NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. NEITHER A PURCHASE NOR DONATION WILL INCREASE YOUR CHANCES OF WINNING.
The Personalized Video Performance by Simon Neil (the “Sweepstakes”) begins at 12:00 a.m. GMT + 1 on June 17, 2020 (the “Sweepstakes Start Date”) and ends at 19:00 p.m. GMT + 1 on July 31, 2020 (the “Sweepstakes End Date”) (such period referred to herein as the “Sweepstakes Entry Period”). The Sweepstakes is sponsored by CharityStars, Inc. (the “Sponsor”).
The Sweepstakes is only open to individuals who are at least thirteen (13) years of age at the time of entry. If a user under the age of eighteen (18) wins the Sweepstakes Prize, then a parent or legal guardian must provide approval. Regrettably, while anyone is free to make a donation to the Charity, residents of certain countries will be unable to enter the Sweepstakes for a variety of reasons, which include local sweepstakes and contest laws and compliance legislation. These countries/provinces are Burma/Myanmar, Cuba, Iran, Libya, North Korea, Sudan, Syria, Quebec, Saudi Arabia, Iraq, Jordan, Lebanon, Qatar, Yemen and all African nations with the exception of South Africa. Other countries are void where prohibited. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Sweepstakes, each entrant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of Sponsor and warrants that she/he is eligible to participate in the Sweepstakes. Employees, independent contractors, officers, and directors of Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfilment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Sweepstakes.
THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
HOW TO ENTER:
Participants may enter the Sweepstakes by visiting www.charitystars.com/simonneil (the “Sweepstakes Website”) during the Sweepstakes Entry Period and making a donation to The Circle (the "Charity”) by following the on-screen prompts. In certain cases, you will receive one or more entries into the Sweepstakes. If you donate $5 you will receive 1 entry; $10 you will receive 2 entries; $15 you will receive 3 entries; $25 you will receive 5 entries; $50 you will receive 10 entries; $100 you will receive 20 entries; $500 you will receive 100 entries; $1000 you will receive 200 entries, $5000 you will receive 1000 entries.
To enter the Sweepstakes without donating to the Charity, visit the Sweepstakes Website, print the free entry form and complete the form by hand using blue or black ink. Place the completed entry form in an envelope, affix first-class postage, and send it to the applicable Sponsor address, as indicated on the free entry form. Your envelope must be postmarked within the Sweepstakes Entry Period and received within five business days of the close of the sweepstakes. Only one entry form per envelope will be accepted. You MUST write the name of the Sweepstakes on the back of the envelope. Participation in the Sweepstakes is voluntary and does not require you to purchase anything from Sponsor, nor to make a donation to the Charity. No illegible, incomplete, forged, mechanically reproduced or altered entries will be accepted. All entries become the property of Sponsor and will not be returned.
SELECTION OF WINNER:
On or about August 7, 2020 (the “Drawing Date”), Sponsor will select the winner of the Sweepstakes (“Sweepstakes Winner”). The Sweepstakes Winner will be selected in a random drawing from all eligible entries received by the Sponsor during the Sweepstakes Entry Period. The selected entrant will be contacted on or about the Drawing Date using the email address provided with the entry and will be awarded the Sweepstakes Prize subject to verification of eligibility and compliance with the terms of these Official Rules. Failure by entrant to respond to the initial verification within 48 hours of notification after three (3) attempts will result in disqualification and Sponsor will select an alternate Sweepstakes Winner in the same manner. Odds of winning the Sweepstakes Prize depend on the number of eligible entries received during the Sweepstakes Entry Period. In the event that a potential Sweepstakes Winner is disqualified for any reason, Sponsor will award the applicable Sweepstakes Prize to an alternate Sweepstakes Winner. At Sponsor’s discretion, a background check may be performed which the Sweepstakes Winner would have to pass in order to receive the Sweepstakes Prize.
VERIFICATION OF WINNER
POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNER, AND ALL OTHER MATTERS RELATED TO THE SWEEPSTAKES. The potential Sweepstakes Winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential Sweepstakes Winner may be selected. In the event the potential Sweepstakes Winner: (a) cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) declines or cannot accept, receive or use the Sweepstakes Prize for any reason; (c) is found to be ineligible to enter the Sweepstakes or receive the Sweepstakes Prize, cannot or does not comply with the Official Rules, or (d) fails to fulfil the Affidavit-related obligations, the potential Sweepstakes Winner shall be disqualified from the Sweepstakes and an alternate potential Sweepstakes Winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of an alternate potential Sweepstakes Winner, if any.
The Sweepstakes Winner will win a personalized video of one chosen song performed by the artist Simon Neil. The video will be sent to the winner on or about November 30th, 2020. Unfortunately, requests for specific dates cannot be taken.
The performance of the Artist will be made available to the winner subject to the following conditions:
- The recording of the performance (“the Recording”) and all copies of the Recording will remain the property of the Artist at all times.
- The winner will be granted a non-exclusive licence to use the Recording for the winner’s own personal, private, non-commercial use.
- The winner shall not be entitled to use the Recording for advertising or promotional purposes.
- The winner shall not post the Recording on social media.
- The licence granted to the winner may be terminated by the Artist if the winner fails to comply with these conditions.
No other substitution or transfer of the Sweepstakes Prize is permitted, and prizes cannot be redeemed for cash. Sponsor is responsible only for Sweepstakes Prize delivery and not Sweepstakes Prize utility. Sweepstakes Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed Sweepstakes Prize for one of equal or greater value for any reason. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the Sweepstakes Winner.
Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Sweepstakes; (b) defend, indemnify, release and hold harmless the Sponsor, Prize Provider, Beneficiary, and their respective parents, subsidiaries, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising, or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents, and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including without limitation, reasonable attorneys’ fees and legal expenses, which arise out of any third party claim, including but not limited to, negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, or death or personal injury arising out of or relating to an entrant’s entry, creation or submission of an entry, participation in the Sweepstakes, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of the Sweepstakes Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of the entry. The Sweepstakes Prize is awarded as-is without warranty of any kind.
Except where prohibited or restricted by law, the Sweepstakes Winner’s acceptance of Sweepstakes Prize constitutes the Sweepstakes Winner’s agreement and consent for Sponsor and any of its designees to use and/or publish the Sweepstakes Winner’s first name and last name initial, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by the Sweepstakes Winner regarding the Sweepstakes, Sweepstakes Prize, or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.
Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers, and directors shall not have any obligation or responsibility, including any responsibility to award any Sweepstakes Prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, Sweepstakes Prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the Sweepstakes Prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the Sweepstakes Winner to accept the Sweepstakes Prize for any reason; (f) if the Sweepstakes Prize cannot be awarded due to delays or interruptions due to acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by the Sweepstakes Prize or resulting from awarding, acceptance, possession, use, misuse, loss, or misdirection of the Sweepstakes Prize or participation in this Sweepstakes, or any promotion or prize-related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any Website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes, including the entire Sweepstakes, and/or modify the Sweepstakes and/or award the Sweepstakes Prize from all eligible entries received as of the Sweepstakes End Date.
LIMITATIONS OF LIABILITY:
The Released Parties are not responsible for: (a) 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 Sweepstakes; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, by entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of Sweepstakes Prizes will be awarded.
Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any Sweepstakes Prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate North Carolina State Court located in Mecklenberg County, North Carolina; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim 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 increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
The first name, last initial, city and state of the Sweepstakes Winner and a copy of these Official Rules will be available on the Sweepstakes Website shortly following the Drawing Date and for ninety (90) days thereafter.
CharityStars, Inc. 1422 S. Tryon Street, Suite 300, Charlotte, NC 28203.
Prize Provider and Beneficiary: The Circle. The Circle is a registered charity in England & Wales (Charity No. 1160293).
NOTICE: Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Sweepstakes in violation of these Official Rules and/or criminal and/or civil law.
Copyright 2020 CharityStars, Inc. All rights reserved. CharityStars, Inc. and the associated logos are trademarks of CharityStars, Inc. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.