (ARV $200); (d) two (2) limited edition “Trying to Be Cool” jackets (ARV $100); and (e) the opportunity to meet  the musical group Phoenix, subject to band management discretion.

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First Runners Up (x10) will receive: an autographed vinyl and a “Trying to Be Cool” rainbow t-shirt (ARV $30)

Second Runners Up (x10) will receive: a Phoenix bandana (ARV $20)

Exact itinerary of Winner trip, including activities, dates of travel, and other details will be determined by Sponsor in its sole discretion, and may be subject to change. Actual value may vary based on points of departure and dates of travel. Any difference between stated value and actual value will not be provided. Trip must be taken on the dates specified by Sponsor or Winner opportunity will be forfeited and Sponsor will have no further obligation to such Winner. Sponsor reserves the right to change dates of trip. Winner must comply with all applicable event and venue rules and regulations. Failure to do so may result in disqualification. In the event any activity is cancelled or postponed, no compensation or substitution will be provided in lieu thereof. Travel must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Certain travel restrictions may apply. Winner is responsible for obtaining all required travel documents, medications and any other precautions he/she may wish to take prior to travel. All federal, state and local taxes and all other costs associated with Winner opportunity acceptance and use not specified herein as being provided, including luggage fees, additional ground transportation, meals, gratuities and souvenirs are the sole responsibility of the Winner. Winner opportunity and all related elements are provided “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner may not substitute, assign or transfer Winner opportunity or redeem Winner opportunity (or any element thereof) for cash, but Sponsor reserves the right, at their sole discretion, to substitute a Winner opportunity (or portion thereof) with one of comparable or greater value. All Winner opportunity details are at Sponsor’s sole discretion.

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Prizes, if legitimately claimed, will be awarded. Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a Winner because of incorrect or changed contact information.  Sponsor is not responsible for any inability of any Winner to accept or use any prize (or portion thereof) for any reason.  No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion.  Sponsor reserves the right to substitute the stated prizes or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded.  Sponsor may require each Winner to execute additional agreements as Sponsor determines in its sole discretion, including but not limited to personal releases for participation as Winners as part of the prize awarded, as a precondition of receiving the prize.

RELATIONSHIP:

Each participant hereby acknowledges and agrees that the relationship between the participant and any of the Released Parties (defined below) is not a confidential, fiduciary, or other special relationship.

LIMITATION OF LIABILITY:  EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES AND THE RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH (COLLECTIVELY, “RELEASED PARTIES”) FOR ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM ANY SWEEPSTAKES-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS OR ACCIDENT TO PERSON OR PROPERTY.  EACH WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING WITHOUT LIMITATION ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE SWEEPSTAKES ENTITIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE GUEST’S USE OF THE PRIZE.

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ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect, or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.  Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.  Released Parties are not responsible for any changes or unavailability of any application that may interfere with the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use those platforms for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes.  Released Parties are not responsible, and may disqualify an entrant, if his or her e-mail address, telephone, or other contact information does not work or is changed without entrant giving prior written notice to Sponsor.  Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or Winner or any person claiming through such entrant or Winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or the Released Parties’ operations or activities are affected, as determined by the Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.

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GENERAL RULES: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Sweepstakes Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and Winner waives any right to inspect or approve any such use.

Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules and awarding of the prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected.  Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.  In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion.  Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules.  If Sponsor determines at any time in its sole discretion that the Winner or potential Winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that Winner or potential Winner, even if the disqualified Winner or potential Winner may have been notified or displayed or announced anywhere.  The invalidity or unenforceability of any provision of these Official Rules will 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 will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the e-mail address of record at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online 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. Potential Winner may be required to provide Sponsor with proof that he/she is the registered account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Any damage made to any social media platform or online service will be the responsibility of the registered account holder of the e-mail address for the applicable account.  CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK ANY AND ALL REMEDIES AVAILABLE TO THE FULLEST EXTENT PERMITTED BY LAW.

Disputes/Governing Law:  Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the Winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased.

This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the United States in the State of New York, without reference to its conflicts of law principles.  Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in New York, New York and each entrant accepts and submits to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.

WINNER LIST/OFFICIAL RULES:  To find out who won, send a self-addressed stamped envelope to the following address within three (3) months of the end of the Noisey’s Phoenix Giveaway Sweepstakes, 97 N. 10th Street, Suite 204, Brooklyn, NY 11211. For a copy of these Official Rules during the Sweepstakes Period, visit noisey.com/blog/watch-initials-phoenix-and-win-a-free-trip-to-governors-ball; or send a self-addressed stamped envelope to the following address for receipt during the Noisey’s Phoenix Giveaway Sweepstakes, 97 N. 10th Street, Suite 204, Brooklyn, NY 11211. Only one (1) request of either type per outer envelope will be fulfilled. Vermont residents may omit return postage for rules requests.

THE SPONSOR OF THIS SWEEPSTAKES IS: VICE Media Inc., 97 N. 10th Street, Brooklyn, NY 11211.

*Medium size only.