Vinyl-A-Month Giveaway 2023 Terms & Conditions

Published January 23, 2023 @ 12:01AM ET

Thank you for being interested in our “Vinyl-A-Month Giveaway 2023”. This giveaway (“Sweepstakes”) is owned and operated by Binaural Records, LLC (“Company”, “Binaural Records”) and is governed by these Official Terms and Conditions (“Terms”, “Rules”) and is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations. Each such entry period will begin at 12:01 AM [Eastern Time ("ET")] on the proscribed start date and end at 9:00 AM ET on the proscribed end date (the "Entry Period").

PLEASE READ THESE GIVEAWAY TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHT TO BRING A LAWSUIT IN COURT TO RESOLVE ANY DISPUTES ARISING HEREUNDER.

• Individuals must be at least eighteen (18) years of age to enter

1) HOW TO ENTER.

1. This sweepstake will be live on BinauralRecords.com for 37 days, then the post will be removed after the contest ends officially on March 1, 2023 at 9:00 AM ET, Winner will be announced on or before March 8, 2023 on https://deals.binauralrecords.com/vinyl-giveaway-2023-winner/.
   
   
2. During the Giveaway Entry Period, go to https://deals.binauralrecords.com/vinyl-giveaway-2023/, and complete the foregoing entry form, you automatically will be entered with one (1) entry into the Giveaway. The entry form may ask for the following information:
   1. First Name;
   2. Last Name;
   3. Email Address;
   4. Phone Number;
   5. To Join Our Email Lists.
      
      
3. Limit four (4) entries per person. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the entrant being disqualified;
   
   
4. The Company may run multiple campaigns, contests, Giveaway or other promotions simultaneously. For the avoidance of doubt, entry into one (1) campaign, contest or Giveaway does not constitute entry into any other;
   
   
5. By entering in this Giveaway, you signify and agree that your entry and any other materials submitted in connection with this Giveaway may be posted on Company’s website and/or other social media sites or applications associated with the Giveaway in a manner that is consistent with these Terms and Conditions. Upon submission of entry in this Giveaway, you agree that Company may contact you via email, by sending you a message, or naming you on Company’s social media page. You must provide all required information to be eligible to enter and win. All potential winners are subject to verification before any prize will be awarded.

2) ENTRY RESTRICTIONS.

1. Entrants may receive a entry by signing up for any of our mailing lists mailing list in connection with this Giveaway (collectively, “Submissions”) may not contain, depict or show any content that: (i) contains any personal identification, such as license plate numbers, last names (first names are permitted), e-mail addresses or street addresses for any person other than entrant, or otherwise infringes on the privacy of any person other than an entrant; (ii) communicates messages inconsistent with Company’s brand; and/or (iii) violates any law.
   
   
2. The Company reserves the right, in its sole and absolute discretion at any time and for any reason, to request an entrant to modify, edit and/or re-submit his or her post in order to ensure that the post and complies with the terms hereof, or for any other reason. If such an action is necessary at any point during or after the Giveaway, then the Company reserves the right, in its sole discretion, to take whatever action it deems necessary based on the circumstances – including, without limitation, disqualifying the entrant.

3) DRAWING.

1. The winner will be decided via a random drawing on or about March 1, 2023 between 11AM & 11PM ET by Company Administrator. Potential winner[s] will be notified by Email and must sign and return required Affidavit of Eligibility, Prize Acceptance Agreement, and Liability Release within 24 hours of the date notice is sent or such other date set by Company.
   
   
2. Failure to respond within the applicable time period will result in forfeiture of prize and Company shall have the option to award the prize to an alternate winner. All income taxes resulting from acceptance of prize are the responsibility of winner. By entering this Giveaway, entrant accepts and agrees to these Terms and Conditions and the decisions of the Administrator, which shall be final in all matters.

4) WINNERS ANNOUNCED.

Winners will be announced on https://deals.binauralrecords.com/vinyl-giveaway-2023-winner/ between 9AM & 11PM EST on March 8, 2023.

1. There will be 12 Total Vinyl Records Prizes, each valued at a total of $29.99 or less. Approximate retail value (“ARV”) or as Approximate Value (“AV”). ARV is stated in US Dollars. Company reserves the right to substitute a prize of equal or greater value. All prizes will be awarded. If the potential winner is disqualified for any reason, Company will award the applicable prize to an alternate winner from among all remaining eligible entries.

5) PRIZE CONDITIONS AND RESTRICTIONS.

Any difference between the ARV and actual retail value of any of the prizes will not be awarded to the winner. All prizes must be accepted as awarded and entrants hereby acknowledge that the prizes are awarded “as is” and Company has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prizes, including, without limitation, to the prizes’ quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by the prizes supplier(s) that are sent along with the prizes.

• The winner of the Vinyl-A-Month Giveaway can choose from any in-stock vinyl LP currently listed on BinauralRecords.com, valued at $29.99 or less. Items on backorder and pre-order vinyl records are not eligible for selection. Winner will be responsible for shipping costs incurred.

6) DISQUALIFICATIONS.

Company reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Giveaway, and/or the legitimate operation of the Giveaway; to violate the Terms and Conditions; or to act in a disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Giveaway is not capable of running as planned, Company may, in its sole discretion, void any suspect entries and (a) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Terms and Conditions; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

7) MOBILE DEVICES.

If entrant opts to receive any of Company’s messages or otherwise participate in the Giveaway via entrant’s wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates or data charges may apply. Other charges may apply (such as normal airtime, data charges and carrier charges) and may appear on entrant’s mobile phone bill or be deducted from entrant’s prepaid account balance. Wireless carriers' rate plans or data plans may vary, and entrant should contact entrant’s wireless carrier for more information on messaging rate plans and charges relating to entrant’s participation in this Giveaway. Participation in this Giveaway by mobile phone means that entrant understands that entrant may receive additional messages from Company relating to this Giveaway, including to notify entrant if entrant is a potential winner in this Giveaway, which will be subject to the charges pursuant to entrant’s carrier's rate plan. Cell phone service may not be available in all areas. Check your phone's capabilities for specific instructions.

8) RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE.

By participating in the Giveaway, entrants and winners agree to release and hold harmless Company and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Giveaway, or possession, acceptance and/or use or misuse of the prize or participation in any Giveaway-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer or cellular device, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Giveaway. Entrants and winners acknowledge that Company has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof.

9) WAIVER OF EQUITABLE RELIEF.

Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Company’s actual or alleged exploitation or use of any Content Submission or other material submitted in connection with the Giveaway, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Content Submission or any material based on or allegedly based on the Content Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

10) BINDING ARBITRATION & DISPUTES.

Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by arbitration in accordance with these terms. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Giveaway shall be resolved solely by binding arbitration before a sole arbitrator (who possesses no less than ten [10] years of experience in handling entertainment matters) under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Decatur, Georgia.

11) CHOICE OF LAW AND FORUM.

Entrant agrees that all matters arising out of or relating to this Giveaway and these Terms and Conditions are governed by, and construed in accordance with, the laws of Georgia, without giving effect to any of its conflict of laws provisions thereof. Entrant further agrees that any legal suit, action, or proceeding arising out of or relating to this Giveaway and these Terms and Conditions shall be brought exclusively in the applicable federal or state courts located in Decatur, Georgia.

12) RIGHT TO MODIFY.

Company and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation, responsibility or liability, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Terms and Conditions; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts or an entrant's failure to monitor its email account; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason, like not replying to the notification in email within 24 hours; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Company's reasonable control; (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities; or (h) any typographical or other error contained in the Terms and Conditions or other Giveaway-related materials.

1. Company reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Giveaway, or with any Website promoting the Giveaway; (b) acting in violation of the Terms and Conditions; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses or the use of any robotic or automated devices to earn fake likes.

13) THIS PRIVACY NOTICE IS EFFECTIVE: JANUARY 23, 2023

1. This contest is not affiliated with Shopify and Klaviyo or any of its parent companies or associations. Instagram is only the platform for which the contested is being hosted.
   
   
2. This Privacy Notice explains how Company (“we”, “us”, or “our”) collect, use, and share the information that you provide to us. We will collect your name, email address and telephone number to: (i) facilitate your participation in the Giveaway and/or prize fulfillment; (ii) to fulfill your requests and finalize your transactions; (iii) to comply with the law; (iv) to detect and prevent fraud. We may disclose your personal information as follows: (i) to service providers that help us operate our business; (ii) when we believe in good faith that the law requires it, pursuant to a court order, subpoena, warrant, or in response to a government inquiry; and (iii) to protect our rights, security, or safety or those of others, and to prevent unauthorized interference with our business. You may request to view, update, or correct your personal information by contacting us using the email address provided below. In order to protect your privacy, we may take steps to verify your identity before granting you access to the information or enabling you to make corrections. If you have questions about this Privacy Notice, please contact us at giveaway@binauralrecords.com.

14) WINNERS LIST.

For the names of all prize winners/name of the prize winner, available after March 10, 2023, send a self-addressed, stamped envelope to:

Binaural Records, LLC
150 E. Ponce de Leon Ave #200
Decatur, GA, 30030

///END TERMS AND CONDITIONS///

Copyright ©2023 Binaural Records, LLC. All rights reserved.