Thursday, September 21, 2000

Contest Rules

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OFFICIAL BLUE AMERICA RULES THAT THE FEC FORCES US TO PUBLISH

PLEASE READ THESE OFFICIAL RULES BEFORE ENTERING THIS ONLINE PROMOTION (THE “PROMOTION”). BY PARTICIPATING IN THE PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS BELOW.

NO PURCHASE, PAYMENT, OR FINANCIAL CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION.

1. Eligibility. PURCHASE, PAYMENT OR FINANCIAL CONTRIBUTION WILL NOT INCREASE ODDS OF WINNING. PROMOTION VOID WHERE PROHIBITED. PROMOTION OPEN ONLY TO INDIVIDUAL UNITED STATES CITIZENS AND LAWFUL PERMANENT U.S. RESIDENTS WHO ARE LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES, THE DISTRICT OF COLUMBIA AND PUERTO RICO, AND OVER THE AGE OF 18 (OR THE AGE OF MAJORITY UNDER APPLICABLE LAW). BUSINESSES, CORPORATIONS, REGISTERED FOREIGN AGENTS, NATIONAL BANKS, FEDERAL CONTRACTORS, LABOR ORGANIZATIONS OR OTHER ENTITIES ARE NOT ELIGIBLE TO ENTER OR WIN A PRIZE, NOR MAY ANY INDIVIDUAL ENTER ON BEHALF OF ANY SUCH INDIVIDUALS OR ENTITIES. IF YOU DO NOT MEET ANY OF THESE REQUIREMENTS, OR ANY OTHER ELIGIBILITY REQUIREMENTS IN THESE OFFICIAL RULES, YOU ARE NOT ELIGIBLE TO WIN A PRIZE, AND BLUE AMERICA (“SPONSOR”) RESERVES THE RIGHT NOT TO AWARD PRIZES TO YOU. To be eligible to win the prize, entries must be completed and received by Sponsor in the format designated below. Directors, officers and employees of Sponsor and any of their respective affiliated committees, subsidiaries, agents, professional advisors, consultants, advertising and promotional agencies, and immediate families of each are not eligible to win any prizes. All applicable federal, state and local laws and regulations apply.

2. Disclaimer. Sponsor, and its related committees, candidates, affiliates, directors, officers, consultants, professional advisors, employees and agents (collectively, the “Released Parties”) will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond the control of Sponsor or by non-authorized human intervention; or (d) any printing or typographical errors in any materials associated with the Promotion.

3. Promotion Period. The Promotion starts at 1:00 p.m. Pacific Time on September 3, 2018 and ends at 9 pm (Pacific Time) on September 9, 2018 (the “Promotion Period”). All entries must be received during the Promotion Period to be eligible to win a prize.

4. Prizes. One (1) winner will receive the following prize: A Platinum Award for INSOMNIAC by Green Day.

The FEC insists on a value, so we say the value is $1,000.

5. Odds; Taxes; Etc. Odds of winning a prize depend on the number and quality of eligible entries received. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE THE SOLE RESPONSIBILITY OF WINNER. All prizes will be awarded. The prize may be forfeited and awarded to an alternative winner if (a) the winner affidavit and release materials (see Sections 10 and 11 below) are not returned as required from the potential winner and his or her guest, (b) if two (2) attempts to contact the potential winner by phone and/or e-mail are not successful, or if (c) any prize is otherwise not claimed. Prizes are not transferable. No substitutions or exchanges (including for cash) of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Limit one prize per household or address. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).

6. Identity of Entrant. In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized 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. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.

How to Enter. Participants may enter as follows: (a) Free Online Entry Method: To enter via the free online entry method, send a postcard with your name, address and telephone number to Blue America, PO Box 27201, Los Angeles, CA 90027.

(b) Contribution Method: We are asking for a donation of up to $2,700 from individuals to Kara Eastman for Congress on this website: https://secure.actblue.com/donate/insomniac/.  Contributions in any amount from corporations, labor organizations, national banks, federal contractors, and foreign nationals are prohibited. Contribute during the Promotion Period. No minimum contribution is necessary to enter. Entering via the contribution method described in this paragraph (b) will not increase your chances of winning the prize.

7. For All Entry Methods: Failure to submit all required information in the manner required in these Official Rules and/or any entry or contribution form may result in disqualification. Proof of contribution or online entry will not be deemed to be proof of receipt of entry by Sponsor. All entrants and entries are subject to verification by Sponsor. Entries will not be acknowledged or returned. By entering the Promotion, you consent to being placed on an e-mail mailing list to receive information from Sponsor and for other purposes in accordance with Sponsor’s Privacy Policy. Individuals may not enter the Promotion by any and all methods combined more than ten (10) times in any calendar day.

8. Promotion Rules. One winner will be selected by Sponsor by a random drawing from all eligible entries to be held by September 20, 2018. Winner will be notified by phone or e-mail by September 30, 2018.

9. General Release. By entering the Promotion, you release Sponsor and all Released Parties from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Promotion or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.

10. Use of Winner Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to use winner’s name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winner may be required to execute a consent to the use of his or her name, hometown, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.

11. Affidavit & Release. As a condition of being awarded any prize, winner and guest may be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability, and any other legal, regulatory, or tax-related documents required by Sponsor in its sole discretion.

12. Winner List; Rules Request. For a copy of the winner list, send a stamped, self-addressed, business-size envelope after September 30, 2018 and before December 20, 2018 to Sponsor at the address listed below, Attn: “Blue America-- Insomniac Winner List.

13. Intellectual Property Notice. The Promotion and all accompanying materials are copyright © 2018 by the Blue America PAC. All rights reserved.

14. Miscellaneous. The Promotion and these Official Rules will be governed, construed and interpreted under the laws of the State of California without regard to its or any other jurisdiction’s choice of law provisions. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Any provision of these Official Rules deemed unenforceable will be enforced to the extent permissible, and the remainder of these Official Rules will remain in effect. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any entrant’s participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper play of the Promotion, or Sponsor otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, violate any law, rule or regulation in connection with participation in the Promotion, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Sponsor, the Promotion or any other entrant (in each case as determined in Sponsor’s sole discretion) are subject to disqualification from entry into the Promotion. Sponsor reserves the right to lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Promotion. If you have any questions about these Official Rules or the Promotion, please e-mail them to blueamerica@gmail.com or send written questions to the address listed below.

15. Questions should be addressed to:
Blue America PAC, PO Box 27201, Los Angeles, CA 90027

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