OFFICIAL SWEEPSTAKES RULES: CHECK YOUR STATUS WITH PHISH (2022)
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE RULES AND REGULATIONS.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA EXCEPT FOR THOSE RESIDING IN MISSISSIPPI AND OREGON, WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 16 YEARS OLD.
VOID IN PUERTO RICO, MISSISSIPPI, OREGON, AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
Introduction. A prize of two tickets to any Phish concert of your choice within 12 months of prize being awarded. Prize dependent on Phish touring schedule and schedule can be amended or adjusted at the discretion of Phish management or HeadCount; 52 coupons redeemable for a free pint of Ben & Jerry's ice cream at any participating retailer; and original, one-of-a-kind sketch by Jim Pollock of the Phish Food 25th Anniversary signed by the artist will be awarded to a randomly-selected winner. Entries are collected in a variety of ways described below.
Sponsor. HeadCount, Inc., 104 West 29th Street, NY, NY, 10001 (“Sponsor”)
Timing. The Sweepstakes will begin at 10:00 AM EST on August 22, 2022 and run until 11:59 PM EST on September 30, 2022 (the “Entry Period”). Sponsor’s computer is the official time keeping device for the Sweepstakes. Mail-in entries must be postmarked by the last day of the Entry Period and received by October 10, 2022 (“Mail- in Entry Deadline”). Postcards not received by the Mail-in Entry Deadline will be disqualified. Proof of mailing does not constitute proof of delivery.
Eligibility. Check My Status with Phish - 2022 (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are eighteen (18) years of age or older at the time of entry. Only one entry is permitted per person. If a person enters more than once, their additional entries will be eliminated. Void in Oregon, Mississippi and where otherwise prohibited or restricted by law. Employees, officers, directors, contractors, and representatives of Sponsor, Phish (the “Artist”), Ben & Jerry’s (the “Brand”), and their respective corporate parents, subsidiaries, affiliates, advertising and promotion agencies, agents, and any other entity involved in the development or administration of the Sweepstakes (collectively, with Sponsor, Brand and Artist, the “Sweepstakes Entities”) as well as the immediate family (defined as spouse, parents, children, siblings, grandparents, and “steps” of each) and household members of each, whether or not related, are not eligible to enter or win the Sweepstakes. By participating, entrant agrees to abide by these official rules (the “Official Rules”) and the decisions of Sponsor in all matters relating to the Sweepstakes, which are final and binding in all respects. Notwithstanding the foregoing, Sponsor’s volunteers are eligible.
How to Enter. NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE. Taking civic actions, such as verifying your voter registration status, registering to vote, requesting a mail in ballot or sharing the contest with friends is not required for entry. Having a valid voter registration status or being eligible to register to vote is not required for entry. To enter, entrant must use one of two methods:
(1) INTERNET: By visiting the Sweepstakes Website and signing up on the appropriate form, or
(2) MAIL: By mailing a 3 ½” x 5” card with your name, complete valid postal address (including zip code), date of birth, telephone number, and valid e-mail address legibly, hand printed in a #10 envelope with proper postage affixed to: [I04 West 29th Street 11th Floor NYC 10001]. Maximum one (1) entry card will be accepted per stamped outer mailing envelope. The HeadCount Parties assume no responsibility for lost, late, incomplete, stolen, misdirected, mutilated, illegible or postage-due entries or mail, all of which will be void. No mechanically reproduced entries permitted. All entries become the property of HeadCount, and none will be acknowledged or returned.
Limit one (1) entry per person.
INCREASED CHANCES OF WINNING VIA SHARE AND RECRUITMENT: After completing an entry using the online form on the Sweepstakes Website, each individual entrant has the opportunity to have their name appear two additional times in the random drawing pool, should they successfully get three other people to enter. The mechanism for this is using a custom URL generated for sharing the Sweepstakes on the final page of the Sweepstakes user flow. An entrant may share this URL through any means including social media or email.
The submission of an entry is solely the responsibility of the entrant. Only eligible entries actually postmarked/received by the deadlines specified in these Official Rules, will be included in the Prize drawing. Any automated receipt does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements will be disqualified from the Sweepstakes.
Odds of Winning.
Odds of winning depend on the number of eligible entries received.
Prize. One winner will each win two tickets to any Phish concert of your choice within 12 months of prize being awarded. Prize dependent on Phish touring schedule and schedule can be amended or adjusted at the discretion of Phish management or HeadCount; 52 coupons redeemable for a free pint of Ben & Jerry's ice cream at any participating retailer; and original, one-of-a-kind sketch by Jim Pollock of the Phish Food 25th Anniversary signed by the artist
with an approximate retail value of $2,000 (“ARV”) (the “Prize(s)”).
[The total ARV of all Prizes offered in this Sweepstakes is $2,000.]
Winners are subject to verification, including verification of age and residency. The Prize is neither transferable nor redeemable in cash and it must be accepted as awarded. No substitutions will be available, except at the sole discretion of Sponsor, who reserves the right to award a prize of equal or greater financial value if any advertised prize (or any component thereof) becomes unavailable. Prize does not include any other item or expense not specifically described in these Official Rules.
WINNERS AGREE TO ACCEPT THE PRIZE “AS IS”, AND ENTRANTS HEREBY ACKNOWLEDGE THAT SWEEPSTAKES 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 BUT NOT LIMITED TO (A) ANY EXPRESS WARRANTIES PROVIDED EXCLUSIVELY BY A PRIZE SUPPLIER THAT ARE SENT ALONG WITH THE PRIZE OR (B) THEIR QUALITY OR MECHANIC CONDITIONS. SPONSOR HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Each winner is solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a Prize. All costs and expenses associated with Prize acceptance and use not specifically provided herein are the responsibility of each winner.
Winner Selection and Notification. On or about October 15, 2022, one winner will be selected from all eligible entries received via a random drawing administered electronically at the offices of HeadCount - 104 West 29th Street, NY, NY, 10001. Sponsor will notify each winner by email or text via the email address and/or phone number submitted with their Sweepstakes entry.
Each winner is subject to verification of eligibility, including verification of age and residency.
If a winner (i) is determined to be ineligible or otherwise disqualified by Sponsor or (ii) fails to respond to Sponsor’s selection email or text within forty-eight (48) hours of such email or text, the winner forfeits the Prize in its entirety and a substitute winner will be selected based upon a random drawing from among all other eligible entries received.
If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, and/or the Sweepstakes is not capable of being conducted as described in these Official Rules, Sweepstakes Entities shall have the right, at their sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Sweepstakes, and conduct a random drawing to select the Prize winners from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by Sweepstakes Entities. Sweepstakes Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law.
Publicity. Except where prohibited by law or regulation, by submitting an entry, entrant grants the Sponsor a perpetual, worldwide, royalty-free right and license to use his/her name, photograph, voice, and likeness in connection with the promotion of this and other Sweepstakes offers and Sponsor’s mission..
Winners may be required to complete, sign, notarize and return an affidavit of eligibility/liability release and a publicity release, which must be returned, properly executed, within three (3) days of issuance of Prize notification. If these documents are not returned properly executed, or are returned to Sponsor as undeliverable, or if any given Prize winner does not otherwise comply with the Officials Rules, the Prize will be forfeited and awarded to an alternate winner.
LIMITATIONS OF LIABILITY.
YOUR ACCESSING OR USE OF THE SWEEPSTAKES WEBSITE IS SOLELY AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS SITE “AS IS”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, SPONSOR ASSUMES NO LIABILITY WHATSOEVER AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THE SWEEPSTAKES WEBSITE OR PARTICIPATION IN THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE (I) SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF OR CONNECTED WITH (A) THE SWEEPSTAKES, (B) ANY PRIZE AWARDED, OR (C) YOUR USE OF OR ACCESS TO THE SWEEPSTAKES WEBSITE AND (II) YOUR REMEDIES FOR ANY CLAIMS RELATING THE SWEEPSTAKES ARE LIMITED TO YOUR ACTUAL OUT-OF-POCKET EXPENSES OF PARTICIPATION IN THE SWEEPSTAKES (IF ANY).
By participating in the Sweepstakes, entrants agree to release and hold harmless Sweepstakes Entities from any liability, claims, costs, injuries, losses or damages of any kind, directly or indirectly, whether caused by negligence or not, from (i) your participation in the Sweepstakes, including, without limitation, the unauthorized or illegal access to personally identifiable or sensitive information or acceptance, possession, use, misuse, or nonuse of the Prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, mobile device, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes, or (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries, including, without limitation, incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Sweepstakes, or the failure to capture or transmit any such information or any errors in these Official Rules. In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only one (1) prize from a random drawing from among all eligible entrants. In no event will more than the stated number of prizes (i.e., four (4) Prizes) be awarded.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor reserves the right in its sole discretion to disqualify any entry or entrant from the Sweepstakes or from winning the Prize if it determines that said entrant is attempting to undermine the legitimate operation of the promotion by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or any Sweepstakes Entities.
Sponsor’s Reservation of Rights. Sweepstakes Entities’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. If for any reason the Sweepstakes is not capable of being safely executed as planned, including, without limitation, as a result of war, natural disasters or weather events, labor strikes, acts of terrorism, pandemic infection (including without limitation, events related to the COVID-19 virus), or other force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which in the opinion of and/or Sweepstakes Entities, corrupt or affect the administration, security, fairness, integrity, or proper conduct and fulfillment of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, Sponsor reserves the right to select a winner from a random drawing from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension.
DISPUTES AND JURISDICTION: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ITS CONFLICTS OF LAW PRINCIPLES, AND THE FORUM AND VENUE FOR ANY DISPUTE RELATING TO THE SWEEPSTAKES SHALL BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION IN NEW YORK, NEW YORK. EXCEPT WHERE PROHIBITED, ENTRANTS AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Official Rules. For a copy of the Official Rules, mail a self-addressed stamped envelope by first class mail to HeadCount Check my Status with Phiah - 2022 Sweepstakes Rules, 104 W. 29th Street, 11th Floor, New York, NY 10001, Attention: Digital Marketing Department. Sweepstakes entrants are hereby authorized to copy these Official Rules on the condition that it will be for their personal use and not for any commercial purpose whatsoever.
Intellectual Property Ownership; Access to Sweepstakes Website. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Sweepstakes Website and its content are owned by Sponsor. Neither these Official Rules (nor your access to the Sweepstakes Website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited, non-exclusive right to access the Sweepstakes Website for your own personal, noncommercial use. Sponsor and its suppliers reserve all rights not granted in these Official Rules. There are no implied licenses granted under these Official Rules.
All trademarks, logos and service marks (“Marks”) displayed on the Sweepstakes Website are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Privacy. Sweepstakes entrants acknowledge the Sponsor’s privacy policies, located at www.HeadCount.org. Personal information of entrants will never be sold or shared with any commercial third party. Should entrant register to vote, their information will be shared, as noted on the user interface, with the individual state election board in entrant’s home state, and also be added to databases of registered voters used exclusively for non-profit purposes and the purpose of encouraging voter turnout.
Winner’s List. A winner’s list is available only within sixty (60) days after the end of the Entry Period. Mail request to HeadCount Check my Status with Phish - 2022 Sweepstakes Winners List, 104 W. 29th Street, 11th Floor, New York, NY 10001, Attention: Digital Marketing Department. In order to obtain a winner’s list, where permitted by law, send your written request and a self-addressed, stamped envelope (residents of VT and WA may omit return postage).
The Sweepstakes and all accompanying materials are © 2022 HeadCount.org. All rights reserved.