You must be 18 years of age or older and a U.S. resident at the time you enter the sweepstakes. I have read the Official Rules of the “2018 GRAMMY Awards & Star-Studded Pre-GRAMMY Gala Sweepstakes” (the “Sweepstakes”). I understand that the Sweepstakes is being conducted by The Children’s Hospital Corporation doing business as Boston Children’s Hospital (“BCH”), 300 Longwood Avenue, Boston MA, 02115, and that by completing the online form and typing my electronic signature (which is equivalent to my written signature) on the following page that I am (a) affixing my electronic signature to the entry form (b) certifying that I have read and agree to the Official Rules of this Sweepstakes, and (c) upon acceptance of my entry form, my electronic signature will also be electronically affixed to my Sweepstakes entry as may be required in certain circumstances by the Commonwealth of Massachusetts. VOID WHERE PROHIBITED BY LAW.
The following are the official rules (“Official Rules”) of the Sweepstakes.
- Eligibility: Eligible individuals who are residents of the United States (except those states where the Sweepstakes is prohibited by law) and at least eighteen (18) years of age at the time of entry may enter the Sweepstakes by completing the online form via the paid opportunity to win link or the free opportunity to win link. Anyone deemed by BCH, in its sole discretion, to be in the position to create even a perception of having an undue influence on the results of the Sweepstakes, whether or not any such undue influence actually exists, is not eligible to participate and win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations and is void where prohibited or restricted by law, rule or regulation.
- Conduct of Sweepstakes: The entrant acknowledges and agrees: (a) that this Sweepstakes is being conducted exclusively by BCH in the Commonwealth of Massachusetts, and (b) that any donation of prizes, or efforts to advertise the Sweepstakes is done so on a voluntary basis and does not in any way, and cannot be construed in any way to, suggest that any group other than BCH is conducting this Sweepstakes.
- Odds of Winning: The odds of winning the Prize depends upon the total number of valid entries received. There is no limit on the total number of entries that will be permitted for this Sweepstakes.
- Taxes: The Internal Revenue Service takes the position that no portion of the cost associated with any paid opportunity to win the Sweepstakes will qualify as a charitable contribution for income tax purposes. Moreover, the Internal Revenue Service and the Massachusetts Department of Revenue, the jurisdiction in which this Sweepstakes is being conducted, treats the value of prizes won in a Sweepstakes as ordinary income for tax purposes. All taxes that may be due are the sole responsibility of the winner. Please consult with your tax advisor to determine what your personal tax liability would be should you win the Sweepstakes.
- Binding Nature of Official Rules: Entrant acknowledges that he/she has read the Official Rules of this Sweepstakes, and agrees that by submitting the entry form to BCH, he/she will be contractually bound by the Official Rules of this Sweepstakes. Furthermore, the entrant also acknowledges and agrees that by clicking the “I Agree” box on the entry form and by entering his/her electronic signature on the entry form and submitting the entry form to BCH, that the entrant will have affixed his/her electronic signature to the entry form, certifying that he/she has read the “Official Rules” of this Sweepstakes, and that he/she agrees to be bound by them.
- Entry Processing: Each entrant entering through the free opportunity to win link acknowledges and agrees that the entrant will be entered and eligible to win the Sweepstakes upon BCH’s receipt of the properly completed entry form. Each entrant entering through the paid opportunity to win link acknowledges and agrees to the following: (a) that by submitting his/her entry form, the entrant is making an offer to purchase entries to the Sweepstakes from BCH; (b) that BCH’s receipt of the entrant’s entry does not constitute BCH’s acceptance of the entrant’s entry; (c) that upon BCH’s receipt of the entrant’s entry, BCH will send the entrant’s credit card information, via a secure router, to the entrant’s credit card provider, or a secure third party that provides verification services for the credit card provider, and await confirmation that the transaction has been authorized by the entrant’s credit card provider; (d) that upon receipt of a credit authorization code, BCH will have received payment for such entry(/ies) and will accept the entrant’s entry(/ies), at which time the entrant will be entered and eligible to win the Sweepstakes. Once the entrant’s payment has been accepted by BCH, such payment is final, and the entrant cannot receive a refund or exchange.
- Selection of Winner: A potential winner (the “Potential Winner”) of the Prize (as defined below) shall be selected on January 23, 2018 at approximately 12pm Boston time (the “Drawing Date”). The Potential Winner will be selected by a representative or delegate of BCH through a random drawing from all completed valid Sweepstakes entries. Each completed valid entry has an equal chance of winning. The entrant does not need to be present at the drawing to win. BCH, or its delegate, will notify the Potential Winner by telephone using the phone number provided at the time of entry. BCH shall have the sole discretion to determine whether a Potential Winner is the official winner of the Prize (the “Official Winner”). BCH’s decision concerning the identity of the Official Winner shall be final and binding. To become the Official Winner, the Potential Winner must: (a) be eligible to participate in the Sweepstakes under these Official Rules, (b) not be in violation of these Official Rules as determined in BCH’s sole judgement, (c) be able to receive phone call notification of status as Potential Winner made to the phone number provided at time of entry (“Potential Winner Notification”), (d) within twenty four hours following Potential Winner Notification, execute and deliver to BCH an Affidavit of Eligibility and Liability/Publicity Release, and (e) within twenty four hours following Potential Winner Notification, execute and deliver to BCH all tax identification information required by federal, state or local law, including, without limitation, an Internal Revenue Service form W-9, and, where applicable, provide BCH with payment for any required withholding taxes due prior to that Potential Winner’s receipt of the Prize. If for any reason whatsoever all of the foregoing requirements are not satisfied with respect to a particular Potential Winner, or if BCH or its delegate is unable to contact a Potential Winner at the phone number provided at the time of entry (whether due to failure of phone service, error in data entry, or otherwise), such Potential Winner shall be disqualified and ineligible to win the Prize. BCH shall post the name of the Official Winner on the Sweepstakes website.
- Prize Information: The Sweepstakes shall award to the Official Winner one prize that consists of the following: (a) two (2) tickets to the Clive Davis and the Recording Academy’s annual Pre-GRAMMY Gala on Saturday, January 27, 2018, in NYC, (b) two (2) tickets to the 60th Annual GRAMMY Awards Show on Sunday, January 28, 2018, at Madison Square Garden in NYC, (c) two (2) roundtrip airline tickets on Delta Airlines to New York City from anywhere in the continental United States, and (d) accommodations for two (2) people for the nights of January 27 and 28, 2018, at the Sheraton New York Times Square Hotel (collectively, the “Prize”). Once the Official Winner is named, BCH, at no additional charge, will coordinate the process of claiming prize items and the delivery of prize items to the Official Winner. All tickets and other prize items are on an “if used” basis and will be forfeited, with no compensation to the Official Winner, if they are not used by the Official Winner. The Fair Market Value of the Prize is $ 4,400.
- Prize Transfer Restrictions: Official Winner may not give, sell, transfer, assign, or substitute, or redeem for cash, any of the prize items without the prior express written consent of BCH.
- Winners Release: Entrant agrees that if he or she is selected as the Potential Winner, regardless of whether or not he/she is qualified as the Official Winner, that BCH, its parents, affiliates, partners, and advertising and promotion agencies, and all of their respective officers, directors, employees, representatives, and agents(the “Released Parties”), (a) shall have the right and permission to use (unless prohibited by law) entrant’s name, voice, address (city and state of residence), photograph and/or other likeness for advertising, promotional and/or trade and/or any other purpose in any and all media or format now known or hereafter devised throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification to entrants or any third parties; and (b) shall have no liability whatsoever for and shall be held harmless against any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of participation in the Sweepstakes or the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto) and/or BCH will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural or man-made disaster outside their control that may cause the cancellation or postponement of any game(s), event(s), or exhibition(s), or travel and/or lodging provisions, if applicable, or the inability of BCH to deliver any or all of the prize items.
- Additional Documentation and Releases: The entrant acknowledges and agrees that in addition to any and all documents required by BCH to qualify the Potential Winner as the Official Winner, and for the Official Winner to claim his/her prize items, prize sponsors, and/or other prize providers may also require that additional waivers and releases be executed by the Official Winner and the his/her guest(s) (if any), prior to providing prize items. In the event that any additional documentation is required, the Official Winner and his/her guest(s) (if any) must complete any and all necessary documents, the necessity of which is at the sole discretion of BCH, the earlier of, in time to utilize any prize items that are scheduled events or within 2 days following notification, as determined by BCH. These documents may include, but are not limited to, any and all documents necessary to complete a CORI or other background check. Failure to comply with any of these requirements may result in disqualification and the selection of an alternate winner if time permits. Moreover, Official Winner and his/her guest(s) (if any) agree to comply with the terms and conditions specified upon any game, event or exhibition ticket, airline or other travel provider’s tickets, or any other ticket issued to the Official Winner and his/her guest(s) (if any) in conjunction with this Sweepstakes. The Official Winner and his/her guest(s) (if any) also agree to comply with the rules and regulations of any and all stadiums or other public or private venues, including any lodging facility(s), that they attend as a result of winning the Sweepstakes and to not act in an unsportsmanlike or disruptive manner, or with any intent to annoy, abuse, threaten or harass any other person, including employees, at any such game(s), event(s), exhibition(s), or lodging facility(s). BCH, and the applicable management of any such stadium, venue, or lodging facility, reserve the right to remove or to deny entry to the Official Winner and/or any guest(s) (if any) who act(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person, including employees, at any game(s), event(s) or exhibition(s) or lodging facility(s) (and no additional compensation or substitution will be awarded to the Official Winner).
- Travel & Lodging Restrictions: If any Prize includes air transportation, BCH, in its sole discretion, reserves the right to provide ground transportation in lieu of air transportation if the Official Winner and/or his/her guests reside within one-hundred (100) miles of the city in which a game, event, or exhibition included in such Prize will be held (and no additional compensation or substitution will be awarded for any difference in prize value). Moreover, if the Prize includes travel and/or accommodations, the Official Winner and his/her guest(s) (if any), must depart and return on the dates and times specified by BCH and Official Winner and guest(s) (if any) must arrive and depart from any lodging facility on the dates and times specified by BCH (dates and times of departure and return, and accommodations, are subject to change). Official Winner and guest(s) (if any) must possess all required travel documents (e.g. valid photo ID, passport, visa, etc.) prior to departure. Airline ticket(s), travel allowances, and/or any other transportation provided for in the Prize (if applicable) are provided to the Official Winner and their guest(s) (if any) on an if-needed, if-used basis, and no additional compensation or substitution will be awarded for difference in prize value if any such travel related prize item is not needed or used. The entrant acknowledges and agrees that flight dates, times and availability are beyond the control of BCH and the Released Parties. The terms and conditions (as determined by the applicable airline) of airline tickets (if any) awarded as part of the Prize will govern in the event a flight does not occur due to weather, an Act of God, an act of terrorism, civil disturbance or for any other reason. The Official Winner and his/her guest(s) (if any) agree to comply with all airline regulations at all times. Released Parties will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any scheduled flight. All travel and accommodations details (if any) will be determined by BCH at its sole discretion.
- Alternate Prizes: BCH reserves the right to substitute prizes for other prizes, of equal or greater value, the relative value of such prizes being determined by BCH in its sole discretion. Moreover, the entrant acknowledges and agrees that the Prize contains certain prize items that cannot be duplicated or replaced. Therefore, the entrant agrees that should, for whatever reason, and either before or after the Entry Deadline or the Drawing Date, all or part of the Prize becomes, at the sole discretion of BCH, unavailable or withdrawn, and substitute prizes cannot be found, that BCH may, in its sole discretion, replace the Prize in whole or in part with a cash prize equal to, if in whole, the Fair Market Value, as defined in the Official Rules, of the Prize or, if in part, the Fair Market Value, as determined by BCH, in its sole discretion, of the part of the Prize that BCH, in its sole discretion, has determined to be unavailable.
- Disqualified Winner: If BCH, in its sole determination, disqualifies a Potential Winner, such Potential Winner will not be entitled to any refund of any kind. If the Potential Winner is disqualified for any reason, BCH shall select an alternate Potential Winner through a random drawing of all remaining eligible entries. If, in BCH’s sole determination, no Potential Winner satisfies the requirements to be named an Official Winner in time to claim and utilize the Prize, in part or in whole, BCH may, in its sole discretion, replace all or a portion of the prize items with other prize items of similar or greater value, or with a cash payment. In no event, will any such cash payment exceed the Fair Market Value of the Prize.
- Administration of Sweepstakes: The entrant acknowledges and agrees that decisions made by BCH will be final and binding on all matters relating to this Sweepstakes. The Released Parties are not responsible for: (a) entries or payments that are delayed, misdirected, undelivered, not fully captured, or garbled as a result of any failure or problem whatsoever with the availability, functionality, operability or use of any network, server, ISP, website, computer, telephone, cable or satellite modem or connection, hand held mobile device or any other computer equipment or connection, whether or not caused by site users, tampering, hacking, or by viruses, worms, or malfunctions affecting a network, server ISP or any equipment or programming used in or associated with the Sweepstakes, or (b) any other errors of any kind, whether human, typographical, printing, mechanical, or electronic in nature, which relate to or are connected with the Sweepstakes (collectively, as described in clauses (a) and (b), “Errors”), including without limitation Errors in Sweepstakes-related materials or in the administration of the Sweepstakes, such as Errors in processing entries, identifying Potential Winners, determining Official Winners, or announcing or delivering Prizes. If any portion of the Sweepstakes is compromised, in BCH’s sole judgment, by a virus, worm, bug, non-authorized human intervention or other causes which, in BCH’s sole judgment, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes, or the proper submission or capture of entries (collectively, a “Compromising Event”), then BCH reserves the right, in its sole discretion, to suspend, modify or terminate the Sweepstakes, and to select winners from all eligible, non-suspect entries received before the known occurrence or discovery of such Comprising Event. BCH reserves the right, in its sole discretion, to disqualify any person and void all associated entries of any person, without any reimbursement of any kind to any such person, who it believes has tampered with the entry process, or any other component of this Sweepstakes, or whose conduct or actions affect the administration, integrity, security, fairness or proper conduct of this Sweepstakes, or who is in violation of these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES IN ANY WAY, OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS SWEEPSTAKES, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BCH AND/OR THEIR RESPECTIVE AGENTS WILL DISQUALIFY ANY SUCH ENTRANT AND RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND/OR OTHER REMEDIES FROM ANY SUCH PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMISSIBLE BY LAW. In the event an Official Winner is not selected and BCH cancels the Sweepstakes because of any of the foregoing reasons, BCH, in its sole discretion, may refund the entrants their money for their Sweepstakes entries, or if BCH, in its sole discretion, determines such refunds to be impossible, or too expensive to process, BCH may then announce, such announcement being fulfilled by posting any such announcement on the BCH website, that the Sweepstakes is null and void and that any and all entry purchases for this Sweepstakes have been reclassified as donations to BCH. If BCH declares that any such Sweepstakes entry costs are now donations, they will then become tax deductible, as charitable contributions, to the fullest extent allowed by law.
- Arbitration: As a condition of participating in this Sweepstakes, entrant agrees that (a) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association before an arbitrator appointed by the Boston, Massachusetts office of the American Arbitration Association. Such arbitration shall be held and conducted in Boston, Massachusetts, and the costs of any such arbitration shall be shared equally by both parties. However, notwithstanding the foregoing, each party shall bear its own costs of representation. The arbitrator shall have the authority to interpret these Official Rules in accordance with the laws of the Commonwealth of Massachusetts and to enter his decision. Moreover, in no event shall the arbitrator have any authority to consider issues or allegations under M.G.L. c.93A, such claims being deemed waived by entrant. Furthermore, pursuant to the provisions of M.G.L. c.251 §11, either party may apply to the Superior Court of Massachusetts to confirm the arbitrator’s decision and enter a judgment in favor of the prevailing party. Under no circumstances will the entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with the entrant’s Sweepstakes entry), and entrant waives all rights to have damages multiplied or increased. In the event that the entrant prevails in any such arbitration, his/her damages shall be limited to the actual amount that he/she paid for his/her entries for the Sweepstakes.
- Jurisdiction: The entrant acknowledges and agrees that this Sweepstakes is being conducted exclusively in the Commonwealth of Massachusetts and that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, BCH, and the Released Parties, in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the Commonwealth of Massachusetts, USA. The entrant and BCH hereby agree and confirm that all the elements of the contract created by and between these parties by these Official Rules and each party’s obligations pursuant to this contract, have been formed and will be fulfilled and discharged solely within the jurisdiction of the Commonwealth of Massachusetts.
- No Purchase Necessary: No purchase is necessary to enter the Sweepstakes. Each completed valid entry shall have the same chances of winning.
- Warning: Depositing a Sweepstakes entry or other material in connection with the Sweepstakes in the federal mails may be a violation of federal law and may lead to criminal penalties.