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ON THE RECORD
“LADY GAGA COSTUME CONTEST”
NO PURCHASE NECESSARY TO ENTER
ON THE RECORD “ LADY GAGA COSTUME CONTEST” (“Contest”) 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 Contest. Certain restrictions may apply.
1. Eligibility: Contest 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). Contest is limited to the first thirty (30) eligible entrants who enter in accordance with Section 4. 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 Contest. Subject to all applicable federal, state and local laws and regulations. Contest is void wherever prohibited or restricted by law.
2. Sponsor: The sponsor of the Contest is Victoria Partners d/b/a Park MGM Las Vegas, 3770 S Las Vegas Blvd, Las Vegas, NV 89109 (“Sponsor”).
3. Timing: Contest entry period begins on October 31, 2019 at 10:00 p.m. Pacific Time (“PT”) and ends on October 31, 2019 at 11:59:59 p.m. PT (“Entry Period”).
4. How to Enter. No purchase necessary to enter Contest. To enter the Contest, visit the check-in table inside of On The Record at the Park MGM, located at 3770 S. Las Vegas, NV 89109 (“Venue”) during the Entry Period. All guests who wish to participate in the Contest can sign-up and, subject to availability and these Official Rules, 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. Limit one (1) entry per person. All entries in excess of the limits described herein are ineligible and will be disqualified. Sponsor reserves the right to refuse Contest entry or remove any registered entrant for an inappropriate costume or inappropriate behavior, as determined by Sponsor in its sole and absolute discretion.
5. Winner Selection, Notification and Fulfillment: The top three (3) entrants will be determined by the judges (in their sole discretion) from among the eligible participants based on the following judging criteria:
· 50% Creativity
· 30% Depth of costume which is adherence to theme
· 20% Eccentric
Once the judges determine the top three (3) entrants, the final winners will be determined by the judges (in their sole discretion) based on audience response (i.e., loudest and most enthusiastic applause/response) from among the final three (3) top entrants. 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 Venue at approximately 1:30 a.m. PT on November 1st, 2019. All winners must be present at time of winner announcement in order to win a prize.
In Sponsor’s sole discretion, the potential winners may be required to sign and return an Affidavit of Eligibility and Liability & Publicity Release (“Affidavit”) to Sponsor as directed. Affidavit may be provided to each potential winner at Venue. 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 Contest 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 Contest.
A. 1st place prize consists of the following elements: (i) Three Thousand Dollar ($3,000) American Express gift card; and (ii) One Thousand Six Hundred Sixty-Six Dollar ($1,666) Credit at Venue. Approximate retail value (“ARV”) of 1st place prize: $4,666.00. Prizes exclude accommodations in and airfare/transportation to/from Las Vegas, Nevada.
B. 2nd place prize consists of the following elements: (i) One Thousand Five Hundred Dollar ($1,500) American Express gift card; and (ii) One Thousand Six Hundred Sixty-Six ($1,666) Credit at Venue. Approximate retail value. ARV of 2nd place prize: $3,166.00. Prizes exclude accommodations in and airfare/transportation to/from Las Vegas, Nevada.
C. 3rd place prize consists of the following elements: (i) Five Hundred Dollar ($500) American Express gift card; and (ii) One Thousand Six Hundred Sixty-Six Dollar ($1,666) Credit at Venue. Approximate retail value. ARV of 3rd place prize: $2,166.00. Prizes exclude accommodations in and airfare/transportation to/from Las Vegas, Nevada.
ARV of all prizes offered: $9,998.00.
Unless otherwise indicated herein, all expenses and costs including, but not limited to, all transportation, meals, incidental, surcharges, service charge or facility charges, taxes or other expense, are the responsibility of winners. 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.
American Express gift cards are subject to all American Express terms and conditions. Venue credit is not valid for gratuities and must be used by October 31, 2020. 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. Each prize is non-transferable and there is no cash substitution if prize winner is unable to use or accept prize. PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. Sponsor not responsible for changes in performance schedule at Venue.
- Venue credit voucher must be present at time of spend.
- Venue credit voucher must be spent in one transaction and cannot be used over multiple dates.
- Venue credit voucher cannot be used on any major holiday or special events. .
7. Release and Limitation of Liability: BY ENTERING THIS CONTEST, 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 CONTEST (INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN THE CONTEST) 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 Contest; (ii) technical, hardware, software, network, or telephone failures of any kind; (iii) unauthorized human intervention in any part of the entry process of the Contest; (iv) technical or human error which may occur in the administration of the Contest; (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 Contest; 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 Contest) which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or any Contest 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 Contest 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 Contest (or any portion of the Contest) 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 Contest 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 Contest or winning a prize if, in its sole discretion, Sponsor determines entrant is attempting to undermine the legitimate operation of the Contest 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 Contest 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 Contest, 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 Contest, 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 Contest-related activity), entrants (and others) consent to the jurisdiction and venue of federal, state and local courts located in Clark County, Nevada.