John Summit NYE Sweepstakes

John Summit NYE Sweepstakes

Official Rules (“Official Rules”)

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE OR INCREASE YOUR CHANCES OF WINNING.  THIS SWEEPSTAKES IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND WILL BE GOVERNED BY U.S. LAW. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH META PLATFORMS, INC.  

  1. Description. The John Summit NYE Sweepstakes (the “Sweepstakes”) begins on December 30, 2024 at 12:00:01 p.m. Pacific time (“PT”) and ends on December 31, 2024 at 9:00:01 a.m. PT  (“Sweepstakes Period”). By participating in the Sweepstakes, each entrant agrees to comply with and abide by these Official Rules and the decisions of John Summit LLC, 209 East 31st Street, New York, NY 10016 (“Sponsor”), which shall be final and binding in all respects. 

  2. Eligibility. The Sweepstakes is open to legal residents of the United States and the District of Columbia, who are at least twenty-one (21) years of age at the time of entry, and who have a public Instagram account. Obtaining an Instagram account is free of charge. To sign up for an Instagram account, download the mobile app or visit www.instagram.com. Instagram’s Terms of Use apply. Employees of Sponsor, and its parent companies, affiliates, subsidiaries, partners, advertising and promotion agencies or other companies associated with the Sweepstakes (collectively, “Sweepstakes Entities”) and their immediate family members (defined for these purposes as including spouse, parents, children, and siblings and each of their respective spouses) and/or those living in the same household of each are not eligible to participate.  All federal, state and local laws and regulations apply.  

  3. How to Enter. During the Sweepstakes Period, (i) log into your personal Instagram account and ensure your account is set to public during the Sweepstakes Period, (ii) view Sponsor’s Sweepstakes Instagram in-feed post to be posted at the following social handle: @johnsummit (“Sweepstakes Post”), (iii) “like” the Sweepstakes Post, and (iv) tag one (1) friend of yours by leaving a comment on the Sweepstakes Post and include the hashtag #JohnSummitSweepstakes. By completing the foregoing, you will receive one (1) entry into the Sweepstakes.  Upon submission of an entry, the participant shall be entered into the Sweepstakes (each, an “Entrant”). LIMIT: ONE (1) ENTRY PER PERSON.

Any Entrant found using multiple social media accounts to enter or participate in this Sweepstakes will be ineligible to participate in the Sweepstakes and all affiliated entries will be disqualified.  All properly completed entries will automatically be entered into the Sweepstakes, subject to the limit per person. Only entries submitted during the Sweepstakes Period as described herein will be eligible. Incomplete, corrupted, false, late, or inappropriate entries will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the Instagram account used to submit an entry will be deemed to be the Entrant.  The “authorized account holder” is the natural person assigned an email address or social media account by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media accounts for the domain associated with the email address used to register the Instagram account.  The potential winner may be required to show proof of being the authorized account holder of the Instagram account associated with the winning entry. Automated entries are prohibited, and any use of automated devices will cause disqualification.

Entries become the property of Sponsor and none will be returned. Sponsor is not responsible for incorrect, inaccurate, or illegible entry information for any reason.  Those who do not follow all of the instructions set forth herein (including failure to include the required hashtags or comply with the Submission Requirements set forth herein) or abide by these Official Rules or other instructions of Sponsor may be disqualified.  Friend(s) tagged in a winning entry will not receive any Prize in connection with the Sweepstakes by virtue of being tagged in a winning entry. 

All entries must comply with the following submission requirements set forth below (“Submission Requirements”):

  • Entry must comply with these Official Rules and Instagram’s Terms of Use;

  • Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity; 

  • Entry cannot promote illegal drugs, tobacco, e-cigarettes, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message, or any activity which promotes excessive drinking, binge drinking, drinking beyond the legal permissible limit, etc.;

  • Entry cannot include any materials relating to lotteries or gambling;

  • Entry cannot be obscene or offensive, endorse any form of hate or hate group;

  • Entry cannot defame, misrepresent or contain disparaging, libelous, tortious or slanderous remarks about Sponsor, its products or services, or other people, products or companies;

  • Entry cannot include mention or contain performance of any copyrighted media production, including, but not limited to, music, films, books, television programming, etc., or identifying descriptions of any media property, except to the extent that such use constitutes a clear fair use, or the copyright owner has expressly consented to such use;

  • Entry cannot contain material that violates or infringes another's rights, including, but not limited to, material that violates privacy, publicity, or intellectual property rights, or that constitutes copyright infringement. Entries must not include third-party trademarks, logos, insignia, location signage, photographs, artwork, sculptures, music, or images of any kind;

  • Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and

  • Entry cannot depict, and cannot itself, be in violation of any law.

    4. Drawing and Winner Notification. At the close of the Sweepstakes Period, on or about December 31, 2024, Sponsor will randomly select one (1) entry from all eligible entries received during the Sweepstakes Period as the potential winner, for a total of one (1) winner. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. Sponsor’s decisions will be final in all matters relating to this Sweepstakes. Sponsor will notify the potential winner via Instagram direct message (“DM”) and the potential winner must respond to Sponsor confirming their intent to accept the Prize (defined below) by providing their email address to Sponsor via DM within two (2) hours of Sponsor’s DM notification. Upon confirmation, Sponsor will require the potential winner to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release, and other required documents by Sponsor, including but not limited to documents related to travel and the potential winner’s accompanying guest(s) (“Winner Documents”), as well as an IRS Form W-9 within three (3) hours of issuance, or the Prize may be forfeited and awarded to an alternate winner. If the potential winner is found to be ineligible, or if they have not complied with these Official Rules or decline the Prize (defined below) for any reason, such Prize (defined below) will be forfeited. If a potential winner cannot be reached (regardless of reason), does not respond within the designated time, or any Prize (defined below) notification is returned as undeliverable for any reason prior to award, the potential winner forfeits the Prize (defined below) and Sponsor may award the Prize (defined below) to an alternate winner selected by a random drawing from among all remaining eligible entries received.  Up to three (3) alternate drawings will be held, after which the Prize(s) (defined below) will remain un-awarded. By accepting a Prize (defined below), winner acknowledges compliance with these Official Rules. 

    5. Odds. Odds of winning a Prize (defined below) depend on the total number of eligible entries received during the Sweepstakes Period.

    6. Prize Details and Related Terms. One (1) winner will receive the following prize (collectively, the “Prize”):

    1. Flight: Round-trip air transportation for winner and three (3) guests via private jet on departure from San Diego International Airport (SAN) to Phoenix Sky Harbor International Airport  (PHX) and via domestic, coach class on return from PHX to SAN (approximate retail value (“ARV”): $600);

  • Ground Transportation: Ground transportation from PHX to Event and Hotel (ARV: $100);

  • Hotel: Two (2) standard, double occupancy hotel rooms (“Hotel”) for one (1) night on December 31, 2024 (ARV: $400);

  • VIP Tickets: Up to four (4) VIP tickets (one (1) VIP ticket for the winner and up to three (3) VIP tickets for winner’s guest(s)) to attend a NYE 2024 music festival in Phoenix, AZ (“Event”) (ARV: $100);

  • Allowance: $1,000 cash allowance (ARV: $1,000). 

Total ARV of the Prize: $2,200.

Winner and guests must depart from SAN on December 31, 2024. Sponsor’s flight schedule is subject to change without notice. If in the judgment of Sponsor, air travel is not required due to winner’s proximity to the Event, ground transportation will be substituted for one-way travel at Sponsor’s sole and absolute discretion. The difference in value will not be awarded to the winner or their guest(s). VIP tickets to the Event valid for entry on December 31st. Reservations are subject to availability. Travel and hotel accommodations must be reserved and/or confirmed through Sponsor or otherwise as directed by Sponsor, in its sole discretion. If winner wishes to travel alone or with less than three (3) guests, Prize items awarded to non-participating guests will be forfeited, and the Prize is subject to adjustment in Sponsor’s sole discretion. Guest(s) must be twenty-one years of age or older. No refund or compensation will be provided in the event winner chooses to travel without guest(s). Prize cannot be transferred or substituted except at Sponsor’s sole discretion. 

Winner and guest(s) will abide by and be subject to these Official Rules and the terms and conditions set forth in the flight reservation contract, Event ticket contract, and Hotel terms and conditions.  Sponsor’s flight schedules are subject to change without notice.  Prize or any component thereof cannot be combined with any other offer or promotional fare.  Once any reservations have been confirmed, no changes are permitted. If any reservation relating to the Prize is cancelled by the winner, no alternative reservations will be issued and the Prize will be deemed to have been forfeited without payment of any compensation or refund.  All Prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions may apply.  Selection of airline and/or aircraft and hotel accommodations are solely within Sponsor’s discretion.  All airline tickets and ground transportation (if applicable) itineraries are subject to flight variation, work stoppages, and schedule or route changes, as applicable.  Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, Prize providers or any other persons providing any Prize-related services or accommodations.  Additional Prize award details and travel information to be provided to the Winner at the time of notification.   Winner and their guests, as applicable, are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.  

All expenses and costs not expressly stated in the Prize description above, including but not limited to meals, tips, incidentals, passenger tariffs or duties, surcharges, airport fees, baggage fees, service charges or facility charges, personal charges at lodging, security fees, passport and/or travel document(s), and insurance requirements, state, federal or local taxes of any kind, or other expenses are solely the responsibility of winner and guest(s).  Neither winner nor guest(s) are entitled to frequent flyer miles or hotel loyalty/reward points in connection with the Prize.  Winner and guest(s) must each have a valid passport or valid travel documents (e.g., a valid U.S. driver’s license) as of the date of departure.  Guest(s) must travel on the same flight on the same date as the winner and must execute Winner Documents as required by Sponsor and return it prior to issuance of travel documents or Prize items in order to accompany winner on trip.  Once travel guests are selected, they may not be substituted, except in Sponsor’s sole and absolute discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, vouchers, certificates, or other materials related to the Prize.  Terms and conditions of all tickets apply.  Sponsor is not liable for delays, cancellation or unforeseen events related to the flight, Hotel, or Event.  Winner and guest(s) will be solely responsible for obtaining valid identification (including but not limited to passports and/or driver’s licenses) relating to acceptance and use of the Prize.  Actual value of Prize may vary based on transportation fluctuations and distance between departure and destination.  Winner will not receive difference between actual and approximate retail value.  Sponsor is not liable for any loss or damage caused by incomplete or missing travel documentation. 

No transfer, refund, substitution, or replacement of Prize permitted, except that the Sponsor reserves the right, in its sole discretion, to substitute the Prize or any component thereof for a prize of equal or greater value (or cash equivalent). Any portion of the Prize not accepted or unclaimed and/or unused by winner will be forfeited. Prize or any component thereof cannot be redeemed for cash unless otherwise provided in these Official Rules or at Sponsor’s sole discretion. Winner agrees that the Prize is personal to the winner and their guest(s) and may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed. No more than the stated number of Prizes will be awarded. 

7. Publicity. Acceptance of the Prize constitutes permission to the Sponsor and its agents to use the winner’s name and/or likeness, image, Prize information, photograph, voice, comments, and other indicia for purposes of advertising and trade without further notice, permission, or compensation, unless prohibited by law. If requested, Entrant will sign and return a publicity release and such other documents as may be required pursuant to these Official Rules. 

8. Taxes. Any valuation of the Prize and every component thereof is based on available information provided to the Sponsor. The value of the Prize and every component thereof will be taxable to the winner as income. All federal, state, and local taxes and any other costs and expenses associated with the acceptance and/or use of the Prize not specifically provided for in these Official Rules are solely the winner’s responsibility. The winner is solely responsible for reporting and paying any and all applicable taxes. You must contact your own tax advisor for any questions concerning taxes. 

9. Release of Liability. Entrants, winner, and guest(s) agree to forever and irrevocably release, defend, indemnify, and hold harmless Sweepstakes Entities, SmartJet Travel, John Summit, Meta Platforms, Inc., and each of their employees, contractors, customers, partners, agents, directors, subsidiaries and affiliates, distributors, and sales representatives (collectively, the “Released Parties”) from and against any and all claims or cause of action, including, but not limited to, personal injury, death, or loss or damage that may arise in connection with: (a) participation in the Sweepstakes including but not limited to, Prize-related activities any and all travel related thereto, submission of an entry and/or acceptance, receipt, possession, use or misuse of a Prize, and any claims based on publicity rights and intellectual property rights; (b) typographical or any other error in these Official Rules or any Sweepstakes materials; (c) any change in Prize; (d) any interruptions in or postponement, cancellation or modification of the Sweepstakes or any part thereof, including but not limited to the Event; or (e) any interruption or inability to access the Sweepstakes or any online service via the Internet.  ELIGIBLE PERSONS, ENTRANTS, AND WINNER AND GUEST(S) ASSUME ALL RISK AND DANGER OF PROPERTY DAMAGE, DEATH, OR PERSONAL INJURY AND ALL OTHER HAZARDS ARISING FROM OR RELATED IN ANY WAY TO THE PRIZE AND/OR PARTICIPATION IN THIS SWEEPSTAKES. BY ACCEPTING THE PRIZE, WINNER AND GUEST(S) ACCEPT THE RISK IN ANY TRAVEL PLANNED OR USED, PARTICIPATION IN ANY COMPONENT OF THE PRIZE, AND ENTERING THE SWEEPSTAKES, AND ACKNOWLEDGE THAT THEIR PARTICIPATION IN IS VOLUNTARY, ACKNOWLEDGE THAT THERE ARE FACTORS AND OCCURRENCES WHICH MAY IMPACT OR AFFECT THE SAFETY OF THE ACTIVITIES THEY ARE PARTICIPATING IN AND THEY ASSUME THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH. 

10. Additional Terms. The Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) which may limit one’s ability to enter the Sweepstakes, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in connection with this Sweepstakes.  Sponsor is not responsible if Sweepstakes cannot take place or if any Prize cannot be awarded due to cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes beyond Sponsor’s reasonable control. 

Sponsor reserves the right, at its sole discretion, to cancel, modify or suspend the Sweepstakes or any portion hereof, or to disqualify any individual implicated in any of the following actions for any reason, including: (a) infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, actions by entrants, including, without limitation, the use of bots or any other attempt to create “likes” or other indicia of social media influence, technical failures, or any other causes which, in Sponsor’s sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, (b) the Sweepstakes or any website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper processing of entries per these Official Rules, or (c) the Sweepstakes is otherwise not capable of running as planned by Sponsor.  In the event of modification or suspension, Sponsor shall award the Prize to a winner to be selected in a random drawing from among the remaining uncorrupted eligible entries. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives or Released Parties. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

11. Limitation of Liability; Disclaimer of Warranties. The Released Parties are not responsible for: (1) late, incomplete, stolen, misdirected, postage due or undeliverable DMs, email notifications, or postal mail; (2) any computer, telephone, network, electronic or Internet-related malfunctions, failures, connections or availability; (3) any technical, mechanical, printing, typographical, human, or any other error in these Official Rules, processing of entries, or completion or submission of entries; (4) unauthorized human intervention in any part of the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s and/or their guests’ participation in the Sweepstakes or receipt or use or misuse of any Prize or any component thereof.  The Released Parties are not responsible for any incorrect or inaccurate information, whether caused by any website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website or any Sweepstakes-related website(s) or channel(s). 

WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES, ANY SWEEPSTAKES-RELATED WEBSITE OR CHANNEL, AND THE PRIZE AND ANY COMPONENT THEREOF ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS PERMITTED BY LAW.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INABILITY ON THE PART OF THE WINNER OF A PRIZE TO TRAVEL AS SCHEDULED DUE TO WEATHER CONDITIONS, FIRE, NATURAL DISASTER, INDUSTRIAL OR LABOR DISPUTE, WAR, TERRORIST ACTIVITY, HOSTILITIES, POLITICAL UNREST, RIOTS, CIVIL COMMOTION, OR ANY OTHER CIRCUMSTANCES BEYOND THE CONTROL OF THE RELEASED ENTITIES.

CAUTION:  ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR CHANNEL OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.  THIS SWEEPSTAKES IS INTENDED FOR PARTICIPATION IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED ONLY ACCORDING TO UNITED STATES LAW.

12. Disputes. By participating in the Sweepstakes, each entrant agrees that any disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any Prize shall be resolved individually, without resort to any class action and all claims, awards and judgments shall be limited to actual out of pocket costs incurred, including costs associated with participating in the Sweepstakes, but in no event attorneys’ fees. No participant is permitted to obtain any award for, and waives all rights to claim punitive, incidental, or consequential damages. Except where prohibited, all issues and questions concerning the validity, construction, and enforceability of these Official Rules, or the rights and obligations of the participants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New York without giving effect to any choice of law or conflict of law rules (whether of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.  In addition, any dispute relating to the Sweepstakes or Official Rules shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.

13. Winners List. For the name of the winner of the Sweepstakes, send an email with the subject line “John Summit NYE Sweepstakes Winner’s List” to metatone@johnsummitmusic.com. Requests for a winner’s list must be received within ninety (90) days after the Sweepstakes Period.