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Limitation of Liability, Disputes, General Terms, Privacy, Modification or Waiver, Winner’s List/Official Rules, and Sponsor

  1. Limitation of Liability: Sponsor and their respective agencies are not responsible for lost, late, damaged, delayed, incomplete, illegible, or misdirected entries, entries not received by the entry deadline, or for electronic, network or computer failures or malfunctions, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmission that may limit a user’s ability to participate in this Contest, or other hardware, software or technical errors of any kind including any injury or damage to any person’s computer related to or resulting from participating in the Contest. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user’s Internet service provider and/or insufficient space in user’s e-mail account to receive e-mail. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) if fraud, misconduct or technical failures destroy the integrity of the Contest or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest, as determined by Sponsor, in their sole discretion. If the Contest is so cancelled, judging will be conducted from among all eligible entries received prior to the time of termination. In the event a dispute arises regarding a specific individual entitled to receive the prize, entry will be declared made by the “authorized e-mail account holder” and any damage made to the website will also be the responsibility of the authorized e-mail account holder of the e-mail address submitted at the time of entry. “Authorized e-mail 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. Entrant may be requested to provide Sponsor with proof that the entrant is the authorized e-mail account holder of the e-mail address associated with the Submission. Proof of submitting an entry will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all entries by such methods. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.
  1. Disputes: Each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any Prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in the State of California, (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Contest shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.

By entering the Contest, entrants acknowledge that they are familiar with the provisions of California Civil Code Section 1452, which provides as follows:

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

Accordingly, by entering the Contest, entrants (on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of the entrant) hereby waive and relinquish any right or benefit which entrant or such persons has, have or may have against Sponsor and their respective agencies under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules and Sponsor’s Privacy Policy.

  1. General Terms. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF THESE OFFICIAL RULES, AND MAY SUBJECT ANY PERSONS INVOLVED TO CRIMINAL AND CIVIL PROSECUTION, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW. The Contest is subject to all applicable federal, state and local laws and regulations.
  1. By entering this Contest, entrants give their express permission to be contacted by Sponsor by email. By participating in this Contest, entrants acknowledge and agree that Sponsor may collect and use the personal information submitted by entrant to administer this Contest and pursuant to Sponsor’s Privacy Policy, located at http://privacypolicy.umusic.com/terms.
  1. Modification or Waiver. Only an authorized officer of the Sponsor shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision.
  1. Winner’s List/Official Rules: The name of the winners will be posted on the Website after the winners have been verified.
  2. Sponsor: Def Jam Recordings, 1755 Broadway, New York, New York 10019.

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