2016 The Head And The Heart Giveaway Official Sweepstakes Rules



Shaky Festivals Holdings, LLC (the “Sponsor”) is sponsoring the My Morning Jacket Giveaway (the “Sweepstakes”) in conjunction with the 2016 Shaky Knees Music Festival (the “Festival”) scheduled to be held on May 13-15, 2016 at Centennial Olympic Park in Atlanta, GA (the “Venue”).

Participation in the Sweepstakes is subject to the following official Sweepstakes rules (the “Rules”):


This Sweepstakes begins on Monday April 18, 2016 at 11:00AM ET and ends on Friday, April 22, 2016 at 5:00 PM ET.


No purchase or other consideration is necessary to enter or win. To enter, the participant must be a legal U.S. resident living in the forty-eight (48) contiguous United States and Washington DC at the time of entry. Void in Alaska, Hawaii, New York, Rhode Island, Puerto Rico, Guam and in all other territories where restricted or prohibited by law. Participant must also be 18 years of age or older. Questions about eligibility will be determined by documentary evidence (either a valid driver’s license, state ID card, or U.S. passport). No more than one entry per eligible email account will be accepted regardless of the number of entries submitted. No employee or immediate family member of Sponsor is eligible to enter the Sweepstakes. All applicable federal, state, and local rules apply. Participants are required to provide truthful information to Sponsor and Sponsor may use discretion to disqualify and/or remove participants if it is believed a participant is acting fraudulently. Any automated receipt confirming delivery does not constitute proof of actual receipt of an entry by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected registrations, which will be disqualified. Limit one (1) entry per participant during the Sweepstakes Dates. Other restrictions may apply.


Visit wwww.shakykneesfestival.com/win/the-head-and-the-heart-giveaway and successfully enter your email address. Entering an email address is solely for the purpose of entering the Sweepstakes and for winner notification. Participant’s email will not be added to any mailing list unless Participant has affirmatively agreed to be added by checking the box to have Participant’s email address added to any such mailing list. If a participant chooses to enter using participant’s mobile device, standard mobile and/or data fees may apply. Participants should consult their wireless service provider’s for details. By entering via mobile device such Participant agrees to incur any and all charges demanded by participant’s wireless service provider and may be subject to the terms and conditions of the participant’s respective wireless service provider. Participant should also check the device’s features for capabilities and check the device manual for specific use instructions.


There will be One (1) lucky prize winner to receive the following (collectively referred to as the “Prize”):

  • Two (2) General Admission Passes to the 2016 Shaky Knees Music Festival
  • Side stage viewing (exact location to be determined by Sponsor) during The Head and The Heart’s performance at the Festival of winner’s choice
  • 1 merchandise item signed by The Head and The Heart (exact merchandise to be determined prior to awarding, but value will have an approximate retail value of $25.00
  • Total Approximate Retail Value of the Prize: $460.00

Festival passes valid only on the date(s) printed on the passes. All other taxes, fees, and surcharges on the Prize and all meals, gratuities, spending money, and all other expenses not specified in these Rules are solely the responsibility of the Prize winner. No cash equivalent is available, Festival passes are non-transferable, nor will Festival passes be replaced if lost or stolen. Winners must redeem the Prize during the 2016 Festival dates (May 13-15, 2016) or forfeit all rights to the Prize. The Prize winner and accompanied guest must be 18 years and older. No substitution or transfer of the Prize is permitted except as provided in these Rules. No more than the total number of Prize(s) specified in these Rules will be awarded. The total number of Prize[s] awarded is 1. Passes to the Festival will be placed at the Guest List at Will Call at the Festival Fest Box Office under the Prize winner’s name. Flight, hotel, transportation arrangements, and all other expenses not expressly specified in these Rules are the sole responsibility of the Prize winner.


Prize winners will be chosen at random at the conclusion of the Sweepstakes. Winners will be notified no later than April 22, 2016 at 11:59 PM ET via email. In the event of a dispute as to the identity of a participant, the authorized account holder of the email address will be deemed to be the participant. Sponsor may request any potential Prize winner to provide proof that such person is the winner. Sponsor reserves the right to disqualify any participant or Prize winner and may refuse to award any Prize to a person who is ineligible or has violated any rule, gained unfair advantage in participating in the Sweepstakes, or obtained winner status using fraudulent means. Winning is contingent upon compliance with all terms and conditions of these Rules and fulfilling all requirements stated in these Rules. A potential Prize winner will be notified by mail, email, or phone. In the event a potential Prize winner is disqualified for any reason, Sponsor will award the corresponding Prize to an alternate winner by random drawing from among all remaining eligible Sweepstakes entries. Any alternate potential Prize winner is subject to all requirements set forth in these Rules. Only three (3) alternate Prize winners will be selected, after which the Prize will remain un-awarded.


The Prize is awarded as is. Participant acknowledges that the Sponsor has not made, nor is in any manner responsible or liable for, any warranties, representations, or guarantees. Sponsor disclaims any and all warranties, express or implied, in fact or in law, whether now or hereafter enacted concerning any Prize, including implied warranties of quality, merchantability, or fitness for a particular purpose as may be separately provided to participant by law. The Prize winner and his/her guest must abide by all Sponsor and Venue policies and Sponsor reserves the right to revoke full or partial Prize from the winner or winner’s guest who Sponsor or the Venue determine may, in its sole discretion, be intoxicated, be a safety risk, or violates any Venue or Sponsor policy or violates any applicable law. If due to circumstances beyond the control of Sponsor, the Prize-related Festival is delayed, rescheduled, postponed, or cancelled, Sponsor reserves the right, but not the obligation, to cancel, terminate, suspend, or modify the Sweepstakes and is not required to award a substitute Prize. Lost or stolen Prizes will not be replaced. An unclaimed and/or unused Prize element will remain the property of Sponsor. Resale of any element of the Prize is prohibited.


Odds of being selected as a Prize winner depend on the total number of eligible entries received. The Prize winner will be chosen by random selection at the conclusion of the Sweepstakes period on the Sponsor’s discretion. Each eligible entry will have an equal chance of winning. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of a potential winner are final and binding in all matters related to the Sweepstakes.


By participating, each participant agrees: (a) to these Rules and the decisions of Sponsor, which are final in all respects as related to the Sweepstakes; (b) the participant is at least 18 years or older; (c) the participant has not engaged in any fraudulent activity in participating in the Sweepstakes; (d) the Prize winner will be responsible for any taxes assessed on their winnings by any federal, state, local, or governmental agency; and (e) to execute and/or submit any necessary and applicable documentation in connection with the Prize. Sponsor will notify the Internal Revenue Service of all winnings to the extent required by law. If the Prize value exceeds $600.00 the Prize winner must provide Sponsor with a valid taxpayer identification number or social security number and Sponsor will provide such potential winner with a form 1099. A completed and signed form 1099 (when applicable) must be received by the Sponsor within the time specified by Sponsor in order to claim the Prize. A potential Prize winner may be required to sign and return an Eligibility, Liability and Publicity Release (“Release”) (except where prohibited). If a potential winner cannot be contacted, fails to sign and timely return a required form 1099 and/or required Release, declines the Prize, or notification of the Prize is returned as undeliverable, such potential winner forfeits the Prize. PARTICIPANT ACKNOWLEDGES AND EXPRESSLY AGREES THAT THESE RULES ARE SUBJECT TO CHANGE AND MODIFICATION BY SPONSOR AT ANY TIME.


Participation in the Sweepstakes and/or acceptance of the Prize constitutes participant’s and/or winner’s agreement to release, discharge, and hold harmless Sponsor and its respective officers, directors, members, mangers, agents, affiliated entities, and employees (collectively the “Sponsor Released Parties”) from and against any and all claims, or liability arising directly or indirectly from the Prize and participation in the Sweepstakes, including, personal injury, death, or damage to or loss of property, which may occur in connection with the participation in the Sweepstakes, acceptance and/or use or misuse of the Prize. Sponsor is not liable for any entries that are either misdirected or incomplete, is not liable for any losses due to electronic or computer malfunction, and is not responsible for any injuries or losses (1) occurring during or caused by participation in the Sweepstakes, or (2) caused by any Prize awarded.


Except where prohibited by law, participation in the Sweepstakes and/or acceptance of the Prize constitutes the Prize winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any medium, worldwide, without further payment or consideration.


Sponsor is not responsible: (1) for any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) for technical and/or communications malfunctions, errors or failures of any kind; (3) for unauthorized human intervention in any part of the Sweepstakes; and/or (4) for technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any portion thereof should virus, bugs, or other causes beyond the Sponsor’s control corrupt the administration or security of the Sweepstakes. Internet entry must be made by the participant only at the authorized website indicated in the Sweepstakes at www.shakykneesfestival.com/win/the-head-and-the-heart. Entries may not be made by any other individual or any entity, and/or originating at any other Internet website or e-mail address. Any potential winner who enters by any means of the methods described above will be disqualified and an alternate winner will be selected. Sponsor reserves the right in its sole discretion to disqualify any entry at any time if Sponsor determines that the participant has not complied with these Rules.


Except where prohibited by law, by entering the Sweepstakes, each participant agrees that: (1) any and all disputes, claims, and causes of action (collectively “Claims”) arising out of the Sweepstakes or any Prize(s) will be resolved individually, without resort to any form of class action; (2) any Claims will be resolved exclusively by the federal courts located in Travis County, Texas; (3) any and all judgments and awards related to the Claims will be limited to actual out-of-pocket costs incurred and in no event will such costs include attorneys’ fees; and (4) no punitive, incidental, special, consequential, or other damages (including lost profits) (collectively “Special Damages”) will be awarded. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Each participant waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. All Claims, issues, and questions related to the construction, validity, interpretation, and enforceability of these Rules, or the right and obligations of participant and Sponsor in connection with this Sweepstakes, will be governed by the laws of the State of Texas, without regards to conflict of laws.


Personal information collected from participants during the Sweepstakes is subject to Sponsor’s privacy policy available here, and except as otherwise provided in these Rules, is treated in accordance with the terms of that policy. Unless a participant opts in to receive emails from Sponsor, the information provided to Sponsor by a participant will only be used to verify the participant’s eligibility for the Sweepstakes and to contact the Prize winner. Participant may elect to provide information to Facebook, Twitter, or any other social media platform and information provided to those third parties by participant is subject to the privacy policies of such third parties. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with any social media platform. Sponsor has no liability with respect to participant’s sharing of information with any third parties as described above.


Any Sweepstakes participant may submit a written request to see the name and hometown of the Prizewinner to info@shakykneesfestival.com