The Dallas Summer Musicals “Nominate A Star” Contest
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE CHANCES OF WINNING.
Overview: The Dallas Summer Musicals “Nominate A Star” Contest (“Contest”) will provide Broadway fans with an opportunity to participate in a contest to select five local heroes. Five (5) prize winners will be chosen by a panel of judges and will receive the prize items described further below.
1. Eligibility: To participate in the Dallas Summer Musicals “Nominate A Star” Contest (the “Contest”) either as an Entrant or Nominee (as defined below), you must be a natural person who is a legal residents of the United States or the District of Columbia and at least eighteen (18) years old on the date of entry. Nominees who meet the eligibility criteria, as defined herein, shall be referred to herein as “Nominees”, and persons submitting entries shall be referred to as “Entrants”. Members of entertainment guilds or unions and employees of Contest Entities (as defined below), as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to be Entrants or Nominees. As referenced herein, Contest Entities shall include The John Gore Organization, Inc. ("Sponsor"), Dallas Summer Musicals, Inc., Dallas Center for the Performing Arts Foundation, Inc., and their related companies, parents, subsidiaries, affiliates, agents, sponsors, Prize Providers (as defined below), any and all contest judges, and any agencies or other companies involved in the development or execution of the Contest or production or distribution of Contest materials. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited, taxed or otherwise restricted. Each Entrant and Nominee is responsible for checking applicable laws in Entrant’s jurisdiction before participating in the Contest to make sure that Entrant or Nominee’s participation is legal and to ensure that Entrant and Nominee complies with all relevant laws.
In order to be eligible to win a Prize, Sponsor must also determine, at its sole discretion, that a Nominee has provided goods or performed services, whether on a paid or volunteer basis, to support and provide betterment to other individuals and their community during the COVID-19 crisis.
2. Sponsor and Prize Provider:
The John Gore Organization, Inc., 1619 Broadway, 9th Floor, New York, NY 10019 (“Sponsor” and “Prize Provider”).
3. Agreement to Official Rules: By participating in the Contest and/or receiving any Prize, each Entrant and Nominee fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. To receive a Prize, Nominee must also agree to fulfill all requirements set forth herein.
4. Timing: The Contest has two phases:
A. The nomination phase begins at 10:00 a.m. ET on November 16, 2020 and ends at 5:00 p.m. ET on November 27, 2020 (the "Nomination Phase").
B. A panel of judges designated by Sponsor will then select five (5) Potential Winners from among all eligible Nominees, and Sponsor will notify Entrants who nominated such Potential Winners on or about 5:00 p.m. ET on December 10, 2020.
C. Sponsor may announce the Winners publicly after Sponsor has verified and confirmed them pursuant to these Official Rules.
Sponsor’s clock is the official time-keeping device for the Contest. Further details on each phase of the Contest are described below.
5. How to Enter Nomination Phase: During the Nomination Phase, each Entrant must access the entry page at https://woobox.com/9thigu(the “Entry Site”) and complete a nomination by (i) providing the first name, last initial, and hometown of a Nominee; (ii) a written statement of fifty (50) words or fewer describing why their Nominee deserves to be selected as a Winner; (iii) submitting their own first name, last name, email address; (iv) checking the box next to a statement confirming that Entrant is at least eighteen (18) years old, the Nominee is at least eighteen (18) years old, and Entrant has read and agreed to the Official Rules; (v) clicking on the Submit button (each such completed nomination that Sponsor deems eligible shall be referred to herein as a “Nomination”). Entrant may submit up to five (5) Nominations during the Nomination Phase, provided that each Nomination is for a different Nominee. In the event of multiple Nominations from one Entrant, only the Nomination that receives the highest score from Sponsor’s judges will be considered and all other Nominations from that Entrant will be deemed void. Any attempt by an Entrant to (i) enter more than one (1) Nomination on the Entry Site for the same Nominee by using multiple/different email/postal addresses, telephone numbers, identities, or accounts; (ii) enter more than five (5) Nominations on the Entry Site by using multiple/different email/postal addresses, telephone numbers, identities, or accounts; (iii) submit a Nomination for themselves; and/or (iv) employ any other method employed to circumvent the letter and spirit of these Official Rules may result in disqualification of that Entrant from participation in this Contest. Sponsor will not verify receipt of entries into the Contest. By making a Nomination to Sponsor, Entrant agrees that their Nomination conforms to the Content Guidelines and Restrictions as defined below (collectively, the “Guidelines”), that Entrant is the sole and exclusive owner of the Nomination, and that Sponsor, in its sole discretion, may remove Entrant’s Nomination and disqualify Entrant from the Contest if it believes that Entrant’s Nomination fails to conform to the Guidelines.
Content Guidelines and Restrictions
By making a Nomination via the Entry Site, each Entrant further warrants and represents the following with respect to their Nomination: (a) Entrant agrees that their Nomination conforms to the Guidelines, and that Sponsor, in its sole discretion, may remove Entrant’s Nomination and disqualify Entrant from the Contest if it believes that Entrant’s Nomination fails to conform to the Guidelines, (b) Entrant is the sole and exclusive owner of the Nomination; (c) the Nomination is Entrant’s own creation; (d) the Nomination will not infringe on any rights of any third parties; (e) Entrant’s participation in Contest will not violate any agreement to which Entrant or Nominee is a party, (f) Nominee has consented to being nominated by Entrant and participating in this Contest, (g) Entrant is at least eighteen (18) years old, and (h) Nominee is at least eighteen (18) years old and has given Entrant appropriate written consent to be nominated and for the Nomination to be used as permitted herein. If others are named in the Nomination along with Nominee, only Nominee will be entered into the Contest and eligible to win a Prize.
Providing a Nomination constitutes Entrant’s agreement that such Nomination and any copyrights, trademarks, or other intellectual property therein, become the sole property of Sponsor and will not be returned. Each Entrant hereby grants, transfers, assigns, and conveys all right, title, interest, ownership, and all subsidiary rights in and to their Nomination including all copyrights therein, throughout the world, in perpetuity, to Sponsor. Accordingly, Sponsor shall have an irrevocable, unlimited, unrestricted, perpetual, right to use, reproduce, modify, publish, create derivative works from, and display such Nominations in whole or in part, on a worldwide basis, with or without identification of the Entrant or Nominee, in whatever form and in whatever circumstances Sponsor sees fit, and to incorporate it into other works, in any form, media or technology now known or later developed, for any purpose whatsoever, including for promotional or marketing purposes. Further, by participating in the Contest and/or receiving any Prize, each Entrant and Nominee consents to Sponsor doing (or omitting to do) any acts in respect of the Nomination which may otherwise constitute an infringement of the Entrant or Nominee’s moral or publicity rights, to the fullest extent permitted by law. Entrant and Winner agree to execute such further documents as may be required to give effect to the assignment set forth herein. Entrants and Nominees agree that participating in the Contest and/or receiving a Prize may affect their legal rights, including, but not limited to, each Entrant’s ability to obtain copyright registration or other intellectual property or proprietary rights with respect to the information and materials disclosed in the Nomination. Entrants agree that Sponsor has not induced any Entrant to enter the Contest, and is not responsible or liable to any Entrant for any loss of right suffered by any Entrant for entering the Contest.
Submitting a Nomination also constitutes Entrant’s agreement to refrain from distributing, publishing, displaying or selling Entrant’s Nomination, in whole or in part, except as specifically permitted under these Contest Rules without receiving prior written approval from Sponsor.
All Entrants must have a valid email address. No automated entry devices and/or programs permitted. All Nominations become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for overlooked, lost, late, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled Nominations, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Nominations are eligible. Proof of Nomination will not be deemed to be proof of receipt by Sponsor.
Each Entrant acknowledges that other Entrants may have used ideas and/or concepts in their Nomination that may be similar in idea or concept to what is included in Entrant’s Nomination. Each Entrant understands and agrees that he/she shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.
Sponsor’s decisions are final and binding in all matters relating to this Contest, including, but not limited to, interpretation and application of these Official Rules. By participating in the Contest and/or accepting a Prize, Entrants and Nominees fully and unconditionally agree to be bound by these rules and the decisions of Sponsor.
6. Entrants may not nominate themselves. Entrants may nominate as many individuals as they wish; however, each nomination must be submitted separately and each Entrant may only nominate the same individual one time. Multiple Nominations received from the same Entrant for the same Nominee will be void and only the highest scored Nomination from each Entrant will be considered as a Winner. Entries must be complete to be eligible. Providing an invalid email address, invalid personal information, or otherwise failing to abide by these Official Rules will result in Contest disqualification. Entries generated by script, macro, or other automated means will be void. Entries must be submitted and received before 5:00 p.m. ET on November 27, 2020.
7. Winner Determination:
Following the Nomination Phase, a panel of judges selected by Sponsor, in their sole discretion, will rank the best eligible Nominations based on Nominee’s contribution to their community (70%) and compelling nature of Nominee’s story (30%) and select approximately five (5) potential winners. (“Potential Winner”) The total number of Potential Winners will depend on the overall quality and quantity of Nominations. The judges will notify the Entrants who nominated Potential Winners on or about 5:00 p.m. ET on December 10, 2020. No Entrant will receive a Prize as a result of their Nominee becoming a Potential Winner or Winner.
Any attempt by an Entrant to manipulate the Entry Site to increase or decrease a Nominee’s chances of winning, such as by using bots or multiple IP addresses or other means, or any attempt to influence a judge may result in disqualification of such Entrant from participation in this Contest.
Entrants who nominated Potential Winners will be notified by Sponsor by email and/or phone on or around 5:00 p.m. ET on December 10, 2020 (the “Notification”) and will be requested to forward the Notification to Potential Winner. Potential Winner will have seventy-two (72) hours from the time and date of the Notification to (a) confirm that they have received the Notification and (b) respond to the message indicating acceptance of the Prize. Potential Winner will then be required to complete and return the Required Documents as set forth in Section 9 below in order to become a winner (“Winner”). If Potential Winner does not confirm that notification has been received, respond to the message confirming acceptance of the Prize, and return the Required Documents as described in Section 9 below, Sponsor may in its discretion select another Potential Winner who will be subject to the same requirements as above in order to be deemed the Winner.
Sponsor's decisions as to the administration and operation of the Contest and selection of each Potential Winner are final and binding in all matters related to the Contest, including, but not limited to, interpretation and application of these Official Rules. Sponsor has no obligation to distribute, publicize or otherwise release the winning Nominations or any other Nomination.
8. Odds of Winning: The odds of winning are contingent upon the number of qualified entries received by Sponsor during the Nomination Period and the results of judging.
9. Winner Requirements: Receiving a Prize (as defined below) is contingent upon Entrant and Nominee’s compliance with these Official Rules. Except where prohibited, in order to become Winner, each Potential Winner will be required to execute and return to Sponsor an affidavit of eligibility, publicity and liability release (the “Release”), and must also submit proof of identity consisting of a copy of government issued photo identification [e.g. a valid driver’s license or passport] (collectively, the “Required Documents”). Potential Winner must deliver the Required Documents to Sponsor via Facsimile or email (a facsimile number or email address will be provided by Sponsor) within five (5) business days of Sponsor sending the blank Release to Potential Winner. In Sponsor’s sole discretion, a Potential Winner will forfeit the right to claim a Prize and an alternate Potential Winner may be selected in accordance with these Official Rules from among the remaining eligible entries for that Prize if the selected Potential Winner (i) fails to verify eligibility for the Prize in the time required by these rules, (ii) fails to return Required Documents within five (5) business days after Sponsor sends the blank Release to the Potential Winner, (iii) either fails to accept the Prize or declines the Prize (or advises that they cannot accept, receive or use a Prize pursuant to the conditions prescribed herein), (iv) fails to comply with these Official Rules, or (v) if Prize is returned as undeliverable. In the event that a Potential Winner is disqualified for any reason, an alternate Potential Winner may be determined in the Sponsor’s sole discretion by selecting the Nomination with the next highest rank, as determined by the judges. Acceptance of any Prize shall constitute and signify each Winner’s agreement and consent that Sponsor may use such Winner’s name, city and state of residence, likeness, statements and/or Prize information in connection with the Contest, worldwide, in any media now known or hereafter developed, including the Internet, in perpetuity, without limitation and without further payment or consideration, except where prohibited by law. The Winner may also be required to participate in public relations activities as requested by Sponsor. Without limiting the generality of these Official Rules, Winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Nomination and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity, including without limitation the rights to use the Nomination for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity and Winner shall also waive all moral rights in the Nomination. Winner agrees to execute such further documents as may be required to give effect to such assignment. Winner accepts and acknowledges that Sponsor shall not be obligated to use the Nomination and that Sponsor in its sole discretion shall have the right to refrain from using the Nomination. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Winner will indemnify Sponsor and all other Released Parties (as defined in Section 11, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Winner agrees that nothing in these Official Rules grants Winner a right or license to use Sponsor’s name or any Sponsor trademark or service mark.
Five (5) prizes will be awarded, each comprising four (4) tickets to a Dallas Summer Musicals show in Dallas, Texas, to be selected by Sponsor, upon the return of Dallas Summer Musicals theatrical programming to the Music Hall at Fair Park in Dallas, Texas (each, a “Prize”).
Approximate Retail Value (“ARV”) of each Prize is $300 and the ARV of all Prizes is $1,500. All amounts are in U.S. Dollars. Actual retail value may vary. Winner will not receive difference between approximate and actual retail value NO PRIZE SUBSTITUTION WHATSOEVER BY POTENTIAL WINNER. Sponsor reserves the right to substitute any portion of the Prize with a prize of equal or greater value. The value of a Prize is taxable in the United States as ordinary income to the Winner who is solely responsible for the payment of all taxes levied, including, but not limited to federal, state and local income and/or gift taxes. In the event it is deemed during the verification process that a Potential Winner does not have a unique, personal and valid social security number, or has otherwise failed to fulfill any conditions or requirements under these Official Rules, such Potential Winner will be disqualified and will forfeit the Prize, and the Nominee whose Nomination received the next highest rank, as determined by the Sponsor designated judges, will be selected as an alternate Potential Winner. All unspecified meals, gratuities, and any other unspecified costs and expenses associated with the acceptance or use of the Prize are the sole responsibility of Winner. Any unclaimed prizes will not be awarded.
11. Release: By participating in the Contest and/or receiving any Prize, each Entrant and Nominee agrees to release, indemnify and hold harmless Contest Entities, the producers of any show for which tickets are awarded, and each of their related companies, parents, subsidiaries, affiliates, agents, and each of their respective subsidiaries, affiliates, representatives, licensees, designees, successors, assigns, suppliers, distributors, advertising/promotion agencies, and prize suppliers, sponsors, and each of their respective parent companies and each such company’s officers, directors, producers, actors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or any Contest-related activity or receipt, possession or use or misuse of any prize and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action and/or merchandise delivery. Sponsor is not responsible if Contest cannot take place or if any Prizes cannot be awarded for any reason, including but not limited to, by reason of receiving no Nominations which comply with the Official Rules, receiving the required approvals described in Paragraph 6 and 7 above, or due to cancellations, delays or interruptions due to acts of God, acts of war, diseases, natural disasters, weather, acts of terrorism or any other cause outside Sponsor’s reasonable control. Entrants or Nominees who do not comply with these Official Rules, or attempt to interfere with this Contest in any way, shall be disqualified.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any virus, bugs, non-authorized human intervention, fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process, the judging process, or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor may prohibit an Entrant or Nominee from participating in the Contest or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
13. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) lost or unavailable network connections, website, Internet or ISP availability, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to Entrants’ or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest; (4) unauthorized human intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt, possession or useor misuse of any prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any typographical/other error in entries, selection announcement or for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with this Contest. If for any reason an Entrant's Nomination is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Nomination in the Contest, if it is possible. If the Contest, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
14. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: By PARTICIPATING IN this Contest and/or receiving any prize, Entrants and nominees agree that except where prohibited: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York; (2) any and all claims, judgments and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering OR OTHERWISE PARTICIPATING IN this Contest, but in no event attorneys’ fees; and (3) under no circumstances will Entrant or nominee be permitted to obtain awards for, and Entrant and nominee hereby waives all rights to claim, indirect, 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. Entrant and nominee hereby waives any rights or claims to attorneys’ fees, indirect, special, punitive, incidental or consequential damages of Entrants, whether foreseeable or not and whether based on negligence or otherwise arising out of Entrant or Nominee’s access to and use of the service and/or the Contest, and downloading from and/or printing material downloaded from any websites associated with the Contest. Without limiting the foregoing, this Contest, and all prizes are provided “as is” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to Entrant or nominee. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
15.CHOICE OF LAW AND DISPUTE RESOLUTION: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Nominee, Sponsor, or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York. The parties hereby consent to exclusive jurisdiction and venue of the courts located in New York, New York in any action to enforce (or otherwise relating to) these Official Rules or relating to this Contest.
17. Rules: You may also obtain a copy of these Official Rules by mailing a self-addressed stamped (business size) envelope to Dallas Summer Musicals “Nominate A Star” Contest Official Rules, 1619 Broadway, 9th Floor, New York, NY 10019 (except that residents of Maine, Vermont and Tennessee may omit return postage). A request for these Official Rules must be received by Sponsor on or before 5:00 p.m. ET on November 30, 2020 at 10:00 a.m. ET. This offer shall not be published without permission of the Sponsor.
18. Winner List: For a Winner list, send a self-addressed, stamped (business size) envelope to: Dallas Summer Musicals “Nominate A Star” Contest Official Rules, 1619 Broadway, 9th Floor, New York, NY 10019. A request for the Winner List must be received by Sponsor on or before 5:00 p.m. ET on January 11, 2021 at 10:00 a.m. ET.
19. Intellectual Property: All other trademarks or service marks used herein are the property of their respective owners.
© 2020 The John Gore Organization, Inc.