(as of 6.30.23)
GENERAL RULES: Any individual who enters, attempts to enter or in any way participates or attempts to participate in this sweepstake, Moody Center Dave Chappelle Suite Giveaway at Moody Center on Saturday, July 15, 2023 (“Sweepstake”) conducted by Austin Arena Company, LLC d/b/a Moody Center (“Moody Center”) (each such individual is hereinafter referred to as a “Participant”) agrees to be bound by the terms and conditions provided in these Official General Sweepstake Rules (“General Rules”), as well as by Moody Center’s interpretations of these General Rules and decisions which are final and binding in all matters relating to any Sweepstakes.
NO PURCHASE NECESSARY: Unless otherwise noted, no purchase is necessary to enter or win a prize. A purchase will also not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED): All Sweepstakes are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Sweepstake is void outside of the United States and where prohibited or otherwise restricted by law.
SWEEPSTAKE CANCELLATION, SUSPENSION OR MODIFICATION: Moody Center reserves the right to cancel, terminate, modify or suspend any Sweepstake if the Sweepstake is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs,” tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Sweepstake. The decision of Moody Center to cancel, terminate, modify or suspend any Sweepstake shall be final in all respects.
ELIGIBILITY:
Geographical and Age Requirements: Unless otherwise specified, each Sweepstake is open to all legal U.S. residents who are at least 18 years of age or older at time of entry and reside in the state of Texas and is void wherever prohibited or restricted by applicable federal or state laws and regulations.
Sweepstake Entity and Immediate Family Member Disqualification: The officers, directors, employees, contractors, and agents of Moody Center and any entity involved in the sponsorship, development, production, implementation and distribution of any Sweepstake as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (the “Sweepstake Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Sweepstake and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant employer’s policies regarding Participant’s eligibility to participate in Sweepstakes. Participant may be disqualified from entering into this Sweepstake or receiving prizes if Participant is participating in this Sweepstake in violation of their employer’s policies.
HOW TO ENTER:
Methods: Moody Center Dave Chappelle Suite Giveaway begins at 9am CT on Friday, June 30, 2023. The deadline to enter is 12pm CT on Friday, July 7, 2023. To enter the sweepstakes, entrant must visit the Moody Center Dave Chappelle Suite Giveaway website page at https://moodycenteratx.com/dave-chappelle-suite-giveaway/ to fill out the entry form for this Sweepstake and, unless otherwise stated, will require at a minimum the Participant’s full name, date of birth, email address, postal address, and daytime telephone number. Multiple entries does not guarantee your chances of winning and will be removed. Entrants must be the registered subscriber of the e-mail or telephone account from which the entry is made. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Moody Center will reject and delete any entry that it discovers to be false or fraudulent. Moody Center will disqualify any entry from individuals who do not meet the eligibility requirements, including requirements of U.S. citizenship and age of at least 18 years or older.
Entries Are the Sole and Exclusive Property of Moody Center: All Sweepstake entries and/or related submissions become the sole and exclusive property of Moody Center upon transmission. Sweepstake entries will not be returned and may be used by any Sweepstake Entity for any purpose whatsoever related to any Sweepstake, without additional compensation to the Participant or any other individual or entity. By checking the relevant box or selection in the registration form, entrants agree that Moody Center may contact the entrant via email or phone with information about promotional offers. If you do not wish to receive these materials do not check the relevant box in the entry form. If at any time you do not wish to receive these materials in the future, please use the unsubscribe procedures contained in the email message.
SPECIFIC ENTRY-METHOD RULES:
Electronic Mail Entries: All entries must be received electronically by Moody Center through the Moody Center Dave Chappelle Suite Giveaway website form at https://moodycenteratx.com/dave-chappelle-suite-giveaway/ by the Sweepstake deadline of 12pm CT on Friday, July 7. Unless otherwise stated, all electronic entries should include participant’s full name, date of birth, email address, postal address, and daytime telephone number. Participants must accurately complete all required fields on the Sweepstake form, or the entry will be deemed incomplete and will not qualify.
PARTICIPATION PROBLEM DISCLAIMER: Even if alleged to be caused by the sole or partial negligence of Moody Center or other Sweepstake Entity, Moody Center and the other Sweepstake Entities are not responsible for any problems which affect, or result from, participation or attempted participation in the Sweepstake. This includes, but is not limited to, the following problems:
- Incorrect, incomplete or inaccurate entry information;
- Human errors;
- Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
- Identity theft;
- Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
- Network hackers or other unauthorized access to Moody Center’s computer network;
- Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
- Printing errors;
- Equipment malfunctions; and
- Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
RELEASE OF LIABILITY AND INDEMNIFICATION: As consideration for entering a Sweepstake, all Participants agree to RELEASE, DISCHARGE, IDEMNIFY AND HOLD HARMLESS Moody Center, the other Sweepstake Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating in any manner to their participation in the Sweepstake, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Sweepstake, all Participants agree to RELEASE DISCHARGE, INDEMNIFY, HOLD HARMLESS the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating in any manner to their participation in the Sweepstake or for their failure to comply with the terms of the above release provision. This agreement to release discharge, indemnify, hold harmless applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
ODDS OF WINNING: The odds of winning any Sweepstake and/or prize will depend upon the number of Sweepstake Participants and/or the discretion of Moody Center.
PRIZES: The actual prize for this Sweepstake is one suite (16 total tickets) to Dave Chappelle at Moody Center on Saturday, July 15, 2023 valued up to seven thousand five hundred U.S. dollars ($7,500.00 USD). No transfer, assignment or substitution of a prize is permitted. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Moody Center reserves the right to substitute a prize of equal or greater value if the awarded prize is unavailable for any reason. If tickets to an event are awarded as a prize, Moody Center is not responsible for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the event not be rescheduled, or vouchers not issued. Should travel be part of the prize, Moody Center is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays. No Sweepstake Entity (i) makes any warranty, guaranty or representation or any kind concerning any prize and (ii) each Sweepstake Entity disclaims all implied warranties, including without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
TAXES: The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). A winner may be required to fill out a 1099 tax release form.
WINNER SELECTION: “One” (1) potential winner will be randomly selected per the Sweepstake criteria from all entries on Friday, July 7, 2023, and will be awarded 1 suite to Dave Chappelle at Moody Center on July 15, 2023. Moody Center will be contacting winners through their email address and phone numbers provided in the Sweepstake form. If a potential winner is unable to be notified for any reason for any amount of time determined by Moody Center, the applicable prize may be forfeited and awarded to an alternate winner.
Potential sweepstake winner(s) must execute and return any required affidavit and/or Declaration of eligibility, release of liability, publicity release and/or prize acceptance form within twenty-four (24) hours of winning or being notified of winning, or prize(s) will be forfeited, and an alternate winner may be selected. If a potential winner fails to sign and return any required affidavit and/or declaration of eligibility, release of liability, publicity release and/or prize acceptance form within the required time period, or if a prize or prize notification is returned as undeliverable, the potential winner forfeits the prize.
Winner List: For the name of the winner(s), send a self-addressed stamped envelope for receipt within 60 days following the end of the contest period to Moody Center at 2001 Robert Dedman Drive, Austin, Texas 78712 Attn: Winner List, or request it via email to info@moodycenteratx.com. Be sure to specify the name of the contest for which you are requesting the list of winner(s).
HOW TO CLAIM PRIZE:
Claiming the Prize: The Participant prize-winner must claim their prize by the deadline date prescribed by Moody Center for the Sweepstake and, unless otherwise stated, will require at a minimum the Participant’s full name, birth date, email address, postal address, and daytime telephone number.
Prerequisites to Prize Award: Prior to being awarded a prize, winners may be required to provide (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Moody Center reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification as determined in Moody Center’s sole discretion.
Winners may be required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a Publicity Release before any prize is awarded. By entering a Sweepstake, Participant agrees to execute these documents if selected as a winner to receive their prize. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
PRIZE FORFEITURE: Failure to claim prize by the deadline date and time as advertised or otherwise prescribed by Moody Center and pick up prize within this time for any reason will result in forfeiture of the prize. Moody Center reserves the right, in its sole discretion, to award unclaimed prizes to alternate Sweepstake Participants or not to award the unclaimed prizes.
ADDITIONAL COSTS: Any costs relating to the prizes are the sole responsibility of the winner.
PUBLICITY RELEASE: Unless prohibited by applicable law, Participant authorizes and irrevocably grants, without compensation, to Moody Center and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Sweepstake in publications and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Moody Center and/or the Released Parties deem proper.
DISQUALIFICATION: All participants agree to be bound by these General Rules. Non-compliance with any of these General Rules may result in disqualification and all privileges as a Participant in such case will be immediately terminated. Moody Center, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Sweepstake; (ii) gaining an unfair advantage in participating in the Sweepstake; (iii) obtaining winner status using false, fraudulent, or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
RULES CHANGES AND INTERPRETATIONS: Moody Center reserves the right in its sole discretion to supplement or make changes to these General Rules as well as the rules of any Sweepstake at any time without notice. Moody Center reserves the right in its sole discretion to interpret the rules of any Sweepstake, and such interpretation shall be binding upon all Participants.
GOVERNING LAW AND JURISDICTION: All Sweepstakes shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of laws principles. By entering the Sweepstake, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Texas and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Sweepstake.