Sony Music Nashville Rewards Program | Program Rules
The Sony Music Nashville Rewards Program (the “Program”) is sponsored by Sony Music Nashville, a division of Sony Music Entertainment (the “Sponsor”) and administered by Checkd.in, 513 3rd Avenue South, Nashville, TN 37210 (the “Administrator”), and is provided subject to compliance with the terms and conditions of this member agreement (the “Member Agreement”). These terms and conditions (the “Terms”) govern your access to and use of the Program. Please read this Member Agreement carefully before registering, accessing or using the Program or the Program’s website, www.sonymusicnashville.com/user (the “Site”). By registering, accessing or using the Program or the Site, you are agreeing to these Terms and entering into a legally binding contract with Sponsor. It is important that you read carefully and understand the Terms of this Member Agreement. Do not register, access or use the Program or the Site if you are unwilling or unable to be bound by the Terms.
Any references herein to “you” and “your” refer to you, as an individual user of the Program and/or Site. References herein to “we”, “us” and “our” refer to the Sponsor.
We reserve the right to discontinue the Program and/or to add to, revise, suspend or modify any or all aspects of the Program and/or this Member Agreement, at any time, with or without notice. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification(s) will be effective upon our posting of new Terms on the Site.
1. HOW TO PARTICIPATE IN THE REWARDS PROGRAM
A. Eligibility; Restrictions. Your individual membership in the Program is free, but is limited to individuals only who are (i) at least 18 years of age and (ii) legal residents of the United States of America (50 US states and D.C.). Business entities, including partnerships and corporations, associations, including, school organizations, charitable organizations, and other groups, entities or organizations of any kind, and resellers of any kind are not eligible to participate in the Program. No automated entry devices and/or programs permitted. By participating in the Program, you represent that you are at least 18 years of age or older and that you have read and agree to these Terms. The Program is solely for the your personal, noncommercial use. You may only have one (1) Program account (an “Account”), even if you have multiple e-mail addresses. If you create more than one (1) Account, then Sponsor, in its sole discretion, may void any or all of your accounts. Your Account is nontransferable and is subject to present and future new Terms and/or program rules. Points earned by you in the Program (“Points”) cannot be combined or merged with any other person’s account, and Points are not transferable to any other person or account. Employees, officers and directors of Sponsor and/or Administrator and its respective parent companies, subsidiaries, affiliates, assigns, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Program materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees, officers and directors are not eligible to participate in the Program.
B. Program Registration; User Account(s). To participate in the Program, you must be an eligible participant and (a) go to the Site and follow the on-screen instructions in the “User Account” portion of the Site to set up your Account by connecting via your Facebook Connect account or via your Twitter account (a “Connected Account”) or complete the online registration form for the Program and set up your name, your user name, password, valid e-mail address, valid postal zip code and/or other information required as part of registration, (b) provide Sponsor true, accurate, current and when you complete registration information (the “Registration Data”) when you connect to the Program with an authorized Connected Account and/or complete your registration in the Program, and (c) maintain and update the Registration Data as necessary in order to keep your member Registration Data accurate, current and complete. You may not share access to your Account with any other user or Program participant. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your Account, your Connected Account and/or your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your Account, Connected Account and/or your user name and password. Neither Sponsor nor Administrator is responsible for emails that are returned or rejected by your email provider. You may terminate your Account at any time, for any reason or no reason, by following the on-screen instructions on the Site and deactivating your Account. If you deactivate your Account, all Point(s) accrued to date and all rewards in connection with Program activities to date will be lost and unrecoverable. In addition to Sponsor’s rights set forth in section 5(D) below, we reserve the right to terminate your participation in the Program and/or deactivate your Account at any time, at our sole discretion, for any reason whatsoever. Failure to abide by the Terms of this Member Agreement may result in termination of your participation in the Program, deactivation of your Account and/or forfeiture of Points accrued to date and any rewards and/or other benefits you may have earned in connection with the Program, in Sponsor’s sole discretion. Upon any termination or deactivation, you must cease any further use of the Program and Site.
2. CHANGES TO THE TERMS AND CONDITIONS
We reserve the right to discontinue the Program and/or to add to, revise, suspend or modify any or all aspects of the Program and/or this Member Agreement, at any time, with or without notice, including, without limitation, the ability to earn Points, the number of Points earned through specific Program activities, and/or the type or number of rewards that may be redeemed in connection with Program activities, and such termination and/or modification(s) may affect your ability to earn Points or redeem Points for rewards and/or other benefits in connection with the Program. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. All material modifications will apply prospectively only. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification(s) will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Program or Site after any posted modification(s) to the Terms indicates your acceptance of the modification(s) and will constitute your agreement to be bound thereby. If you object to any such modification(s), your sole recourse will be to stop using the Program and the Site.
3. GET SONY MUSIC NASHVILLE REWARDS POINTS
A. General. As a registered participant in the Program, you can earn Points by participating in various Program activities. The specific activities (each an “Activity” or, if more than one, sometimes referred to as “Activities”) and the number of Points eligible to be awarded per Activity are outlined in the Program’s “How Can I Earn Points” portion of the FAQ section of the Site and/or in the applicable Activity materials on the Site. We will decide, in our sole discretion, on the number of Points and/or Point value(s) available that you can earn in conjunction with each Activity, and/or any limitation of number of Points available per Activity per Program participant per day or other designated time period, on a case-by-case basis, all of which Sponsor reserves the right to change, at any time, in Sponsor’s sole discretion, and Sponsor will stipulate such Point requirements in the “How Can I Earn Points” portion of the FAQ section of the Site and/or the applicable Activity materials on the Site. In the event of an error on the part of Sponsor in the definition of an Activity or the particular Activity’s terms or the Points description(s), Sponsor cannot be held responsible for the error and Sponsor will award the intended number of Point(s) for the particular successfully completed Activity concerned.
B. Earning Rewards Points. Each time you successfully complete an Activity your Account will automatically be credited with the Point(s) associated with that particular Activity. For a list of Activities that can earn you Points, see the “How Do I Earn Points” portion of the FAQ section on the Site. It may take up to 72 hours for the Points to be credited and show up in your Account. You must be in a logged-in state when using the Program either at the Site or via the Connected Account to earn Points for the Activity as part of the Program.
As a registered participant in the Program, you may view (and should review on a periodic basis) summary of your Points accumulation in the “My Account” section on the Site. You are solely responsible for ensuring that all Points that are earned by you are included in your Point balance and that your Points balance is correct.
Points are not transferable, have no cash value, and may not be sold, bartered or assigned for any reason. Points do not constitute property and do not entitle you to any vested right or interest. Points are not redeemable for cash. Each Point can only be used once. Points earned by you do not have an expiration date, but shall remain available for redemption unless and until (1) the Program is terminated, or (2) your Account is deactivated in accordance with the Terms of this Member Agreement.
C. Rewards Milestones; Get Rewards.
You can qualify for Sponsor designated reward milestone(s) level member status (e.g., Bronze level, Silver level, Gold level, or Titanium level) based upon the total number of Points you have accumulated into your Account for your successful completion of Activity and/or Activities on the Site (each a “Rewards Milestone”). Each Rewards Milestone has a minimum number of earned Points required to qualify for the applicable Rewards Milestone level, as stated in these Terms and/or on the Site. You cannot qualify for a certain Rewards Milestone level unless you have accumulated the required corresponding number of Points in your Account for the particular Rewards Milestone level concerned. Sponsor’s currently available Rewards Milestones are:
BRONZE: After you have successfully accumulated 250 Points, you’ll become a Bronze level member
SILVER: After you have successfully accumulated 500 Points, you’ll become a Silver level member
GOLD: After you have successfully accumulated 1,250 Points, you’ll become a Gold level member
TITANIUM: After you have successfully accumulated 2,500 Points, you’ll become a Titanium level member
You can qualify to receive the following rewards based upon the Rewards Milestone(s) that you have achieved:
BRONZE: one (1) reward code for a ten percent (10%) discount coupon for use by you for a future purchase on the official Sony Music Nashville Online Store.
SILVER: one (1) reward code for a fifteen percent (15%) discount coupon for use by you for a future purchase on the official Sony Music Nashville Online Store.
GOLD: one (1) reward code for a twenty percent (20%) discount coupon for use by you for a future purchase on the official Sony Music Nashville Online Store.
TITANIUM: one (1) reward code for one (1) item (as determined by Sponsor in its sole discretion) at no additional cost to you other than taxes, shipping, handling and/or processing charges. If you have achieved Titanium level Rewards Milestone membership, the instructions for you to get the Titanium level Rewards Milestone item will be clearly identified in the email to you containing the reward code for redemption by you in the official Sony Music Nashville Online Store or via the URL specified in that email to you, as applicable.
If you have accumulated enough Points to qualify you for the applicable Rewards Milestone(s), we will send you the applicable Rewards Milestone level code or codes (the “Reward(s)”) via email which can be used by you only on the on the official Sony Music Nashville online store (the “Sony Music Nashville Online Store”) as set forth in the Terms of this Member Agreement. Unless otherwise stated on the Site for the applicable Rewards Milestone and/or in email sending you the applicable Reward code, (i) the Bronze, Silver and Gold Reward codes may each only be redeemed one (1) time for a discount off of a future purchase in amounts equal to or greater than the sum of the applicable coupon code presented for redemption by you (excluding sales taxes and other taxes, service charges, shipping, processing and/or handling charges) made by you on the Official Sony Music Nashville Online Store and (ii) the Titanium Reward code may only be redeemed by you one (1) time and only for one (1) item from the available Titanium level Rewards Milestone item(s) specifically designated by Sponsor (in its sole discretion) when you redeem your code for such reward item in the official Sony Music Nashville Online Store or via the URL specified in the email to you containing the reward code, as applicable, while supplies last and subject to availability. Reward Milestone codes may only be used by the person to whom it was issued and are non-transferable and may not be combined with one another or any other offers. These Reward coupon codes may have an expiration date, which will be clearly identified in either the email containing the Reward code and/or in the Reward code itself and will expire at 11:59 p.m. Central Time on the expiration date shown in such email containing the code and/or in the code itself. Each Reward code may only be used once. Reward codes cannot be redeemed for: any prior purchases, used or made for resale, payment or discounts on any sales taxes, service charges, shipping, processing and/or handling charges. Other exclusions may apply. You shall be responsible for any and all local, state and/or federal taxes with respect to your receipt and/or use of the Reward(s). Reward codes have no cash value and no change will be given for Reward code redemption.
Reward codes are not transferable and may not be sold, bartered or assigned for any reason. Sponsor reserves the right to not award Points, to invalidate Reward code(s) improperly issued to you and/or to terminate or suspend your Account if Sponsor believes you are involved or associated with transferring, reselling, bartering and/or attempting to assign any such Reward code(s), as determined by Sponsor in its sole discretion.
Reward(s) may be available in limited numbers and all Rewards are only available while supplies last and are subject to availability. Sponsor reserves the right, but not the obligation, at its sole discretion, to substitute Reward(s) of greater or equal value in the event supplies of any particular Reward item(s) exhaust. Once any Reward item exhausts that particular Reward item will no longer be available. No exchanges, returns or refunds on Reward(s) are permitted for any reason. If an item is returned, any Reward code used by you in purchasing such returned item(s) will be removed from your Account and deemed void and not reinstated. Sponsor and Administrator do not guarantee the availability of any Reward(s) for any period during the Program. Sponsor reserves the right, but not the obligation, in its sole discretion, to change, modify and/or add new Reward(s) for redemption during the Program, at any time, with or without notice.
Points and your Account are subject to verification at the sole discretion of Sponsor. Sponsor and/or Administrator may use anti-fraud detection devices for verification purposes. If such Reward(s) redemption is associated with any Point deemed void for any reason (by way of example only, if: (a) the Point is not verified or recognized as being validly issued by Sponsor and/or Administrator in the Program; and/or (b) the Reward code is determined to have been previously entered and used, then such Point(s) will be deducted from your Account, which may change your Rewards Milestone level, and/or any Reward(s)) redemption for the invalid Rewards Milestone level shall be deemed invalid. All Point(s), Rewards Milestone(s) and Reward(s) details are at the sole discretion of the Sponsor. Reward(s) redeemed by you are solely for personal use and may not be used in conjunction with any other promotion unless otherwise stated otherwise by Sponsor on the Site. Sponsor and Administrator shall not have any liability or obligation to you with respect to any void Point(s) and/or invalid Rewards Milestone(s) and/or Reward(s) redemption.
D. Process for Redeeming Reward(s).
To redeem the Reward(s), browse the official Sony Music Nashville Online Store and select the item(s) you wish to order, and enter the Reward code sent to you that you desire to use for such order on the “Checkout” page of the Site. The Site may contain information on any additional limits per Reward. All information on your order shall be provided on the “Checkout” page of the Site. Reward(s), once used, cannot be refunded, transferred or re-used. Any Reward(s) obtained through the Program are not returnable, refundable, transferable or exchangeable. No substitutions of any kind are offered or permitted with respect to any Reward(s).
E. Shipment of Items.
The items selected and/or purchased by you using Reward(s), whichever is applicable, will only be delivered to addresses within the United States. For items then-currently in stock, you should allow at least 1 week (some in stock items may take up to 10 days), in most cases, from Sponsor’s and/or Sponsor’s designee’s receipt of your order for shipment of the Reward(s) items via postal mail, unless otherwise stated on the Site. Some Reward(s) items may be available in limited numbers and/or out of stock and all Reward(s) items are only available while supplies last and are subject to availability. Once any Reward item exhausts that particular Reward item will no longer be available. If a Reward(s) item includes a pre-order for products or services not yet released to the general public, your order of such product using Reward(s) will not be processed and/or shipped unless and until the day such product and/or service is initially commercially released by Sponsor in the United States, if at all. No exchanges, returns or refunds on Reward(s) are permitted for any reason. If an item is returned, any Reward code used by you in purchasing such returned item(s) will be removed from your Account and deemed void and not reinstated. Sponsor and Administrator do not guarantee the availability of any Reward(s) for any period during the Program. Each Rewards item ordered may ship separately. Reward(s) items will ship to the postal address that you specify in your Account, unless you specific otherwise on the order “Checkout” page of the Site. Sponsor will not deliver any Reward(s) to any P.O. boxes. Neither Sponsor nor administrator assumes any responsibility for any postal mail or overnight deliveries returned as undeliverable without a forwarding postal address (no P.O. boxes). No responsibility is assumed by Sponsor and/or Administrator for any Reward(s) item after it has been shipped.
4. PROGRAM ACTIVITY; INACTIVE USER ACCOUNT(S)
Sponsor reserves the right to remove all Points and/or Reward(s) from your account and to terminate your Account and Rewards Milestone level(s) status if you are inactive for an extended period of time (by way of example only, if you earn no Points or if you do not redeem any Points for a period of nine (9) consecutive months), as determined by Sponsor in its sole discretion. No extensions, cash refunds or other exchanges will be allowed for Points or any Reward(s) that have been removed from your account or if your Account expires based upon inactivity. You acknowledge and agree that Sponsor and Administrator shall not be liable to you or to any third party for any Points or any Reward(s) that have been removed from your account or if your Account expires based upon inactivity.
5. ADDITIONAL GENERAL PROGRAM PARTICIPATION TERMS AND CONDITIONS
A. Permission to Use the Program and Site. We grant you permission to participate in the Program and/or use the Site subject to the restrictions in these Terms. We may terminate our permission for you to participate in the Program or use the Site for any conduct that we consider to be inappropriate, or for your breach of these Terms. Your use of the Program and Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
B. Program and Site Availability. The Program and/or Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to Sponsor and/or Administrator.
C. Use & Storage. Sponsor may establish general practices and limits concerning use of the Program, including, without limitation, the maximum number of days that information, data, account history or other uploaded content will be retained by the Program, the maximum disk space that will be allotted on Sponsor's servers on your behalf as a participant in the Program, and the maximum number of times (and the maximum duration for which) you may access the Program in a given period of time. You agree that Sponsor has no responsibility or liability for the deletion or failure to store any information or data and other communications or other content maintained or transmitted by or through the Program. You also acknowledge that Sponsor reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
D. Termination; Suspension. The Program, this Member Agreement, your participation in the Program and your Account (including your password and all use of your Account, the Program and/or the Site) may be terminated or suspended by Sponsor at any time, in its sole discretion, without prior notice, for any reason, including, without limitation, violation of the Terms of this Member Agreement, failure to provide accurate Registration Data, your attempt to register for an Account and/or update your Account using another person’s Connected Account or information, your inactivity with the Program, if it is suspected you have multiple accounts, if you engage in any conduct the Sponsor deems to be improper or otherwise adverse to the operation of the Program or Site, or any other reason in Sponsor’s sole discretion. Using vulgar, abusive, offensive, threatening or harassing language towards Sponsor, Administrator, other users or Program participants will result in suspension and/or termination of your participation in the Program, in Sponsor’s sole discretion. Upon termination of the Program and/or of your participation in the Program, your right to use the Program shall cease immediately, and Sponsor may immediately deactivate or delete your Account, any Points and/or any Reward(s) and all related information and files, and/or bar any further access to such files or the Program or Site. Termination of the Program by Sponsor and/or termination of your participation in the Program will result in deactivation of your Account and the forfeiture of unredeemed Points accrued to date and any Reward(s) and/or other benefits you may have earned in connection with the Program. You acknowledge and agree that Sponsor and Administrator shall not be liable to you or to any third party for any termination of your Account, removal of any Points and/or any Reward(s), or your access to and/or participation in the Program.
7. THIRD PARTIES
The Program and/or Site may include links to other websites or applications (each, a “Third Party Site”). Unless otherwise noted, we do not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk.
8. INTELLECTUAL PROPERTY; PROPERTY RIGHTS TO CONTENT
A. All material used and/or displayed in the Program and/or on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Sponsor and is protected by copyright, trademark, and other intellectual property rights. Material in the Program and/or on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Sponsor in each instance. You may download material intentionally made available for downloading as part of the Program from the Site, if any, for your personal, non-transferable, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
B. You acknowledge and agree that if your Account is suspended and/or terminated for any reason, or for no reason, you shall have no further right to use your Account, the Program, the Site, Program materials and/or the software in any manner whatsoever.
C. If, at the Sponsor’s request, you send content (e.g., postings to social media websites or mobile applications or submission of contest or sweepstakes entries) or creative suggestions, ideas, notes, drawings or other information to Sponsor (collectively, “Submissions”), such Submissions shall be deemed, and shall remain, the property of Sponsor and shall be controlled by the same ownership obligations set forth in this Member Agreement.
9. MEMBER CONDUCT
A. You agree to abide by all applicable local, state, federal and international laws and regulations with respect to your participation in the Program and use of your Account, the Points, the Reward(s), the Program, and the Site.
B. You agree not to use your Account and/or the Program or the Site to: (i) stalk, harass or harm another individual; (ii) impersonate any person, or otherwise misrepresent your identity; (iii) interfere with or disrupt the systems, servers or networks associated with or connected to the Program and the Site or disobey any requirements, procedures, policies or regulations of such networks; (iv) violate the terms and conditions and operating rules of the Program; (v) interfere with another member’s use of the Program; (vi) attempt to gain unauthorized access to the Program, or to other member’s accounts; (vii) transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features; (viii) use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; or (ix) resell or otherwise generate income by providing access to your Account, the Program and/or Reward(s) to others.
C. If you do not comply with these Terms or attempt to interfere with the Program and/or Site in any way, you shall be disqualified from participating in the Program, which may result in the forfeiture of Points accrued to date and any Reward(s) and/or other benefits you may have earned in connection with the Program in Sponsor’s sole discretion. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.
You agree to indemnify, defend and hold harmless Sponsor, Administrator and its respective affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of your Account, the Program and/or Site, (ii) your violation of the Terms and/or this Member Agreement, (iii) your use of any products or services purchased or obtained by you in connection with the Program and/or Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Sponsor reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
11. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF SONY MUSIC NASHVILLE, A DIVISION OF SONY MUSIC ENTERTAINMENT, AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THESE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. THE PROGRAM AND THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR USE OF YOUR ACCOUNT, THE PROGRAM, THE SITE IS AT YOUR OWN DISCRETION AND RISK. SPONSOR MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE PROGRAM OR SITE, ITS SAFETY OR SECURITY, OR THE PROGRAM OR SITE CONTENT. ACCORDINGLY, SPONSOR IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM PARTICIPATION IN THE PROGRAM AND/OR YOUR USE OF THE SITE.
B. SPONSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR PARTICIPATION IN THE PROGRAM AND/OR YOUR USE OF THE SITE AND/OR THE REWARD(S).
C. SONY MUSIC NASHVILLE, A DIVISION OF SONY MUSIC ENTERTAINMENT, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND LICENSORS, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PROGRAM, THE SITE OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE PROGRAM, THE SITE, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF PARTICIPATION IN THE PROGRAM AND ACCESS TO, OR USE OF, THE SITE.
D. SPONSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE PROGRAM AND/OR SITE AND/OR ACCESS TO THE ACCOUNT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E. SPONSOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE PROGRAM AND/OR ON THE SITE OR ANY THIRD PARTY SITE.
F. SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION DISPLAYED IN CONNECTION WITH THE PROGRAM AND/OR POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF THE RECORDING ARTISTS OR OTHER INDIVIDUALS (IF ANY) THAT WILL BE FEATURED IN CONNECTION WITH THE PROGRAM AND/OR ON THE SITE.
12. VOID WHERE PROHIBITED
Although the Site is accessible worldwide, the Program is open only to individuals who are (A) at least 18 years of age and (B) legal residents of the United States of America, and not all products or services discussed or referenced in connection with the Program and/or on this Site are available to all persons or in all geographic locations. Sponsor reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in connection with the Program and/or in this Site is void where prohibited.
13. MAKING PURCHASES
If you wish to use the Reward(s) eligible towards the future purchase products or services on the Sony Music Nashville Online Store as described in the Program, then you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, including but not limited to federal, state and local sales or other taxes and surcharges, relating to your purchases. Sponsor will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. Sponsor does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
14. RULES FOR PROMOTIONS
15. CHOICE OF LAW AND VENUE
These Terms shall be governed by, and construed in accordance with, the laws of the State of New York, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts sitting in the Borough of Manhattan in the City of New York in the State of New York, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
16. GENERAL TERMS
A . Participation in the Program and/or redemption of the Reward(s) constitutes your permission for Sponsor to use your username, address (city and state), likeness, photograph, picture, portrait (including, without limitation, the image and/or photo displayed in your profile for your Connected Account), voice, biographical information and/or any statements made by you regarding the Program or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating in the Program, you agree to release and hold harmless Sponsor, Administrator, their respective advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Program-related promotions, or possession, acceptance and/or use or misuse of Reward(s) or participation in any Program-related Activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor is not responsible if Program cannot take place or if Reward(s) cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
B. Each valid Program Activity will be associated with Points in the name of the Account holder used at the time the particular Activity concerned was successfully completed. In the event of a dispute over who earned such Point(s) and/or who submitted the Reward(s) for redemption as part of the Program, the authorized subscriber of the e-mail account used to register for the Program at the actual time of registration for the Program, will be deemed to be the Program participant. The “Authorized Account Subscriber” is defined as the individual natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor, Administrator, their affiliates, partners and promotion and advertising agencies are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of your Program registration, Registration Data and/or your Program Activity information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit your ability to participate in the Program, receive credit for Activity or Activities or earn Point(s) and/or redeem Reward(s).
C. By participating in the Program and/or accessing or using the Site, you agree to be bound by the decisions of the Sponsor and these Terms, as may be modified from time to time in Sponsor’s sole discretion.
D. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend the Program for any reason, or no reason, and/or should (in Sponsor’s sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Program. Sponsor further reserves the right, at its sole discretion, to disqualify any individual it finds, in their sole discretion, to be tampering with the Program registration or any Activity processes or the operation of the Program or Site. Sponsor may prohibit you from participating in the Program and/or earning any Point(s) and/or redeeming any Reward(s), in Sponsor’s sole discretion, if Sponsor determines that you have and/or are attempting to undermine the legitimate operation of the Program by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry or activity programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's and/or Administrator’s representatives.
CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE PROGRAM OR SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM AND/OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.