The SXSW Dream Gig Contest

Sponsored by Esurance
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY ENTERING, YOU AGREE THAT YOUR NAME, ENTRY AND ALL ENTRANT CONTENT (DEFINED BELOW) MAY BE POSTED PUBLICLY ONLINE AND USED AS MORE FULLY EXPLAINED BELOW.  BY ENTERING, YOU REPRESENT AND WARRANT THAT YOUR ENTRY, ENTRANT CONTENT, AND ALL ELEMENTS WITHIN IT ARE OWNED SOLELY BY YOU AND THAT YOU HAVE ALL RIGHTS AND PERMISSIONS TO SUBMIT YOUR ENTRY IN THIS PROMOTION. 

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.  INTERNET ACCESS IS REQUIRED.

EACH WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW.

BY ENTERING THE PROMOTION 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.

• ELIGIBILITY

 

The Promotion is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia and who are at least age twenty-one (21) or older as of the beginning of the Promotion Period. Corporate entities are not eligible and have no right to claim any prize won by their employees.  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 Sponsor, and its parent companies, divisions, subsidiaries, successors in interest, advertising, promotion and public relations agencies, including GMR Marketing LLC (“GMR”) (collectively, the “Promotion Entities”) are not eligible. For the purposes of this Promotion (defined below), family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including "step" as they may apply). Void where prohibited by law.

• HOW TO ENTER.

 

Phase I

The SXSW Dream Gig Contest (“Promotion”) begins at 12:00 p.m. Pacific Time (“PT”) on January 8, 2013 and ends at 11:59 p.m. PT on January 25, 2013 (the “Promotion Period”).  To enter, eligible individuals (see Section 2 below for eligibility requirements) must enter the Promotion through Sponsor’s application for the Promotion (“Application”) accessible on the “Contest” or similar tab of Sponsor’s page on Facebook (“Web Site”). To enter, follow the on-screen links and instructions to join the Application, including choosing to “Like” the page (if you have not previously done so).  Once on the Application entrant will need to answer a list of open ended essay-type questions (“Entrant Content”), answers must comply with the “Submission Requirements” in Section 3 below and otherwise with these Official Rules (“Entry”).  Entrant Content received during an Entry Period will be judged and voted on as more fully detailed below from among all other Entrant Content received as of the end of the Entry Period.  Entries must be submitted during the Promotion Period through the Application and in strict accordance with the instructions and restrictions on the Web Site and these Official Rules. Limit one (1) Entry per person. The Application’s database clock will be the official timekeeper for this Promotion. For purposes of this Promotion, only Entries that are recorded through the Application on the Application’s servers will be considered.  Other proof of submitting an Entry (such as a printed or copied screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Promotion.

Those who do not abide by these Official Rules, the instructions of Esurance Insurance Services, Inc. (“Sponsor”) and the Web Site and provide all required information will be disqualified in Sponsor’s sole discretion. Entries or participation will not be acknowledged or returned. 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 Promotion.  As a condition of entering the Promotion, 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 to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules.

ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND ESSAY. ANY ENTRY OR ESSAY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.

SELECTION AND NOTIFICATION OF WINNERS: At the end of the Promotion Period eligible Entrant Content will be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”), based on the following criteria, which will be given the indicated weights: Knowledge of film, music and interactive media (34%), clarity of communication (33%), and creativity (33%) (collectively, the “Criteria”). In the event of a tie, the entrant with the highest score on the criteria of knowledge of film, music and interactive media will prevail.  The three (3) entrants with the highest score, subject to verification, will then become participants in Phase II.  The winners will be notified that they have been selected as the Phase II entrants in this Promotion on or about February 15, 2013, by mail, phone and/or e-mail in Sponsor’s sole discretion.    

Phase II

Phase II begins at 12:00 p.m. Pacific Time (“PT”) on February 15, 2013 and ends at 11:59 p.m. PT on February 22, 2013 (the “Phase II Period”). 

To continue to participate, the three (3) Phase I winners shall submit one (1) video describing why participant should be chosen as the winter of the SXSW Dream Gig.  Video should not contain any individuals other than entrant and should not display or include any TRADEMARKED, COPYRIGHTED OR PROPRIETARY BRAND NAMES, LOGOS, IMAGES OR OBJECTS.  Video must not include music and must be no shorter than 30 seconds in length, no longer than 60 seconds in length, no larger than 1024 megabytes (1GB) in size, and in a .3GP, .AVI, .MOV, .MP4, .MPEG, .FLV, .F4V, .SWF, or .MKV format.  Video must also comply with all submission requirements found in Section 3 below.   Finalist videos are due by Feb 11.

entries that do noT comply will be disqualified.

ANY SUBMISSIONS THAT DO NOT MEET THESE REQUIREMENTS WILL NOT BE CONSIDERED. 

PUBLIC VOTING AND SELECTION AND NOTIFICATION OF WINNERS: During the Phase II Period, the videos, if any and as determined in Sponsor’s sole discretion, will be publicly posted through the Application for voting by users of the Application (“Users”).  Users can vote up to one (1) time per day by going to the Application and following the instructions to join the Application and participate in the voting process (which may require you to “Like” the Application, Sponsor’s page, or both, in Sponsor’s sole discretion).  Any participant offering, using, or attempting to use a “cheat,” payment, or other incentive, or any other means to obtain votes will be disqualified and any points or entries earned by those means will be void, in Sponsor’s sole discretion.  If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the Entry to which such votes relate, or the votes themselves, or both.

The grand prize winner shall be chosen on or about February 25, 2013.

BONUS SWEEPSTAKES:  During the Phase II Period, each time a User votes, such User will be entered into a bonus sweepstakes (“Bonus Sweepstakes”).  Sponsor shall select or cause to be selected one (1) potential “Bonus Prize Winner” by random drawing from all eligible User entrants received during the Phase II Period on or about February 25, 2013.  Drawing will be conducted by a sponsor designee, whose decisions regarding the random drawing will be final.  The potential Bonus Prize Winner will be notified that he/she may have won a prize via phone or e-mail (a “Winner Notification”).  Except where prohibited, as a condition of entering the Sweepstakes, Sponsor may require the winner to complete, execute, have notarized (if applicable) and return an Affidavit of Eligibility, Mutually Agreeable Liability Release where lawful, Publicity Release and required tax documents (collectively, the “Affidavit”) within three (3) business days (which may require providing winner’s Social Security Number 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 is subject to verification by Sponsor.

Bonus Sweepstakes Prize: One (1) Bonus Prize:  Subject to verification, the Bonus Prize Winner will receive $500 cash. 

Odds of winning depend upon number of User votes received. 
Each winner may be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, a declaration of eligibility and liability/publicity release and tax forms (as applicable) (collectively, the “Winner Documents”) according to Sponsor’s instructions within seven (7) days from when Sponsor sends the Winner Documents or other time frame as specified in those documents.  Failure to comply with these requirements, Sponsor’s instructions or these Official Rules may result in disqualification from the Promotion and forfeiture of any prize potentially won, in Sponsor’s sole discretion.  The Winner Documents, if required, will be subject to verification by Sponsor. 

 

• SUBMISSION REQUIREMENTS: 

 

All Entrant Content must meet the following requirements in Sponsor’s sole discretion or they will be disqualified:

• Answers to Phase I must be written in English.
• Video must be taken by the entrant or if it is taken by a third party, entrant must have all permissions and rights to submit the Video in this Promotion and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
• Video must NOT depict any person other than the entrant.
• Entrant Content must NOT identify describe or depict any third party or third party’s recognizable brands or products, any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), or commercial artwork. 
• All aspects of the Essay and Video must be originally created by and solely owned by entrant, or in the public domain.  All third party content and content unoriginal to participant in the Essay or Video is prohibited.
• Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity. 
• Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
• Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Promotion Entity, or any third party.
• Entrant Content must not contain any harmful or illegal activity or in any way violate any federal, state, or local laws or regulations.
• Entrant Content must be suitable for presentation in a public forum.
• Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous use of Sponsor’s or any other products or services.
• Entrant agrees that his/her participation in the Promotion and agreement to these Official Rules and any Promotion Entity’s display and use of the Entrant Content will not violate any agreement to which entrant is a signatory or party.
• Entrant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Promotion Entity of the Entrant Content.

 

Without limiting any other provision in these Official Rules, as a condition of entry, each entrant grants Sponsor and its agents the right to use in any way the Entry and Entrant Content and all related elements on the Application page, Sponsor’s page, Sponsor’s web site or elsewhere in its sole discretion, including, without limitation, for marketing and promotional purposes, without notice, approval, compensation, liability, or consent.  Sponsor reserves the right in its sole discretion to edit, change, blur, alter, or modify any Entrant Content to make it conform to these Official Rules.  Sponsor reserves the right in its sole discretion to disqualify from the Promotion and/or remove from displaying or publishing any Entry, Essay, or Photograph that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Promotion Entity, the Promotion, or any other person or entity or does not comply with these requirements or these Official Rules.

• PRIZES:  One (1) grand prize winner of the Phase II voting, subject to verification, will receive: (1) a flight to Austin, Texas to attend SXSW, (2) an all access pass to SXSW, (3) a ten night hotel stay in a hotel in or around Austin, Texas, (4) the chance to act as a Sponsor designated spokesperson at SXSW, and (5) a $1,000 cash stipend.

 

Total ARV of prize: $7,160

All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion.  All prizes legitimately claimed will be awarded. All taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of a prize are the sole responsibility of each winner.Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. As a condition of entry, each entrant agrees that if they are a winner, Sponsor has the right to change, modify, blur, or alter in any way the winner’s name or likeness for display and incorporation into Sponsor’s page on Facebook or elsewhere in its sole discretion and without notice, approval, compensation, liability, or consent.  No more than the stated prizes will be awarded.  Limit of one (1) prize per person or household for the Promotion.  Prizes will only be mailed or otherwise provided to the verified winner’s address in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole discretion.

• LICENSE: By entering, except where prohibited by law, each participant grants to the Promotion Entities and their agents and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content, Entries, and the Entries themselves, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each participant agrees that the licensed entities may, but are not required to, attribute the Entrant Content to a participant. Each participant waives and releases the Released Parties (defined in Section 7 below) from any and all claims that participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of entries without further notification or compensation to participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Promotion, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants rights therein.

Each participant acknowledges and agrees that nothing in these Official Rules will require a Promotion Entity to use the Entrant Content in part or in whole or to include the Entrant Content in any Promotion Entity-related property, including, without limitation, and any Promotion Entities’ web site, blog, page, or other online or offline property.  Each participant hereby acknowledges and agrees that the relationship between the participant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to submit his/her Entrant Content for purposes of the Promotion does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules.  Each participant understands and acknowledges that Sponsor has wide access to ideas, essays, and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, ingredients, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each participant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her Entrant Content. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or production, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

• LIMITATION OF LIABILITY: EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE PROMOTION ENTITIES, FACEBOOK, and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs of each (collectively “Promotion Entities”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR PROMOTION-related activity, including, without limitation, any injury, damage, death, loss, OR accident to person or property. EACH WINNER AGREES THAT THe PRIZES ARE 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.

 

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

• ADDITIONAL DISCLAIMERS: Promotion Entities are not responsible or liable for any of the following, whether caused by a Promotion Entity, the entrant, or by any other individual or entity: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Promotion-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 Promotion-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.  Promotion Entities 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 or other account to receive messages.  Promotion Entities are not responsible, and may disqualify an entrant at any time, 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, Promotion Entities 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 Promotion activities or the Promotion Entities’ 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.

 

• GENERAL RULES: By entering the Promotion (except where prohibited by law), entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval.  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 this Promotion, 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 Promotion. Participants further agree to not damage or cause interruption of the Promotion and/or prevent others from using the Promotion. 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 Promotion. 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 Promotion-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.  If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name or other information or content may have been shown or announced on the Web Site or elsewhere.  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 Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion, which may include, without limitation, not awarding any prizes. 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 who enters using the Application, the participant will be declared to be the registered account holder of the e-mail address of record for the account making use of the Application during the Promotion Period, 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 or she is the authorized account holder of the applicable e-mail address.  If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.

• Disputes/Governing Law. Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Promotion Entity, claims and causes of action arising out of or connected with this Promotion, 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 an award 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 two hundred fifty dollars ($250), and entrant further waives all rights to have damages multiplied or increased.

 

This Promotion 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 State of California, without reference to its conflicts of law principles.  Any legal actions, suits or proceedings related to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Francisco County, California and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Promotion.

• WINNER LIST AND OFFICIAL RULES. To find out the names of the winner(s) as of the date your request is received, send a legal-size, self-addressed, stamped envelope to: The SXSW Dream Gig Contest, c/o Esurance, 650 Davis Street, San Francisco, California, 94111. Requests must be received no later than three (3) months following the end of the Phase II Period. For a copy of these Official Rules, print out these pages or send a legal-size, self-addressed, stamped envelope prior to the end of the Phase II Period to: The SXSW Dream Gig Contest, c/o Esurance, 650 Davis Street, San Francisco, California, 94111. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.

 

• THE SPONSOR OF THIS PROMOTION IS: Esurance Insurances Services, Inc., 650 Davis St., San Francisco, CA 94111-1922.  Any questions, comments or complaints regarding the Promotion should and will be directed to Sponsor, not Facebook.

The SXSW Dream Gig Contest

Sponsored by Esurance
Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

BY ENTERING, YOU AGREE THAT YOUR NAME, ENTRY AND ALL ENTRANT CONTENT (DEFINED BELOW) MAY BE POSTED PUBLICLY ONLINE AND USED AS MORE FULLY EXPLAINED BELOW.  BY ENTERING, YOU REPRESENT AND WARRANT THAT YOUR ENTRY, ENTRANT CONTENT, AND ALL ELEMENTS WITHIN IT ARE OWNED SOLELY BY YOU AND THAT YOU HAVE ALL RIGHTS AND PERMISSIONS TO SUBMIT YOUR ENTRY IN THIS PROMOTION. 

THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK.  INTERNET ACCESS IS REQUIRED.

EACH WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW.

BY ENTERING THE PROMOTION 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.

• ELIGIBILITY

 

The Promotion is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia and who are at least age twenty-one (21) or older as of the beginning of the Promotion Period. Corporate entities are not eligible and have no right to claim any prize won by their employees.  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 Sponsor, and its parent companies, divisions, subsidiaries, successors in interest, advertising, promotion and public relations agencies, including GMR Marketing LLC (“GMR”) (collectively, the “Promotion Entities”) are not eligible. For the purposes of this Promotion (defined below), family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren (including "step" as they may apply). Void where prohibited by law.

• HOW TO ENTER.

 

Phase I

The SXSW Dream Gig Contest (“Promotion”) begins at 12:00 p.m. Pacific Time (“PT”) on January 8, 2013 and ends at 11:59 p.m. PT on January 25, 2013 (the “Promotion Period”).  To enter, eligible individuals (see Section 2 below for eligibility requirements) must enter the Promotion through Sponsor’s application for the Promotion (“Application”) accessible on the “Contest” or similar tab of Sponsor’s page on Facebook (“Web Site”). To enter, follow the on-screen links and instructions to join the Application, including choosing to “Like” the page (if you have not previously done so).  Once on the Application entrant will need to answer a list of open ended essay-type questions (“Entrant Content”), answers must comply with the “Submission Requirements” in Section 3 below and otherwise with these Official Rules (“Entry”).  Entrant Content received during an Entry Period will be judged and voted on as more fully detailed below from among all other Entrant Content received as of the end of the Entry Period.  Entries must be submitted during the Promotion Period through the Application and in strict accordance with the instructions and restrictions on the Web Site and these Official Rules. Limit one (1) Entry per person. The Application’s database clock will be the official timekeeper for this Promotion. For purposes of this Promotion, only Entries that are recorded through the Application on the Application’s servers will be considered.  Other proof of submitting an Entry (such as a printed or copied screen or message) does not constitute proof of actual receipt of the Entry for purposes of this Promotion.

Those who do not abide by these Official Rules, the instructions of Esurance Insurance Services, Inc. (“Sponsor”) and the Web Site and provide all required information will be disqualified in Sponsor’s sole discretion. Entries or participation will not be acknowledged or returned. 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 Promotion.  As a condition of entering the Promotion, 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 to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules.

ENTRIES WILL NOT BE ACKNOWLEDGED OR RETURNED AND, IN FACT, MAY BE DESTROYED. DO NOT SUBMIT ANY IRREPLACEABLE OR ONE-OF-A-KIND ESSAY. ANY ENTRY OR ESSAY THAT DOES NOT CONFORM TO THE REQUIREMENTS IN THESE OFFICIAL RULES WILL BE DEEMED INELIGIBLE IN SPONSOR’S SOLE DISCRETION.

SELECTION AND NOTIFICATION OF WINNERS: At the end of the Promotion Period eligible Entrant Content will be judged by a panel of judges chosen in Sponsor’s sole discretion (“the Judges”), based on the following criteria, which will be given the indicated weights: Knowledge of film, music and interactive media (34%), clarity of communication (33%), and creativity (33%) (collectively, the “Criteria”). In the event of a tie, the entrant with the highest score on the criteria of knowledge of film, music and interactive media will prevail.  The three (3) entrants with the highest score, subject to verification, will then become participants in Phase II.  The winners will be notified that they have been selected as the Phase II entrants in this Promotion on or about February 15, 2013, by mail, phone and/or e-mail in Sponsor’s sole discretion. 

Phase II

Phase II begins at 12:00 p.m. Pacific Time (“PT”) on February 15, 2013 and ends at 11:59 p.m. PT on February 22, 2013 (the “Phase II Period”). 

To continue to participate, the three (3) Phase I winners shall submit one (1) video describing why participant should be chosen as the winter of the SXSW Dream Gig.  Video should not contain any individuals other than entrant and should not display or include any TRADEMARKED, COPYRIGHTED OR PROPRIETARY BRAND NAMES, LOGOS, IMAGES OR OBJECTS.  Video must not include music and must be no shorter than 30 seconds in length, no longer than 60 seconds in length, no larger than 1024 megabytes (1GB) in size, and in a .3GP, .AVI, .MOV, .MP4, .MPEG, .FLV, .F4V, .SWF, or .MKV format.  Video must also comply with all submission requirements found in Section 3 below.   Finalist videos are due by Feb 11.

entries that do noT comply will be disqualified.

ANY SUBMISSIONS THAT DO NOT MEET THESE REQUIREMENTS WILL NOT BE CONSIDERED. 

PUBLIC VOTING AND SELECTION AND NOTIFICATION OF WINNERS: During the Phase II Period, the videos, if any and as determined in Sponsor’s sole discretion, will be publicly posted through the Application for voting by users of the Application (“Users”).  Users can vote up to one (1) time per day by going to the Application and following the instructions to join the Application and participate in the voting process (which may require you to “Like” the Application, Sponsor’s page, or both, in Sponsor’s sole discretion).  Any participant offering, using, or attempting to use a “cheat,” payment, or other incentive, or any other means to obtain votes will be disqualified and any points or entries earned by those means will be void, in Sponsor’s sole discretion.  If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in this Section, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the Entry to which such votes relate, or the votes themselves, or both.

The grand prize winner shall be chosen on or about February 25, 2013.

BONUS SWEEPSTAKES:  During the Phase II Period, each time a User votes, such User will be entered into a bonus sweepstakes (“Bonus Sweepstakes”).  Sponsor shall select or cause to be selected one (1) potential “Bonus Prize Winner” by random drawing from all eligible User entrants received during the Phase II Period on or about February 25, 2013.  Drawing will be conducted by a sponsor designee, whose decisions regarding the random drawing will be final.  The potential Bonus Prize Winner will be notified that he/she may have won a prize via phone or e-mail (a “Winner Notification”).  Except where prohibited, as a condition of entering the Sweepstakes, Sponsor may require the winner to complete, execute, have notarized (if applicable) and return an Affidavit of Eligibility, Mutually Agreeable Liability Release where lawful, Publicity Release and required tax documents (collectively, the “Affidavit”) within three (3) business days (which may require providing winner’s Social Security Number 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 is subject to verification by Sponsor.

Bonus Sweepstakes Prize: One (1) Bonus Prize:  Subject to verification, the Bonus Prize Winner will receive $500 cash. 

Odds of winning depend upon number of User votes received. 
Each winner may be required to complete, sign, notarize (if applicable), and return, without alteration and in the form presented by Sponsor, a declaration of eligibility and liability/publicity release and tax forms (as applicable) (collectively, the “Winner Documents”) according to Sponsor’s instructions within seven (7) days from when Sponsor sends the Winner Documents or other time frame as specified in those documents.  Failure to comply with these requirements, Sponsor’s instructions or these Official Rules may result in disqualification from the Promotion and forfeiture of any prize potentially won, in Sponsor’s sole discretion.  The Winner Documents, if required, will be subject to verification by Sponsor. 

 

• SUBMISSION REQUIREMENTS: 

 

All Entrant Content must meet the following requirements in Sponsor’s sole discretion or they will be disqualified:

• Answers to Phase I must be written in English.
• Video must be taken by the entrant or if it is taken by a third party, entrant must have all permissions and rights to submit the Video in this Promotion and agrees to provide Sponsor with written confirmation of those permissions and rights upon request.
• Video must NOT depict any person other than the entrant.
• Entrant Content must NOT identify describe or depict any third party or third party’s recognizable brands or products, any commercial or corporate advertising (including, without limitation, corporate logos, brand names, and slogans), or commercial artwork. 
• All aspects of the Essay and Video must be originally created by and solely owned by entrant, or in the public domain.  All third party content and content unoriginal to participant in the Essay or Video is prohibited.
• Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright, trademark, trade secret, or right of privacy or publicity. 
• Entrant Content must be unpublished and not have been submitted in any other contest, promotion, or competition.
• Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory, threatening, trade libelous, slanderous, libelous, disparaging, unlawfully harassing, profane, obscene, pornographic, hateful, indecent, inappropriate or injurious to any individual, any Promotion Entity, or any third party.
• Entrant Content must not contain any harmful or illegal activity or in any way violate any federal, state, or local laws or regulations.
• Entrant Content must be suitable for presentation in a public forum.
• Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous use of Sponsor’s or any other products or services.
• Entrant agrees that his/her participation in the Promotion and agreement to these Official Rules and any Promotion Entity’s display and use of the Entrant Content will not violate any agreement to which entrant is a signatory or party.
• Entrant agrees to indemnify the Released Parties (defined below) against any and all claims from any third party for any use or reuse by any Promotion Entity of the Entrant Content.

 

Without limiting any other provision in these Official Rules, as a condition of entry, each entrant grants Sponsor and its agents the right to use in any way the Entry and Entrant Content and all related elements on the Application page, Sponsor’s page, Sponsor’s web site or elsewhere in its sole discretion, including, without limitation, for marketing and promotional purposes, without notice, approval, compensation, liability, or consent.  Sponsor reserves the right in its sole discretion to edit, change, blur, alter, or modify any Entrant Content to make it conform to these Official Rules.  Sponsor reserves the right in its sole discretion to disqualify from the Promotion and/or remove from displaying or publishing any Entry, Essay, or Photograph that, in its sole discretion, refers, depicts, or in any way reflects negatively upon a Promotion Entity, the Promotion, or any other person or entity or does not comply with these requirements or these Official Rules.

• PRIZES:  One (1) grand prize winner of the Phase II voting, subject to verification, will receive: (1) a flight to Austin, Texas to attend SXSW, (2) an all access pass to SXSW, (3) a ten night hotel stay in a hotel in or around Austin, Texas, (4) the chance to act as a Sponsor designated spokesperson at SXSW, and (5) a $1,000 cash stipend.

 

Total ARV of prize: $7,160

All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion.  All prizes legitimately claimed will be awarded. All taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of a prize are the sole responsibility of each winner.Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. As a condition of entry, each entrant agrees that if they are a winner, Sponsor has the right to change, modify, blur, or alter in any way the winner’s name or likeness for display and incorporation into Sponsor’s page on Facebook or elsewhere in its sole discretion and without notice, approval, compensation, liability, or consent.  No more than the stated prizes will be awarded.  Limit of one (1) prize per person or household for the Promotion.  Prizes will only be mailed or otherwise provided to the verified winner’s address in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole discretion.

• LICENSE: By entering, except where prohibited by law, each participant grants to the Promotion Entities and their agents and assigns in perpetuity the irrevocable, sublicensable, absolute right and permission to use, edit, modify, cut, rearrange, add to, delete from, copy, reproduce, translate, separate, dub, adapt, publish, combine with other material, reuse, adapt, and exploit the content of and elements embodied in the Entrant Content, Entries, and the Entries themselves, in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation. Each participant agrees that the licensed entities may, but are not required to, attribute the Entrant Content to a participant. Each participant waives and releases the Released Parties (defined in Section 7 below) from any and all claims that participant may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” or unfair competition with respect to the Released Parties’ exploitation of entries without further notification or compensation to participants of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Promotion, on the grounds that any use of any entry, or any derivative works, infringe or violate any of participants rights therein.

Each participant acknowledges and agrees that nothing in these Official Rules will require a Promotion Entity to use the Entrant Content in part or in whole or to include the Entrant Content in any Promotion Entity-related property, including, without limitation, and any Promotion Entities’ web site, blog, page, or other online or offline property.  Each participant hereby acknowledges and agrees that the relationship between the participant and any of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to submit his/her Entrant Content for purposes of the Promotion does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entrant Content, other than as set forth in these Official Rules.  Each participant understands and acknowledges that Sponsor has wide access to ideas, essays, and other literary materials. Each participant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to his/her Entrant Content and/or each other in idea, ingredients, format, or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material that has or may come to Sponsor from other sources. Each participant acknowledges and agrees that Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the participant’s copyright in and to his/her Entrant Content. Each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entrant Content or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or production, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

• LIMITATION OF LIABILITY: EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE PROMOTION ENTITIES, FACEBOOK, and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs of each (collectively “Promotion Entities”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the use, acceptance, possession, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR PROMOTION-related activity, including, without limitation, any injury, damage, death, loss, OR accident to person or property. EACH WINNER AGREES THAT THe PRIZES ARE 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.

 

EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

• ADDITIONAL DISCLAIMERS: Promotion Entities are not responsible or liable for any of the following, whether caused by a Promotion Entity, the entrant, or by any other individual or entity: any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Promotion-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 Promotion-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.  Promotion Entities 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 or other account to receive messages.  Promotion Entities are not responsible, and may disqualify an entrant at any time, 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, Promotion Entities 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 Promotion activities or the Promotion Entities’ 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.

 

• GENERAL RULES: By entering the Promotion (except where prohibited by law), entrants consent to the use of their names, pictures, likenesses, voices, biographical data, and/or any information contained in their entry in advertising, promotion and marketing materials throughout the world, including on the Internet, by the Sponsor, its promotional partners and third-party marketing entities, without additional compensation, notice, review, or approval.  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 this Promotion, 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 Promotion. Participants further agree to not damage or cause interruption of the Promotion and/or prevent others from using the Promotion. 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 Promotion. 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 Promotion-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.  If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner’s name or other information or content may have been shown or announced on the Web Site or elsewhere.  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 Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Promotion, which may include, without limitation, not awarding any prizes. 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 who enters using the Application, the participant will be declared to be the registered account holder of the e-mail address of record for the account making use of the Application during the Promotion Period, 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 or she is the authorized account holder of the applicable e-mail address.  If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry and individual(s) may be deemed ineligible in Sponsor’s sole discretion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE PROMOTION VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW AND MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT.

• Disputes/Governing Law. Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Promotion Entity, claims and causes of action arising out of or connected with this Promotion, 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 an award 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 two hundred fifty dollars ($250), and entrant further waives all rights to have damages multiplied or increased.

 

This Promotion 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 State of California, without reference to its conflicts of law principles.  Any legal actions, suits or proceedings related to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in San Francisco County, California and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Promotion.

• WINNER LIST AND OFFICIAL RULES. To find out the names of the winner(s) as of the date your request is received, send a legal-size, self-addressed, stamped envelope to: The SXSW Dream Gig Contest, c/o Esurance, 650 Davis Street, San Francisco, California, 94111. Requests must be received no later than three (3) months following the end of the Phase II Period. For a copy of these Official Rules, print out these pages or send a legal-size, self-addressed, stamped envelope prior to the end of the Phase II Period to: The SXSW Dream Gig Contest, c/o Esurance, 650 Davis Street, San Francisco, California, 94111. Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.

 

• THE SPONSOR OF THIS PROMOTION IS: Esurance Insurances Services, Inc., 650 Davis St., San Francisco, CA 94111-1922.  Any questions, comments or complaints regarding the Promotion should and will be directed to Sponsor, not Facebook.