THE IRVING BERLIN MUSIC COMPANY: 2021 #25DAYSOFWHITECHRISTMAS GIVEAWAY
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW. MANY WILL ENTER, FEW WILL WIN. GENERAL RULES BELOW:
1. Promotion Period: The Irving Berlin Music Company: 2021 #25DaysOfWhiteChristmas GIVEAWAY (the “Sweepstakes”) begins at 12:00AM Eastern Time (“ET”) Friday, December 3, 2021, and ends at 11:59PM ET, Friday, December 31, 2021 (the “Promotion Period”). Sponsor’s (defined below) clock is the official timekeeper of the Sweepstakes.
2. Eligibility: No purchase necessary, void where prohibited. Open to legal residents of the continental United States who are eighteen (18) years old or older at the commencement of the Promotion Period and those who are the parent or legal guardian of a child who is thirteen (13) years or older at the commencement of the Promotion Period (hereinafter collectively “Entrants”). To participate in the Sweepstakes, Entrants must have an active account on Instagram.com (free to create via Instagram.com), Twitter.com (free to create via Twitter.com), or TikTok.com (free to create via TikTok.com). Employees of Concord (“Sponsor”) and its advertising and promotion agencies, affiliates, parent companies, subsidiaries, and members of their respective immediate families (spouses, parents, children, and siblings and their spouses) and/or those living in the same household of each are not eligible. All applicable federal, state, and local laws, taxes and regulations apply.
3. How to Enter: During the Promotion Period, enter the Sweepstakes by (a) creating an original video of at least fifteen (15) seconds in length of you singing, lip syncing, or otherwise performing to the Irving Berlin song “White Christmas” (“Video”) (b) share the Video in-feed (i.e., not to your Instagram Stories etc.) via your Instagram, Twitter or TikTok account (a “Post) and (c) use the hashtags #25DaysOfWhiteChristmas and #IrvingBerlin in your Post. Video may include additional third-party participants (e.g., friends, family members), however Entrant shall be solely responsible for obtaining all applicable permissions from any third-party featured in Video. Each Post on each respective platform with a unique Video shall constitute an entry in the Sweepstakes. You may enter one (1) time per day (24 hours) during the Promotion Period. Entrant’s name will be removed from participation (and entrant will be disqualified from winning) at the request of a parent/legal guardian or if Sponsor has any reason to believe entrant is under the age of 13 or has entered without parent/guardian permission.
4. Selection of Winners: Five (5) Winners (“Winners”) will be selected from eligible entries received during the Promotion Period. A random drawing will be conducted on or about Tuesday, January 4, 2022, by Sponsor to select the Winner[s] from among all eligible entries received. Odds of winning depend on the number of entries received. Potential Winner[s] will be notified by Instagram Direct Message, Twitter Direct Message, or TikTok comment on the entry post (depending on the platform of entry), and shall be subject to the General Rules (as defined below). All income taxes resulting from acceptance of prize are the responsibility of Winner. By entering this Sweepstakes, Entrant accepts and agrees to these official rules and the decisions of the Sponsor, which shall be final in all matters.]
5. Prize (“Prize (s)”):
Five (5) Winners will each receive:
• One (1) White Christmas DVD (MSRP: $9.99)
• One (1) White Christmas Sticker Set (MSRP: $10.75)
• One (1) Package of White Christmas Ornaments (MSRP: $50.00)
• One (1) White Christmas Mug (MSRP: $14.00)
• One (1) White Christmas Blanket (MSRP: $44.00)
• Total MSRP of Prize: $148.69
The Prize will be delivered to the Winner via mail at the address provided by Winner in the Prize Confirmation Form (as defined below). Sponsor reserves the right to substitute prize for a prize of equal or greater value.
6. General Rules (“General Rules”): Entrance into the Sweepstakes is voluntary. Upon selection as a Winner, you will be asked to provide Sponsor with your full name, email address and/or other contract information. Sponsor will email winner a “Prize Confirmation Form.” Prize Confirmation Form must be completed and emailed to Sponsor within seven (7) days of notification attempt or the Prize will be forfeited and an alternate winner may be selected. All material submitted becomes the sole property of Sponsor and will not be returned. Acceptance of a Prize constitutes permission to Sponsor to use the applicable Winner’s (and/or the child of the applicable Winner) name, biographical information, pictures/portraits, likeness and/or voice, as the same may be provided by Winner to Sponsor, for purposes of advertising and trade without further compensation or additional notice, unless prohibited by law. By participating in this Sweepstakes, Entrant agrees to be bound by these General Rules and the respective decisions of Sponsor. Sponsor is not responsible for technical hardware/software failures of any kind, lost/unavailable network connections, or failed/incomplete, garbled or delayed computer transmission, which may limit a user’s/Entrant’s ability to participate in the Sweepstakes. Sponsor reserves the right to cancel, suspend, and or modify the Sweepstakes at will. Additionally, Sponsor reserves the right to cancel, modify or disqualify entrant if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes as determined solely by Sponsor. Sponsor is not responsible for any typographical/other error in printing of Sweepstakes administration/Prize announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Sweepstakes. Sponsor is not responsible for any taxes, fees and/or any other costs with respect to the Prizes awarded (if applicable). WINNER ASSUMES ALL LIABILITY IN AND IN CONNECTION WITH WINNER’S USE AND ACCEPTANCE OF THE PRIZE. EACH ENTRANT, INCLUDING THE WINNER, AGREES TO INDEMNIFY, DEFEND AND HOLD SPONSOR, ITS PARENTS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS HARMLESS AGAINST ANY AND ALL CLAIMS AND LIABILITY ARISING OUT OF PARTICIPATION IN THE SWEEPSTAKES AND ACCEPTANCE AND USE OF THE PRIZE, INCLUDING WITHOUT LIMITATION, DAMAGE TO PROPERTY, PERSONAL INJURY AND DEATH. By entering the Sweepstakes, each Entrant releases (a) the Sponsor and its agents and (b) Instagram, from any and all liability or claims resulting from participation in the Sweepstakes.
7. Participant Agreement: Terms and conditions for content providers to The Irving Berlin Music Company for the #25DaysOfWhiteChristmas giveaway can be found at https://irvingberlin.com/celebrate-white-christmas. By replying to The Irving Berlin Music Company’s request to participate in the Sweepstakes through your use of the hashtag #25DaysOfWhiteChristmas on Instagram, Twitter and TikTok, you agree to all of the following terms and conditions:
Rights: You agree to grant any and all rights to your name, username, and image (collectively "Name") and user-generated content (“Content”) in the form of original photography, artwork, video or text.
Non-Confidentiality: You understand and agree that your Name and Content will be publicly displayed, and that such information shall not be treated as nor deemed confidential. By replying to The Irving Berlin Music Company’s request to participate and using the hashtag #25DaysOfWhiteChristmas, you grant The Irving Berlin Music Company the unlimited, worldwide right to use and share your Name and Content on its website, https://www.irvingberlin.com; in all of its social media channels (e.g., Facebook, Twitter, Instagram, YouTube and Pinterest); in its printed marketing material and digital ads; and other promotional materials of any kind or type.
User Generated Content: You hereby grant The Irving Berlin Music Company a perpetual, transferable, sub-licenseable, non-exclusive, worldwide license to (a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly perform, publicly broadcast and publicly display your Name and Content (or any modification thereto) in whole or in part, in any format or medium now known or later developed, and (b) use (and permit others to use) your Name and Content in any manner and for any purpose, including without limitation: marketing, advertising, commercial or promotional purposes at The Irving Berlin Music Company’s sole discretion. For the avoidance of doubt, The Irving Berlin Music Company shall have no affirmative obligation to use the Name and Content, as authorized in this Agreement. You agree that you are solely responsible for your Content. The Irving Berlin Music Company shall not be required to host, display, or otherwise distribute any Content on or through its websites or on any social media platform. The Irving Berlin Music Company may remove Content at any time, without prior notice, or reject Content for any or no reason. The Irving Berlin Music Company shall not be responsible for any loss, theft, misuse or damage of any kind to your Content.
Representation and Warranties: By replying to The Irving Berlin Music Company’s request to participate in the Sweepstakes with the hashtag #25DaysOfWhiteChristmas, you represent and warrant that:
Except to the extent that the Content includes the Irving Berlin song “White Christmas,” you own all rights in and to your Name and Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Content (if any), and/or you have acquired all necessary rights to the elements appearing in your Content to enable you to grant all the rights to The Irving Berlin Music Company as described herein.
Except to the extent your Content includes the Berlin Content, your Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity.
ou agree to release and allow all creative license and creative treatment in the use and production of your Content without prior notice at the sole discretion of The Irving Berlin Music Company.
You voluntarily agree to waive all “moral rights” that you may have to your Content.
Any information contained in your Content is not known to or reasonably believed by you to be false, inaccurate or misleading.
Your Content does not violate any law.
You were not and will not be compensated or granted any consideration by any third party for submitting your Content.
You have not been and will not be compensated or granted any consideration in any way by The Irving Berlin Music Company for the use of your Name or Content.
Your Content does not incorporate materials from a third-party website, copyright-protected materials (other than the Berlin Content), or personally identifiable information of anyone other than yourself.
Your Content does not reflect negatively in any way upon Irving Berlin or the marketing, advertising, commercial or promotional efforts of The Irving Berlin Music Company.
Release: You irrevocably release and forever discharge The Irving Berlin Music Company and its agents, directors, officers, affiliated entities, employees, contractors and third party providers (“Released Parties”) from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter may have against any of the Released Parties, or their respective successors or assigns, arising out of or related in any way to use of your Name, Content or anything contained therein.
Indemnification: You agree to indemnify, defend and hold harmless The Irving Berlin Music Company, and its agents, directors, officers, affiliated entities, employees, contractors and third-party providers (“Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorney’s fees) that any of the Indemnified Parties may incur arising out of or related to the Name, Content or your breach of these terms and conditions. The Irving Berlin Music Company reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with The Irving Berlin Music Company’s defense of such claims at your own expense.
Takedown: In the event you wish to have your Content removed from The Irving Berlin Music Company’s website, please contact info@IrvingBerlin.com. The Irving Berlin Music Company will make every commercial reasonable effort to remove your Content as soon as possible, however The Irving Berlin Music Company reserves the right to deny such request. Please be aware that not all content is capable of being completely or permanently removed.
8. Governing Law/Disputes: Any and all disputes will be resolved in the appropriate New York County courts in the state of New York in the United States, exclusively, and subject to the laws of the state of New York. Should there be any conflict between the laws of New York and any other laws, the conflict will be resolved in favor of the laws of the state of New York. Further, in any such dispute, under no circumstances will any participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorney's fees, other than participant's actual out-of-pocket expenses that are specifically associated with the Sweepstakes and participant further waives all rights to have damages multiplied or increased.
9. Privacy: By entering the Sweepstakes, you agree to Sponsor’s use of your personal information as described in the Sponsor’s Privacy Policy. Visit https://concord.com/privacy-policy/ to read Sponsor’s Privacy Policy.
10. Sponsor: The Irving Berlin Music Company and The Rodgers & Hammerstein Organization: A Concord Company, 250 West 57th Street, 6th Floor, New York, NY 10107. ATTN: Business & Legal Affairs. Entrants and Sponsor acknowledge and agree that the Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram, Twitter or TikTok.
11. Winners List: To receive a list of winners once the contest is over, please mail a pre-paid, self-addressed envelope to the Sponsor’s address as listed above.
12. Modifications to these Terms and Conditions: The Irving Berlin Music Company may, at its sole discretion, change these Terms and Conditions at any time. Any changes will be posted on https://www.irvingberlin.com/celebrate-white-christmas and will be effective upon posting unless another effective date is specified.