Celebrate OTR Industry Wednesdays at On The Record! Expect the unexpected. Our two-story record store speakeasy sports hidden karaoke suites, an intimate Vinyl Parlor, a double-decker bus DJ booth with sounds by our resident DJ and craft cocktails designed by our master mixologists.
TERMS & CONDITIONS
ON THE RECORD
"SULTRY & SCARY COSTUME CONTEST"
NO PURCHASE NECESSARY TO ENTER
Promotion is subject to these Official Rules. By entering, all participants agree to be bound by these Official Rules and the decisions of Sponsor (as defined in Section 2) which are final and binding in all matters related to the Promotion. Certain restrictions may apply.
1. Eligibility: Promotion is open only to legal residents of the 50 United States (and the District of Columbia) who are twenty-one (21) years of age or older at the time of entry (unless otherwise excluded by Sponsor in accordance with applicable law). Proof of residency and age may be required. Employees, officers, directors, members and representatives of Sponsor and MGM Resorts International ("MGM"), and each of their respective parent companies, subsidiaries and affiliates, as well as the immediate family members (spouse, parents, siblings and children and each of their respective spouses, children and siblings) of each of the above and persons living in the same households of each of the above are ineligible to participate or win in this Promotion. Subject to all applicable federal, state and local laws and regulations. Promotion is void wherever prohibited or restricted by law.
2. Sponsor: The sponsor of the Promotion is Backbar Beverage Marketing Consultants LLC, 2673 Western Avenue, Las Vegas, Nevada 89109 ("Sponsor").
3. Timing: Promotion entry period begins on October 30, 2019 at 10:00 p.m. Pacific Time ("PT") and ends on October 30, 2019 at 12:am p.m. PT
4. How to Enter. No purchase necessary to enter Promotion. To enter the Promotion, visit the check-in table in side of On The Record at the Park MGM, located at 3770 S. Las Vegas, NV 89109 during the Entry Period. All guests who wish to participate in the Promotion can sign-up and, subject to availability, will be assigned a call time to perform.Entries which are obtained in a manner not in compliance with these Official Rules will be disqualified. Limited to the first (40) entry. (1) entry per person. All entries in excess of the limits described herein are ineligible and will be disqualified.
5. Winner Selection, Notification and Fulfillment: Winners will be determined by the judges (in their sole discretion) Judges criteria for choosing winners:
o 50% Sultry
o 30% Scary
o 20% Originality
based on audience response (i.e., loudest and most enthusiastic applause/response) from among all eligible entries received during the Entry Period. The entrant with the loudest/most enthusiastic applause/response will receive the 1st prize, the entrant with the next loudest/most enthusiastic applause/response will receive the 2nd prize, and the entrant with the next loudest/most enthusiastic applause/response will receive the 3rd prize. Winners will be announced at the Entry Location (or close by) at approximately 1:30am PT on October 30, 2019. All winners must be present at time of winner announcement in order to win a prize.
In Sponsor's sole discretion, the potential winner of the 1st prize may be required to sign and return an Affidavit of Eligibility and Liability & Publicity Release ("Affidavit") to Sponsor as directed. Affidavit will be provided to potential winner of such prize at Entry Location. Sponsor will provide the 1st prize winner with a voucher that includes instructions as to how to arrange for booking and receipt of prize, which must be followed by such winner. There is no replacement for lost or stolen ticket voucher. Guest of winner of 1st prize may also be required to execute and return a release of liability in Sponsor's sole discretion. All selected winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.
In Sponsor's sole discretion, a selected potential winner may be disqualified (and may forfeit his/her prize) if such selected potential winner (i) is not present at time of winner announcement and/or does not claim the prize at the time of winner announcement (or otherwise), (ii) declines or cannot accept, receive or use a prize for any reason, (iii) fails to sign and return the Affidavit (if required) as directed, and/or (iv) does not comply with these Official Rules. Forfeited prizes may not be awarded. In the event that a selected potential winner is disqualified, fails to claim a prize and/or is unable to satisfy the requirements herein, Sponsor will use reasonable efforts to award the prize to an alternate winner (if necessary and time permitting) who successfully meets the requirements to receive a prize and who had the next loudest/most enthusiastic applause/response. Sponsor reserves the right not to award the prize after multiple efforts to identify an alternate winner (if any) who accepts the prize. Sponsor's decisions as to the administration and operation of the Promotion and the selection of the potential winners, is final and binding. Each selected potential winner may, in Sponsor's sole discretion, be required to show a valid state issued driver's license, government-issued identification or other identification (subject to Sponsor's approval) as evidence of identity and/or eligibility.
6. Prizes: There are a total of three (3) prizes offered in this Promotion.
1st prize consists of $3,000 – American express gift card & $1666 – Voucher to be redeemed at OTR. Sponsor not responsible for changes in performance schedule. Approximate retail value ("ARV") of prize: $4,666.00
2st prize consists of $1,500 – American express gift card & $1666 – Voucher to be redeemed at OTR. Sponsor not responsible for changes in performance schedule. Approximate retail value ("ARV") of prize: $3,166.00
3st prize consists of $500 – American express card & $1666 – Voucher to be redeemed at OTR. Sponsor not responsible for changes in performance schedule. Approximate retail value ("ARV") of prize: $2,166.00
All prizes are subject to availability and certain other restrictions. Prize are non-transferable and no substitutions will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right (but is not required) to substitute a prize for one of equal or greater retail value if the designated prize should become unavailable for any reason. PRIZES ARE AWARDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.
7. Release and Limitation of Liability: BY ENTERING THIS PROMOTION, EACH PARTICIPANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND MGM, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND SHAREHOLDERS (COLLECTIVELY THE "RELEASEES") FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE TO PERSONS OR PROPERTY, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES) AND ACTIONS OF ANY KIND (AND AGREE TO WAIVE ANY SUCH CLAIMS, ETC.) RELATED TO OR ARISING OUT OF THIS PROMOTION (INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE PROMOTION) OR RESULTING FROM THE ACCEPTANCE OR USE OF ANY OF THE PRIZES AWARDED INCLUDING, BUT NOT LIMITED, TO PERSONAL INJURY, DEATH, DAMAGE TO OR LOSS OF PROPERTY, INVASION OF THE RIGHT OF PRIVACY OR PUBLICITY.
Releasees shall not be liable to any winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any persons.
Releasees are not responsible for and shall not be liable for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (ii) technical, hardware, software, network, or telephone failures of any kind; (iii) unauthorized human intervention in any part of the entry process of the Promotion; (iv) technical or human error which may occur in the administration of the Promotion; (v) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, undeliverable, damaged or stolen entries or communications; (vi) data corruption, theft, destruction, unauthorized access to or alternation of entry or other materials; (vii) any printing, typographical, human, administrative or technical errors or omissions in any material associated with the Promotion; and/or (viii) any injury, loss, costs, expenses or damages to persons or property (including, but not limited to, damage to any computer system or mobile device related to participation in, accessing or downloading information related to the Promotion) which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or any Promotion related activity.
8. Publicity: Except where prohibited by law, by accepting a prize, each winner agrees and acknowledges that Sponsor and MGM and each of their respective designees may, without any limitation or further compensation, use his or her name, voice, audio or video recording, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Promotion or any other promotion, contest or sweepstakes sponsored by the Sponsor or MGM, or any of their respective affiliates.
9. General Conditions: Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Promotion (or any portion of the Promotion) should an error, virus, bug, computer problem or other cause or issue corrupt, restrict, prevent or inhibit the administration, security or proper operation of the Promotion and, in such situation, to select the winners from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. Sponsor may prohibit an entrant from participating in the Promotion or winning a prize if, in its sole discretion, Sponsor determines entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or Sponsor's representatives.
10. Disputes: Except where prohibited, entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action (ii) any and all claims, judgments and awards against one or more of the Releasees shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys' fees (or other professionals' fees); and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim and/or seek indirect, punitive, incidental, special and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any all rights to have damages multiplied or otherwise increased.
11. Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Nevada without giving effect to any choice of law or conflict of law rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. By entering (or participating in any Promotion-related activity), entrants (and others) consent to the jurisdiction and venue of federal, state and local courts located in Clark County, Nevada.