Bird Words Official Rules/Terms & Conditions
Bank Iowa 2019-2020 CIVIC CENTER BROADWAY SERIES Sweepstakes OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. Purchase OR PAYMENT Will Not Improve Chances of Winning.
ELIGIBILITY: The Bank Iowa 2019-2020 Civic Center Broadway Series Sweepstakes (“Sweepstakes” or “Promotion”) is open to legal residents of the State of Iowa, who are twenty-one (21) years of age or older at time of entry. Void outside of the State of Iowa and where prohibited. Persons in any of the following categories are NOT eligible to participate or win prizes in the Sweepstakes: (a) persons who on or after October 12, 2019, were or are a director, officer, employee, or agent of Sponsor or any parent, subsidiary, affiliate, or independent contractor of Sponsor; (b) individuals engaged in the development, production or distribution of materials for this Sweepstakes; (c) persons who are immediate family members (defined as spouse, IRS dependent, or biological or step-mother, father, sister, brother, daughter, or son and each of their respective spouses) of any person in any of the preceding categories, regardless of where they live, and/or individuals who reside in the same household, whether related or not, as any person in any of the preceding categories; and (d) persons who are not eligible to lawfully participate in the Sweepstakes under applicable law. By participating in the Sweepstakes, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects.
ENTRY PERIOD: Promotion coincides with the 2019-2020 Des Moines Civic Center Broadway Series (excludes Bernadette Peters in Concert and Riverdance). The Promotion begins at 12:00:01 a.m. Central Time (“CT”) on October 12, 2019, and ends at 11:59:59 p.m. CT on August 2, 2020 (the “Entry Period”). The beginning and end times of the Sweepstakes shall be determined in accordance with the time specified by Sponsor or its representatives.
HOW TO ENTER: There are two ways to enter. (1) Play “Bird Words” in the Playbill for a Civic Center Broadway Series show and text the show name as specified on the playbill (excludes Bernadette Peters in Concert and Riverdance) to 55455 and follow the subsequent instructions; or (2) hand print your name, complete address, telephone number and date of birth on a postcard and mail via first-class mail to: Bank Iowa Corporation, ATTN: Josh Fleming, VP, Marketing, 1225 Jordan Creek Pkwy, Ste. 200, West Des Moines, IA 50266. Text entries are valid regardless of whether the entrant provides the correct secret word. LIMIT: ten total entries per person during the Entry Period regardless of method of entry
WINNER SELECTION: On or about August 5, 2020, one potential winner will be selected at random by Sponsor or Sponsor’s delegate from among all eligible entries received during the Entry Period. On or about August 7, 2020, Sponsor will attempt to notify the potential winner using the contact information provided at the time of entry. Sponsor shall have no liability for any potential winner notification that is not received by any potential winner for any reason. If, despite reasonable efforts, any potential winner does not respond within seven (7) days of the first notification attempt, or if a notification is returned as unclaimed or undeliverable to any potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. In that event, Sponsor may successively attempt to contact potential winners of each prize in accordance with such procedure until prizes are awarded.
PRIZES/VALUES/ODDS: One Grand Prize: A two-night trip for two to Chicago, Illinois, consisting of: (a) $600 for airfare for two from Des Moines to Chicago; (b) $500 for two nights’ standard hotel accommodations (double occupancy); (c) $600 for two tickets to a Broadway show; and (d) $500 in spending money. (Approximate retail value (“ARV”): $2,200; total ARV of all prizes: $2,200). Prize will be awarded in the form of cash or travel vouchers. Winners must make travel arrangements and are responsible for any costs not specified or exceeding the foregoing amounts. If a prize winner cannot accept prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner. No substitution or transfer of any prize is permitted, but Sponsor reserves the right to substitute the prize with a prize of equal or greater value, if the advertised prize or portion thereof becomes unavailable for any reason. All federal, state and local taxes are the sole responsibility of the winner. Odds of winning depend on the number of eligible entries received. LIMIT: one prize per person.
GENERAL CONDITIONS: Participants agree that the Sponsor and its subsidiaries, and affiliates, and each of their respective officers, directors, employees and agents, (individually and collectively “Releasees”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes, and, (b) that Releasees have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, and THE RELEASEES HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. By accepting a prize, each winner grants permission to Sponsor and those acting under their authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, in perpetuity, for advertising, trade, publicity and promotional purposes without additional compensation (except where legally prohibited), in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. The potential winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of date on notification. If documents are not returned in a timely manner, or if the prize notification or prize is returned as non-deliverable, or if the potential winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner will be selected in accordance with these Rules.
LIABILITY LIMITATIONS: Releasees are not responsible for lost, late, misdirected, incomplete, illegible, or non-delivered entries, or technical errors or difficulties, or printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of registration, entry or other information or the failure to capture, or loss of, any such or similar information. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by non-authorized human intervention, technical failures or any other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and select the winners from entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between participant and Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the internal laws of the State of Iowa including procedural provisions without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s or jurisdiction’s laws.
DISQUALIFICATION: It is the participant’s responsibility to ensure that the participant has complied in full with all of the conditions and requirements contained in these Official Rules. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. No mechanically reproduced, illegible, incomplete, forged, software generated, third party or other automated multiple entries will be accepted. Entries made by any other individual or any entity, and/or originating by any other mechanism, including but not limited to commercial Sweepstakes subscription notification and/or entering services, will be declared invalid and disqualified for this Sweepstakes. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person. The Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
FORCE MAJEURE: Subject to any governmental approval which may be required, Sponsor reserves the right, without prior notice and at any time, to terminate the Sweepstakes, in whole or in part, or modify or suspend the Sweepstakes in any way, if it determines, in its sole discretion, that the Sweepstakes is impaired or that fraud has destroyed or severely undermined the proper entry, integrity, and/or feasibility of the Sweepstakes. In the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic or health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, provincial or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated, in whole or in part, before the designated end date, Sponsor may, in its sole discretion, select winners (or the remaining winners, as the case may be) from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Only the type and quantity of prizes described in these Official Rules will be awarded.
INVALIDITY: The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Headings and captions are used in these Official Rules solely for ease of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof. These Official Rules cannot be modified or amended in any way except in writing by a duly authorized representative of Sponsor.
ARBITRATION: By participating in this Sweepstakes, each Participant agrees that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) Participant may have against the Releasees arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of prizes, or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by American Arbitration Association (“AAA”) and conducted before a sole arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided such location is reasonably convenient for Participant), or at such other location as may be mutually agreed by the Participant and Sponsor; (4) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Participant may have entered into in connection with the Sweepstakes; (5) the arbitrator shall apply Iowa law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only the Participant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the Participant and Sponsor shall in no event be entitled to recover punitive, incidental and/or consequential damages; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD for claims less than $10,000 or $375 for claims greater than $10,000 but less than $75,000, and the Participant is unable (or not required under the applicable Rules and Procedures) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on the Participant’s behalf, subject to ultimate allocation by the arbitrator. In addition, if the Participant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the Participant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Sponsor nor Participant shall be entitled to arbitrate their dispute. For more information on AAA and/or AAA Rules and Procedures, Participants may visit the AAA Website at http://www.adr.org, or contact AAA AT 1633 Broadway, 10th Floor, New York, New York 10019; Phone 212-716-5800, Fax: 212-716-5905, OR BY EMAIL AT firstname.lastname@example.org.
OFFICIAL RULES: To receive a copy of the Official Rules, mail a self-addressed stamped envelope to Bank Iowa 2019-2020 Broadway Series Sweepstakes—Official Rules Request, 1225 Jordan Creek Pkwy, Ste. 200, West Des Moines, IA 50266. All requests must be received by the end of the Entry Period.
WINNERS LIST: For a copy of the Official Winners List mail a self-addressed stamped envelope to: Bank Iowa 2019-2020 Broadway Series Sweepstakes—Winners List Request, 1225 Jordan Creek Pkwy, Ste. 200, West Des Moines, IA 50266. All requests must be received by December 31, 2020. Limit one request per stamped outer envelope.
SPONSOR: Bank Iowa Corporation. 1225 Jordan Creek Pkwy, Ste. 200, West Des Moines, IA 50266.
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