OFFICIAL RULES

Café Mocha 25thEssence Festival Get A Way Sweepstakes

OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES, 21 YEARS OF AGE OR OLDER. VOID IN PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, OTHER US TERRITORIES AND WHERE PROHIBITED BY LAW.   NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE CHANCES OF WINNING.  

Café Mocha – 25thEssence Festival Get A Way Sweepstakes

OFFICIAL RULES

1. SWEEPSTAKES DESCRIPTION.

Miles Ahead Broadcasting LLC (“Prize Provider”), owner of the nationally syndicated radio show Café Mocha, is teaming up with ESSENCE Communications, Inc. (“ESSENCE”) to award one lucky winner and guest (a total of two (2)  people) to receive a trip to New Orleans from July 5th– 8th,  2019 for the 25thEssence Festival.  The national winner will be randomly selected from the pool of eligible entries that are qualified and enter during the Promotion Period as defined below.    Promotional consideration will be provided by ESSENCE.

Thepromotional entry period begins at 12:00 PM Eastern Daylight Time (EDT) on April 30, 2019 (“Inception”) and ends at 12:00 noon EDT on June 2, 2019  (‘End Time”) ("Promotion Period").

1. ELIGIBILITY.

The Sweepstakes is only open to persons who are legal residents of the United States and are 21 years of age or older.   Employees of Prize Provider, the participating radio stations, and ESSENCE and each of their respective parents, subsidiaries, affiliates, participating advertising and promotion agencies, competitors, promotional partners, and prize suppliers, and members of their immediate families and/or those living in the same households (whether legally related or not) are NOT eligible to enter or win the Sweepstakes.  For purposes of this Sweepstakes, immediate family members include spouse, children, siblings (and their spouses), parents, and grandparents.

A participant may win only one (1) prize during the Sweepstakes.

1. HOW TO ENTER SWEEPSTAKES.

Participants will enter during the Promotion Period by downloading the free Cafe Mocha APP and clicking on the Essence Festival banner link, following the directions to complete the online entry form by providing full name, address, phone number, and email address for a chance to win.  All entries must be received no later than June 2, 2019 at 12:00 PM noon EDT to be considered.  Any entries not received by the specified End Time will be deemed void.

There is a limit of one (1) entry per person/per household throughout the Promotion Period and each person is limited to the use of only one (1) email address to participate. Only fully completed entry forms are eligible.  Administratorreserves the right to disqualify any person that submits more than one (1) entry.  In addition, any entry generated by script, macro or other automated entry devices and/or programs or any entry which subverts the entry process will be disqualified.  All entries become the sole and exclusive property ofPrize Providerand receipt of entries will not be acknowledged or returned. Participants must acknowledge they have read the Official Rules and agree to abide by the same.

  In the event no eligible entries are received, Prize Provider reserves the right to cancel the Sweepstakes.

1.   SELECTION OF PRIZE WINNER.

The prize winner will be selected by  a random drawing from the pool of all eligible entries submitted during the Promotion Period.  If the selected  winner’s entry cannot be validated, then an alternate may be selected.  The random drawing will be conducted  on or after June 3, 2019, by Prize Provider, whose decision is final.  The prize winner will be announced  on Friday,  June_7, 2019  The prize winner will be selected and announced on the Café Mocha radio show weekend of June 8 – 9, 2019 and will be notified by phone, email and by US Postal Service via Express Mail.

1. PRIZE.

 One (1) randomly selected winner and their one (1) guest (for a total of two (2) people that must be 21 years of age or over and will receive a trip to New Orleans, Louisiana from  July 5 - 8, 2019.

 

1. The prize consists of roundtrip, coach class air transportation from a major U.S. gateway airport nearest to the winner’s residence and flying into Louis Armstrong New Orleans International Airport, plus  3 days and (3) nights at 4A hotel accommodations one (1) room, double occupanc. Hotel determined at the sole discretion of Prize Providerand two (2) tickets for the winner and guest to attend the 2019 25thEssence Festival.  The approximate retail value of the prize is $3,500.00.

2. The trip does not include ground transportation (a) to and from the gateway airport nearest to the winner’s residence, (b) to and from Louis Armstrong New Orleans International Airport, (c) to and from the location(s) of the 2019 25thEssence Festival, (d) food, or (e) any incidentals.

3. The trip must be taken on dates specified by Prize Provider, or the prize will be forfeited and  Prize Provider will have no further obligation to such winner. Prize Providerreserves the right to change dates.  Winner and guest must travel together on the same flights and itinerary.  The winner’s guest must be of legal age of 21 or over.  Winner and guest must sign a liability/publicity release prior to issuance of travel documents. Travel must be made throughPrize Provider’s, agent and on a carrier of Prize Provider’schoice.

4. No transfer of the prize to any third party is permitted.

1. RULES

The General Promotion Rules (as detailed below) are part of and must be read in conjunction with these Official Rules. Should the General Promotion Rules conflict with the Official Rules, then the General Promotion Rules shall prevail.   Together the General Promotion Rules and Official Rules are collectively referred to as “Rules”.

GENERAL PROMOTION RULES

ADMINISTRATOR AND PROMOTIONAL ENTITIES. The Administrator for the Sweepstakes is Miles Ahead Entertainment, Inc.  (“MAE”), 3314 Spriggs Request Way, Mitchellville, Maryland  20721. The Administrator, Sponsor and Prize Provider are collectively referred to as “Promotional Entities”.

PROMOTION CHANGES. Administrator reserves the right to make changes in the rules of the Promotion at its sole discretion at any time without notice.

ENTRY SUBMISSIONS. Once submitted, an entry (“Entry”), cannot be deleted, canceled, or modified. Entries that are incomplete or illegible are void and will not be accepted. All Entries become the property of Administrator and/or Sponsor and will not be acknowledged or returned. Entrants attempting to use automated entry mechanisms or artifices will have their Entries voided and may be disqualified from all promotions operated by Promotional Entities.  Administrator is not responsible for the inability of any person to complete or transmit an Entry for the Sweepstakes for any reason, whether due to technical malfunction or humanerror. REPRESENTATIONS and WARRANTIES. Each person submitting an Entry (“Participant”), whether valid or not represents and warrants as follows: (i) the Entry is the Participant’s own original, previously unpublished, and previously unproduced work; (ii) the Entry does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Participant, and as of the date of entry, is not the subject of any actual or threatened litigation or claim; (iii) the Entry does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Entry does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Participant hereby agrees to indemnify and hold the Promotional Entities harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

GENERAL ELIGIBILITY RESTRICTIONS. This Promotion is subject to all federal, state and local laws and regulations. Unless otherwise defined in the Official Rules, this Promotion is offered and open only to legal U.S. residents of the Continental United States and the District of Columbia, twenty-one (21) years of age or older. Promotion is void in Puerto Rico and where prohibited by law. In any sixty (60) day period, only one (1) prize per household is allowed. Any prize won by the same individual, or by different individuals in the same household, beyond the first will be forfeited. “Household” shall include: (i) persons living at the same street address, either full or part time, whether or not such individuals are legally related and (ii) persons living at different street addresses that are related by birth or marriage.

OFFICIAL WINNER VALIDATION. In order for a potential winner to become an official winner, the Administrator must verify: (i) that the entrant was eligible to enter, (ii) that the potential winner was eligible to win the Promotion, and (iii) that the potential winner completed and returned any required documentation (as specified under “General Requirements To Be Official Winner”). Unless otherwise specified in the Promotion or the documentation package sent to the potential winner, documentation must be returned within five (5) days of receipt; otherwise, the potential winner is disqualified. Prize(s) will be awarded to potential winners only after validation, which shall be determined by the Administrator, in its sole discretion, and which shall be deemed final. A potential winner may decline a prize by notifying the Administrator or by not returning the required documentation in the specified time. In the event any winner is found to be in violation of these Rules, they will be required to forfeit the prize or to reimburse the Prize Provider for the stated value of a prize if such violation is found after the prize has been used by winner. Unless otherwise specified in the Promotion, should a potential winner not be validated, an alternate winner will not be selected.

GENERAL REQUIREMENTS TO BE OFFICIAL WINNER. Potential winners may be required to complete, execute, and return a documentation package within two (2) business days (or such period as specified in the Rules) sent to potential winners prior to the acceptance of the prize. Such documentation package may include an affidavit of eligibility, a liability release, a publicity release, an IRS Form W-9, a non-disclosure agreement, and such other documents as necessary. Some documents may require that the potential winner’s signature be notarized. Appropriate identification (including proof of U.S. residency) is required for all prizes. Failure to return complete and accurate documents in a timely manner, noncompliance with these Rules or return of a prize notification as non-deliverable, will result in forfeiture of the applicable prize.

PRIZES.

Odds of Winning. Unless stated otherwise, odds of winning depend upon the number of eligible entries received. Purchase of any products or services from Promotional Entities will not improve the odds of winning.

Approximate Retail Value. The approximate retail value (“ARV”) of prizes shall be determined in advance of awarding the prize.

Limitations on Prizes. No more than the number of prizes stated herein will be awarded and Administrator and Prize Provider reserve the right not to award all prizes. Administrator and Prize Provider reserve the right to substitute a prize of comparable or greater value in their sole discretion. All prize details are at Administrator’s sole discretion. Awarded prizes are only as detailed above and are not transferable or assignable. The winner may not substitute prizes. If multiple prizes are available, but of a different nature, such prizes shall be awarded in an order defined by the Administrator in advance. Unless otherwise specified by Administrator, all prizes will be mailed to the winner via U.S. mail, at the address provided by winner, and Promotional Entities assume no liability for late, lost, damaged or misdirected prizes.

Taxes on Prizes. The winner is required to comply with any and all applicable federal, state, and local laws, rules and regulations.  All federal, state and local taxes, and any other costs not specifically provided for in these Rules are solely the winner’s responsibility.  If the actual retail value of the Prize is $600 or more, the winner must complete IRS Form W-9 and supply Administrator with his/her social security number for tax purposes.  An IRS Form 1099 will be issued in the name of the winner for the actual value of the prize received.

Forfeited Prizes. Prizes that are unclaimed, undeliverable, or for which the potential winner has been disqualified, or for which the potential winner did not return their documentation as required will not be awarded unless another disposition is specifically identified in these Rules.

Game/Event Ticket Limitations. If provided in the prize, all game or event tickets are subject to standard rain check policies and procedures. Each winner agrees that game and event tickets are awarded pursuant to a revocable, nontransferable license personal to that applicable winner. Winner agrees not to sell, resell, auction, barter, assign, exchange, place in commerce, transfer, give away, donate or otherwise convey any game or event ticket received as a prize. A violation of these restrictions shall revoke the winner’s license, and the game and/or event tickets will not be honored.

No Warranties on Prizes: The Promotional Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Promotion. Without limiting the generality of the foregoing, such prizes are provided “as is” without warranty of any kind, either express or implied, and the Promotional Entities hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement.

RELEASES. All Participants agree that Promotional Entities and each of their respective parent companies, subsidiaries, affiliates, partners, officers, directors, employees, independent contractors, salespeople, representatives and agents (collectively, the “Releasees”) are released from all liability whatsoever, and will be held harmless by Participant, from and against any and all claims, actions and/or liability for injuries, losses or damages of any kind to any person, including without limitation, death and property, resulting in whole or in part, directly or indirectly from the acceptance, possession, use or misuse of the prize, participation in a Promotion-related activity, or participation in this Promotion. Participants acknowledge that Promotional Entities have not made, or are in any manner responsible for, any warranty, representation, guarantee, express or implied, in fact or in law, relative to the Promotion.

USE OF NAME AND LIKENESS. By participating in this Promotion, Participants consent to the Promotional Entities’ use of their name, portrait, picture or other likenesses, hometown, state of origin, information from their entry, and voice in any and all media now or hereafter known for publicity, advertising and promotional purposes worldwide in perpetuity without additional compensation, notification or permission and without the right of review. Further, participants agree that Promotional Entities may contact entrants, winners, and their associates and disclose personal information obtained from them in this Promotion to affiliated entities and use this information for marketing and other purposes.

GRANT of RIGHTS. For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Participant hereby irrevocably grants the Promotional Entities, their successors and assigns, a non-exclusive license (but not the obligation) to reproduce, publicly perform, stream, exploit and otherwise use the Entry throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. The Promotional Entities shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter the Entry for any purpose which the Promotional Entities deem necessary or desirable, and Participant irrevocably waives any and all so-called moral rights they may have therein. The Promotional Entities shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Promotional Entities shall retain the rights granted in the Entry even if the Entry is disqualified. If Promotional Entities shall desire to secure additional assignments, certificates of engagement for the Entry or other documents as Promotional Entities may reasonably require in order to effectuate the purposes and intents of these Rules, then Participant agrees to sign the same upon Promotional Entities’ request therefore.

LIMITS OF LIABILITY. Releasees assume no responsibility and disclaim all liability for any lost, late, incomplete, inaccurate, stolen, misdirected, delayed, mis-delivered or undelivered item sent by mail, courier, express, electronic transmission, or other delivery method. Lost prize checks will not be resent. The Releasees are not responsible for any incorrect or inaccurate entry information, whether caused by any of the equipment associated with or utilized in the Promotion, and the Releasees assume no responsibility for any error, omission, interruption, defect, failure, malfunction or delay in operation or transmission or any problems or issues related to the Internet related to the Promotion, or for any damage to participant’s or any third party’s phone lines, telephone systems wireless phone/handset or other device, problem or issues with cellular equipment towers, telephone systems or wireless services, Internet or for theft or destruction, tampering, or unauthorized access to entry information, or for entries, submissions which are late, delayed, misdirected, inaccurate, incomplete or, inaudible, disconnected (or any combination thereof) or in any other media for form, print or otherwise, or for preemption or cancellation of radio program, errors related to technical, network, typographical, Internet nomination, human or other errors or problems relating to or in connection with Promotion, including, without limitation, errors or problems which may occur in connection with the administration of the Promotion, the acceptance of the Entries, the announcement of prizes or in any Promotion-related materials. If, for any reason, the Promotion is not capable of running as planned by reason of tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of the Administrator, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion (or any portion thereof). Any attempt to defraud Promotional Entities, in any way, will result in disqualification of participant, and such participant will be prosecuted to the fullest extent of the law. In no event will the Releasees be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your participation in the promotion.

NATURE of RELATIONSHIP and WAIVER of INJUNCTIVE RELIEF. Participant hereby acknowledges and agrees that the relationship between the Participant and the Promotional Entities is not a confidential, fiduciary, or other special relationship, and that the Participant’s decision to provide the Entry to the Promotional Entities for purposes of the Promotion does not place the Promotional Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entry. Participant understands and acknowledges that the Promotional Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Participant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Entry and/or each other in theme, idea, plot, format or other respects. Participant acknowledges and agrees that such Participant will not be entitled to any compensation as a result of any Promotional Entity’s use of any such similar or identical material. Participant acknowledges and agrees that the Promotional Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry. Finally, Participant acknowledges that, with respect to any claim by Participant relating to or arising out of a Promotional Entity’s actual or alleged exploitation or use of any Entry or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the Participant will not be irreparable or otherwise sufficient to entitle Participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Entry or any other production based on or allegedly based on the Entry, and Participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law

TRADEMARKS AND SERVICE MARKS. Any trademarks used in this Promotion are the property of the respective trademark owners and are used for identification purposes only.

OTHER RULES AND CONDITIONS. Unless otherwise specifically noted, all times in these rules refer to Eastern Time. All headings contained in these Rules are for reference purposes only and shall not be deemed to limit, cover, or in any way affect the scope or meaning of these Rules or any part thereof.

GOVERNING LAW AND VENUE. All Participants (a) agree to be bound by these Rules; (b) acknowledge that they agree that the laws of the State of Maryland shall govern this Promotion, without respect to the Conflict of Law Doctrines; and (c) agree to submit any disputes or conflicts to the courts of competent jurisdiction in Prince Georges County, Maryland.