CD Baby “Like and Follow”

Official Rules

1. Eligibility: CD Baby Like and Follow (the “Promotion”) is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry (“Entrants”). Employees of CD Baby and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

2. Sponsor: Audio and Video Labs, Inc., d/b/a CD Baby, with offices at 9600 NE Cascades pkwy, Portland, OR 97220.

3. Agreement to Official Rules: Participation in this Promotion constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.

4. Timing: The Promotion begins on February 6th, 2019, at 12:00 a.m. United States Pacific Time (“PT”), ends on February 12, 2019 at 11:59 p.m. PT (the “Promotion Period”) Instagram LLC’s servers are the official time-keeping device for this Promotion.

5. How to Enter: To participate you must have an Instagram account and it must be public so that your posts are viewable to the Sponsor and its agents. Instagram accounts are free; but subject to its Terms of Service: http://instagram.com/legal/terms/. NO PURCHASE NECESSARY. ODDS AND CHANCE OF WINNING DEPEND ON THE NUMBER OF SUBMISSIONS, AS VISIBLE FROM THE PROMOTION POST.

To submit an entry, take the following steps:

1. Identify the photo post that Sponsor identifies as the official “CD Baby Like and Follow” post (the “Promotion Post”);
2. Like the photo post;
3. Tag a musician that you know would like to know about the Promotion; and
4. Follow CD Baby on Instagram.
5. Follow link in Bio to submit email address

By submitting an entry (referred herein as your “Submission”), you agree that you believe in good faith that the account you tag (“Tagged Account”) in the Submission is both an account of a musician and someone that would want to know about the Promotion. Sponsor, in its sole discretion, may remove, alter, or delete submissions if the Tagged Account requests that Sponsor remove, alter, or delete the tag.

6. Limit: Each entrant may upload five (5) Submissions per Weekly Entry Period during the Promotion Period. Each Submission must be unique to qualify as an entry. Submissions received from any person or Instagram account in excess of the stated limit will be void. Submissions generated by script, macro or other automated means are void. In the event of a dispute as to any Submission, the authorized account holder of the Instagram account used to register will be deemed to be the Entrant and must comply with these Official Rules. Each Entrant may be required to show proof of being an authorized account hold

7. Winner Determination: After the Promotion Period, Sponsor shall use so called “random account selecting technology” to determine the winner (“Winner”) at random.

8. Winner Requirements: Potential Winners will be notified by Sponsor through Instagram Direct within two weeks of the end of the Promotion Period. The Winner will be required to provide his/her full name, valid email address, mailing address and birthdate within two (2) days of the date notice is sent through Instagram Direct, in order to claim the prize. If the Winner cannot be contacted, fails to provide any the requested information within the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, the Winner forfeits the prize. If the Winner is disqualified for any reason, the prize may be awarded to a runner-up as determined again according to Winner Determination. Only three (3) runner-up winners may be determined, after which the applicable prize will remain un-awarded.

9. Sponsor’s Use of Submissions: FOR ENTRANTS AND WINNER: by entering this Promotion, you agree the Sponsor may copy, reference, store, link, repost and use your Submission, including in any form that may be considered a derivative of the original Submission, in any way that Sponsor sees fit.

10. Prize: (ONE) FREE SINGLE through CD Baby Distribution, UPC not included. Expires one year from coupon delivery.

11. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Instagram, LLC, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.

12. Publicity: Acceptance of any prize shall constitute and signify the Winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, (and or province) likeness, photo (including Social Account profile photo), Submission and/or prize information in connection with the Promotion for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.

13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other Promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision

14. Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Promotion; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Promotion, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Promotion-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Promotion or receipt or use or misuse of any prize (including any travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

15. Disputes: Except where prohibited, Entrant agrees that: (1) 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, and exclusively by the state and federal courts located in Multnomah County, Oregon, and you and CD Baby hereby submit to the personal jurisdiction and venue of these courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. 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 State of Oregon, without giving effect to any choice of law or conflict of law rules (whether of the State of Oregon or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Oregon.

16. Entrant’s Personal Information: Information collected from entrant is subject to Sponsor’s Privacy Policy https://store.cdbaby.com/privacy.

17. Winner Result: To see the Winner, see the relevant Winner post on Instagram Stories from CD Baby or email marketingaccounts@cdbaby.com for Winner information.

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram, LLC.