Jazz 24/7 DVD Giveaway – RULES

RG WINNER VERIFICATION: Each potential RG Winner will be required to complete, sign and return within five (5) business days of transmission an Affidavit of Eligibility and Liability/Publicity Release form; such form will be sent to each potential RG Winner by WGBH. If a signed Affidavit of Eligibility and Liability/Publicity Release form is not returned to WGBH within the specified time period, or if a potential RG Winner is found to be ineligible or otherwise not in compliance with these Jazz 24/7 DVD Radio Giveaway Rules, or the Official Rules, or declines a Prize for any reason prior to award, the Prize may be forfeited and the potential RG Winner may be disqualified. If a potential RG Winner is disqualified for any reason, Station reserves the right to re-conduct the Jazz 24/7 DVD Radio Giveaway at a later time or cancel that winning opportunity and not award the associated prize.
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Jazz 24/7 DVD Instagram Giveaway – RULES

These Jazz 24/7 DVD Instagram Giveaway Rules apply to the Jazz 24/7 DVD Instagram Giveaway only. Each entrant in the Jazz 24/7 DVD Instagram Giveaway (the “IG Entrant”) fully and unconditionally agrees to and accepts these Jazz 24/7 DVD Instagram Giveaway Rules, the Official Rules (defined below) and the decisions of WGBH, which are final and binding in all matters related to the Jazz 24/7 DVD Instagram Giveaway. Winning a Prize is contingent upon fulfilling all requirements and guidelines set forth herein.

NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. You must have internet access and an active Instagram account to participate in the Instagram giveaway (data rates may apply).

Each IG Entrant selected to win a prize from this Jazz 24/7 DVD Instagram Giveaway (each, an “IG Winner” collectively, the “IG Winners”) is not eligible to win a prize through the other methods in which a prize can be won.

ENTRY PERIOD: The Jazz 24/7 DVD Instagram Giveaway begins on March 26, 2020 at 09:00 am (ET) and ends on March 28, 2020 at 11:00 pm (ET) (the “IG Entry Period”).

HOW TO ENTER: During the IG Entry Period, participants may enter the Jazz 24/7 DVD Instagram Giveaway by:

(a) logging in to your existing account, or signing up for a free account, with the social media network site Instagram,

(b) visiting the Jazz 24/7 Instagram account (@jazz247_from_wgbh) (via the Instagram app or via Instagram.com), liking the Jazz 24/7 DVD Instagram Giveaway post, and commenting with any comment or by using the hashtag #Jazz247 in your comment.”. Posts that include any hashtag other than the designated hashtag, and/or posts that do not include the designated hashtag for the Jazz 24/7 DVD Instagram Giveaway, will not be accepted for entry.

Limit one (1) Jazz 24/7 DVD Instagram Giveaway entry, per eligible person, during the IG Entry Period. Submission of additional entries by an IG Entrant by using multiple or different social media accounts or identities will result in the additional entries being discarded. In the event of a dispute as to the identity of a potential IG Winner, the winning entry will be declared made by the registered account holder of the Instagram account used to submit the entry and such individual will be required to comply with these Official Rules. Any potential IG Winner may be required to show proof of being the registered account holder. Entries that are incomplete or corrupted are void. Use of any automated system to participate is prohibited and will result in disqualification. Incomplete or inaccurate entries, entries generated by script, macro or other automated means and entries by any means which subvert the entry process will not be accepted and are void.

INSTAGRAM MAY NOT BE ACCESSIBLE FROM ALL MOBILE PHONES, HANDHELD DEVICES AND/OR TABLETS. IF AN IG ENTRANT EXPERIENCES ANY ISSUES ENTERING, HE/SHE SHOULD ACCESS INSTAGRAM BY ENTERING FROM A DESKTOP OR LAPTOP COMPUTER.

RANDOM DRAWING: A total of six (6) IG Entrants will be selected as winners (each, an “IG Winner”) from one (1) random drawing conducted by WGBH on or about March 30, 2020 from among all eligible entries received during the IG Entry Period; six (6) IG Winners each will receive one (1) Prize.

IG WINNER NOTIFICATION/VERIFICATION:

(a) Notification: Each potential IG Winner will be notified by direct message on Instagram (or such other method as determined by WGBH based on contact information provided in entering the Jazz 24/7 DVD Instagram Giveaway). If any potential IG Winner selected cannot be contacted, or does not respond within five (5) business days of being notified by WGBH, such potential IG Winner shall forfeit any and all rights to the Prize and, at the discretion of WGBH, an alternate potential IG Winner may be selected. All decisions of WGBH are final and binding in all respects.

(b) Each potential IG Winner will be required to complete, sign and return within five (5) business days of transmission of each of the following documents, an Affidavit of Eligibility and Liability/Publicity Release form. If a signed Affidavit of Eligibility and Liability/Publicity Release form is not returned to WGBH within the specified time period, or if a potential IG Winner is found to be ineligible or otherwise not in compliance with these Jazz 24/7 DVD Instagram Giveaway Rules, or the Official Rules, or declines a Prize for any reason prior to award, the Prize may be forfeited and the potential IG Winner may be disqualified. If a potential IG Winner is disqualified for any reason, at the discretion of WGBH, an alternate IG Winner may be selected from all remaining eligible entries received during the IG Entry Period.

(c) No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received on account of technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to IG Entrant’s or any other person’s computer related to or resulting from participation in or downloading any materials from this Jazz 24/7 DVD Instagram Giveaway.

IG Entrants further agree not to knowingly damage or cause interruption of the Jazz 24/7 DVD Instagram Giveaway and/or prevent others from participating in the Jazz 24/7 DVD Instagram Giveaway. CAUTION: ANY ATTEMPT BY AN IG ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE JAZZ 24/7 DVD INSTAGRAM GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, WGBH MAY DISQUALIFY ANY IG ENTRANT MAKING SUCH ATTEMPT AND RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH AN INDIVIDUAL AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

By participating through IG Entrant’s Instagram account, IG Entrant (a) releases Instagram and its respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by IG Entrant’s participation, including the acceptance, possession, use, or misuse of the Prize; and (b) acknowledges that the promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
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OFFICIAL RULES

ELIGIBLITY: The Jazz 24/7 DVD Radio and Instagram Giveaways (the “Giveaways”) are open only to permanent legal residents of the fifty (50) United States and the District of Columbia (but excluding Puerto Rico, Guam and all other U.S. territories and possessions, including overseas military installations), who are 18 years of age or older (or the age of majority in the jurisdiction of their residence, whichever is older) at the time of entry. Void where prohibited or restricted by law.

WGBH, its employees, officers, directors, trustees, agents, its related parent, affiliated or subsidiary companies, or those individuals who have within six (6) months prior to the start date of the Giveaways performed services for any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaways, supplying prizes (or any component of any prize), and/or their respective parent, subsidiary, affiliated and successor companies (collectively, the “Giveaways Entities”), and immediate family and household members of all individuals stated above are not eligible to enter or win. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three consecutive months a year, whether related or not. Potential RG and IG Winners may be required to provide proof of eligibility upon request prior to being awarded a Prize, as defined below. The winner of the Instagram Giveaway is ineligible for the Radio Giveaway and vice versa.

PRIZE: Twelve (12) DVDs of the documentary Blue Note Records: Beyond The Notes (each a “Prize,” collectively the “Prizes”) will be awarded in total over the course of the both the RG Entry Period and the IG Entry Period as follows: six (6) DVDs via the Jazz 24/7 DVD Radio Giveaway and six (6) DVDs via the Jazz 24/7 DVD Instagram Giveaway.

PRIZE TERMS, CONDITIONS AND RESTRICTIONS:

(a) Each Prize may not be transferred or assigned to another person, and may not be exchanged for a different Prize or redeemed for cash or any other consideration. No cash or other substitution may be made, except by WGBH, who reserves the right to substitute the Prize with a prize of comparable or greater value, at its sole discretion in the event of unavailability.

(b) Limit: One (1) Prize for each RG or IG Winner. WGBH makes no, and disclaims all, warranties, guarantees or representations, express or implied, concerning the condition, quality, merchantability, and/or fitness of the Prize.

(c) Any and all federal, state and local taxes, fees and surcharges on Prizes, if any, as well as any other costs and expenses associated with acceptance of the Prize are the sole responsibility of each Winner.

APPROXIMATE RETAIL VALUE OF THE PRIZE: The approximate retail value (the “ARV”) of the Blue Note Records: Beyond The Notes DVD is $12. Any difference between stated ARV and actual value will not be awarded. Odds of winning the Prize depend on the total number of eligible entries received during the RG or IG Entry Periods.

CONDITIONS/RELEASE: By participating, RG and IG Entrants: (a) release the Giveaways Entities and their respective officers, directors, trustees, agents, and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by the RG or IG Entrant’s participation, including the acceptance, possession, use, or misuse of the Prize; and (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to the Prize, as applicable, including, but not limited to, its quality or availability. In the event WGBH is prevented from continuing with the Giveaways by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the WGBH's control, WGBH shall have the right to modify, suspend, or terminate the Giveaways. Neither WGBH Educational Foundation nor any service providers are responsible for incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in these Giveaways.

By entering the Giveaways, each RG or IG Entrant grants to WGBH the right to use RG or IG Entrant’s name, likeness, picture, address (city and state only), voice, biographical information, and written or oral statements, for advertising and promotional purposes in connection with the Giveaways, Jazz 24/7, and/or the institutional promotion of WGBH, without further consideration, review, approval or payment, where allowed by law.

You may be asked to consent to receive promotional and reminder e-mails and phone calls from Jazz 24/7. Consenting to receive promotional or reminder e-mails or phone calls is optional and does not have to be agreed upon in order to be eligible to participate in the Giveaways and does not improve your chances of winning.

Official Rules will be posted at https://www.wgbh.org/jazz-24-7-dvd-giveaway-rules, during the RG and IG Entry Periods.

Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Giveaways are not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of RG and IG Entrants, technical failures or any other causes which in the sole opinion of WGBH, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaways, WGBH reserves the right at its sole discretion to disqualify any suspect entry or RG and IG Entrant and to cancel, terminate, modify or suspend the Giveaways. In the event of any cancellation, termination or suspension, notice thereof will be posted at https://www.wgbh.org/jazz-24-7-dvd-giveaway-rules , and the selection of RG and IG Winners may be made from among all eligible, non-suspect entries received as of the date of the termination, cancellation or suspension, as WGBH determines in its sole discretion. Entries not complying with all rules are subject to disqualification.

DISPUTES: If any controversy or claim arising out of or relating to the Official Rules, the Giveaways, or the breach of any term hereof cannot be settled through direct discussions for a period of 30 days, each RG and IG Entrant agrees, then, upon notice duly served, that the controversy or claim shall be resolved by binding and final arbitration administered by JAMS or its successor (“JAMS”), at JAMS’ Boston, Massachusetts office, before a single neutral arbitrator appointed in accordance with the streamlined arbitration rules and procedures, or subsequent versions thereof, including the optional appeal procedure (including the optional JAMS Rules, including, without limitation, the rule providing that each party will contribute equally to JAMS fees and expenses and the rules providing for limited discovery and other exchange of information). All disputes and arbitrations shall be governed by the laws of the Commonwealth of Massachusetts and the Federal Rules of Evidence regardless of choice of law rules and there shall be no award of punitive damages. The decision of the arbitrator shall be in writing and shall include a statement of the essential conclusions and findings upon which the decision is based. The JAMS Rules are available at www.JAMSADR.com . All arbitration proceedings shall be confidential and disclosed only to those with a need to know or as may be required by law or as may be required to enforce any arbitration proceedings or awards. Judgment on any awards may be entered in the federal or state courts in Suffolk County, Massachusetts, which are the exclusive forums for such matters. In the event that the arbitration provision in these Official Rules is for any reason held to be unenforceable, any litigation against the Giveaways Entities (except for small-claims court actions) may be commenced only in a federal or state court located within Suffolk County, Massachusetts, and RG and IG Entrant consents to the jurisdiction of those courts for such purposes.

ENTRANT’S PERSONAL INFORMATION: Personal information collected in connection with this Giveaway may be used in accordance with the WGBH Privacy Policy, available at https://www.wgbh.org/help/2018/04/30/privacy-policy and for the purposes of notifying RG and IG Winners and confirming RG and IG Winners’ addresses for the delivery of their Prize.

WINNERS LIST: To receive results of the Giveaways (Winners’ lists), send a stamped, self-addressed envelope to: [Unit contact], WGBH Educational Foundation, One Guest Street, Boston, MA 02135. All such requests must be received by [DATE].