Victrola Social Circle Giveaway Official Rules

No purchase or payment of any kind is necessary to enter or win. A purchase will not affect your chances of winning. By participating in this promotion, you accept and agree to be bound by these official rules and represent that you satisfy all of the eligibility requirements set forth in these official rules. All U.S. Federal, State and Local laws and regulations apply. Void where prohibited.

  1. GIVEAWAY PERIOD AND SPONSOR. The Victrola Social Circle Giveaway occurs monthly, beginning in September 2023 and ends at the discretion of the company. Winners will be selected during within the first three business days directly following the preceding month and will receive the prizes described below. Odds of winning are expressed in Section 6 of these Official Rules. Victrola, located at 3350 Walnut Street, Denver, CO 80205, is the sole sponsor of the giveaway.
  2. ELIGIBILITY. Eligibility is limited to natural persons who are legal residents of the District of Columbia or the 48 contiguous states of the United States, who are at least eighteen (18) years of age (or the age of majority in the entrant’s state of residence at the time of entry, if higher) (each an “Entrant”). Employees of Victrola and its affiliated companies, advertising and promotion agencies, and the directors, officers, employees, and agents (“Promotion Entities”) or their immediate families and/or household residents, are not eligible to enter. By participating, Entrant agrees to abide by these Official Rules and the decisions of Victrola, including with respect to eligibility, which decisions are final and binding in all respects. The Giveaway is void outside of the Eligibility Territory and where prohibited. All entries must be received by 11:59:59 PM Eastern Time on the last day of the Giveaway Period. Incomplete entries are void. By entering, Entrants acknowledge compliance with these Official Rules, including all eligibility requirements. All entries become the property of Victrola and will not be returned or acknowledged.
  3. HOW TO ENTER.
    1. ONLINE: To enter, use the specified links in the invitation email and, during the Giveaway Period, use the links to follow any or all of Victrola's social platforms. Up to four entries are permitted per person. Victrola is not responsible for any registration errors, for problems or technical malfunction of any telephone network, telephone lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any email or entry to be received by Victrola on account of late or misdirected mail, technical problems or traffic congestion on the Internet or at any website, or any combination thereof including any injury or damage to an Entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in this promotion. Victrola reserves the right, in its sole discretion, to cancel, suspend, or modify the Giveaway, or shorten the Giveaway Period, should a virus, bug or other cause beyond the reasonable control of Victrola corrupt the security or proper administration of the Giveaway or otherwise compromise, in Victrola’s sole judgment, the integrity or fairness of the Giveaway. Any attempt to deliberately damage any website or undermine the legitimate operation of this Giveaway is a violation of criminal and civil laws, and should such an attempt be made, Victrola reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution and disqualification of any individual who tampers with the entry process or the administration of the Giveaway.
  4. CONDITIONS OF ENTRY. Incomplete, illegible, indecipherable, or incorrect entries are not eligible to win. Entries that contain false information or that violate the laws of the Entrant’s country or state of residence are not eligible to win. Entrants may only enter once during the Giveaway Period.
  5. SELECTION OF WINNER. Victrola will select winners at random on or about the first week of each month for the preceding month's entrants, in Denver, Colorado, from eligible entries received during the Giveaway Period. Entrants are limited to one win during the Giveaway. The winners will be announced on Victrola social media platforms within 2 business days of the selection of each, and the winner may be required to complete and return an affidavit (which may contain, among other provisions, a release of liability and a publicity release). If a winner does not respond to claim his or her prize within 4 business days of Victrola’s notification to claim his or her prize, if any winner does not meet the eligibility criteria, or if the winner fails to sign and return the signed, unaltered, Giveaway Documents to Victrola within seven (7) business days from Victrola’s notification to winner, such winner will be disqualified and a new winner will be chosen. If, in Victrola’s opinion, there is any suspected or actual evidence that the integrity of the Giveaway has been compromised in any way, Victrola reserves the right, in its sole discretion, to terminate the Giveaway and to award the prizes using all eligible entries received as of the termination date, or to modify the Giveaway in a way to avoid the issue. Should the Giveaway be terminated prior to the stated expiration date, notice will be posted at www.Victrola.com.
  6. PRIZES AND ODDS OF WINNING. Winners will receive a Victrola Music Edition 1 Portable Bluetooth Speaker (retail value $99.99). Dollar amounts are expressed in U.S. currency. Odds of winning depend on the number of eligible entries received for the Giveaway. Prizes are non-transferable, and no prize substitutions or cash redemptions are allowed, except if a prize is unavailable. If the prize is unavailable, Victrola may choose one a prize to be determined by Victrola of equal or greater retail value. Tax reporting and payments, if any required by law, on prizes are the winner's sole responsibility. All prizes will be awarded according to these rules and distributed no later than six (6) months from the end of the Giveaway Period.
  1. LICENSE AND RELEASE.
    1. Except where prohibited, the following applies to all Entrants: By entering the Giveaway, each Entrant grants to Victrola an unrestricted, non-exclusive, royalty-free, world-wide, perpetual, irrevocable and fully sublicensable right and license, in Victrola’s sole and absolute discretion, to use, modify, adapt, translate, display, distribute, reproduce, publish and create derivative works of Entrant’s entry submission, form, and statements made in conjunction therewith (the “Entry”), the name and likeness submitted as part of the Entry, persona, appearance, picture, silhouette, recording or other reproduction of physical likeness, voice and/or sounds made by Entrant (collectively, the “Image”), in whole or in part, on its website, in conjunction with advertising or promoting its products, and otherwise in any media now existing or subsequently developed, for any purpose whatsoever and to combine my Image with other images, text, graphics, photographs and artwork in connection with advertising, publicity, promotion, marketing and merchandising of any product or service of Victrola, their affiliates and partners. Entrant voluntarily relinquishes any right that it may have to examine or approve the use of Entry or Image or any products or promotional materials that may be used in conjunction therewith. Entrant releases all rights to Entry, including, without limitation, moral rights and rights of publicity, and acknowledges and agrees that all rights to the Entry belong to Victrola irrevocably, free and clear of any obligation to Entrant, and that neither Victrola nor any other Promotional Entity will be required to pay any additional consideration or seek any additional approval in connection with such uses. Entrant represents that it is free to grant the above rights to Victrola, that such grant does not infringe any other person or entity’s rights, and agrees to accept sole and full monetary responsibility to Victrola and the other Promotion Entities for any amount, whether in damages or costs (including defense costs) that Victrola or any other Promotion Entity incurs in any third party claim alleging a violation of this representation. Entrant agrees that Victrola has no obligation to utilize the Image and Entrant agrees that Entrant waives any claim against Victrola or all other Promotion Entities for not using the Image, or for using the Image in a manner in which Entrant disapproves.
    2. Except where prohibited, by entering this giveaway, entrant agrees to release and hold harmless Victrola and its affiliated companies and the officers, directors, employees, and agents of each from and against any injuries, losses or damages arising out of or related in any way to the giveaway, the entrant’s participation in this giveaway, including Victrola’s reliance upon the entrant’s compliance with these rules, or the prize, including with respect to possession, use and/or misuse thereof, and the entrant’s agreement that Victrola may use the entry and image in advertising for promotional purposes on any and all media without additional compensation.
  2. DISPUTES AND LIMITATION OF LIABILITY. Entrants hereby waive all rights and remedies at law or in equity for any and all claims they may have relating to the Giveaway. Victrola assumes no responsibility for lost, late, stolen, damaged, misdirected, illegible, incomplete, or postage-due entries. Entrant agrees that: (A) any and all disputes, claims, and causes of action arising out of or connected with the Giveaway or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court in Denver County, Colorado, USA; (B) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway but in no event attorneys’ fees; and (C) under no circumstances will entrant be permitted to obtain awards for punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increase.

 

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, or the rights and obligations of the Entrant and Victrola in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules (whether of the State of Colorado or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado. This Giveaway is in no way sponsored, endorsed or administered by, or associated with Facebook, or Instagram, TikTok, or Twitter. Information provided in conjunction with the Giveaway is provided to Victrola and not Facebook, TikTok, Instagram, or Twitter. Entrant agrees to and hereby does fully release Facebook, TikTok, Instagram, and Twitter from any and all liability related to this Giveaway.

  1. PRIVACY PROTECTION AND DATA PROTECTION. The personal information collected through this Giveaway is subject to Victrola’s Privacy Policy, located at https://victrola.com/pages/privacy-notice. Entrant has the option to opt-in to receiving marketing communications from Victrola at the time of entry. Failure to opt-in to receiving marketing communications does not affect Entrant’s chance of winning.
  2. GENERAL INFORMATION. Direct any questions related to this Giveaway to social@victrola.com during the Giveaway Period.