SPOTIFY WEAR BLACK HISTORY SWEEPSTAKES OFFICIAL RULES NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. By entering the Spotify Wear Black History Sweepstakes (the Sweepstakes ) you (or, if a minor in your place of residence, your parent or legal guardian on your behalf) agree to abide by all terms and conditions referenced in these Official Rules. 1) ELIGIBILITY: This Sweepstakes is only open to legal residents of the fifty (50) United States or the District of Columbia, who are 18 years of age or older at the time of entry. Employees of Spotify USA Inc. ( Spotify ) ( Sponsor ), GMR Marketing LLC ( GMR ) ( Administrator ), and any promotion or other vendor agency involved in this Sweepstakes (and any other person engaged to work on this promotional program) and each of the above s respective affiliates (collectively, the Released Parties ) and the household and immediate family members (defined for the purposes of this Sweepstakes as a parent, spouse, child, and sibling) of such employees are not eligible to enter or win. Sweepstakes is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law. 2) TIMING: This Sweepstakes begins at 9:00 a.m. Eastern Time ( ET ) on February 26, 2019 and ends at 11:59 p.m. ET on February 26, 2019 (the Sweepstakes Period ). 3) HOW TO ENTER: To enter the Sweepstakes, you must first (i) visit www.blackhistoryisnow.com (the Website ); (ii) click the designated area to navigate to the full collection of merchandise; (iii) click on an image of a specific merchandise item for which you wish to submit an entry; and (iv) then click the designated button to enter into the Sweepstakes by completing the Official Online Entry Form with your first and last name, address, city, state, zip code, daytime phone number, date of birth, shirt size, and pant size, verify eligibility, accept the Official Rules and Spotify s Privacy Policy, and click Submit during the Sweepstakes Period. a) Entry Limit: Limit one (1) entry per person, per merchandise item during the Sweepstakes Period. For clarification, a total of seven (7) entries (one (1) entry per merchandise item) may be submitted during the Sweepstakes Period. The use of automated devices to enter this Sweepstakes is prohibited. The Released Parties assume no responsibility for lost, late, or misdirected entries or any computer, online, telephone, or technical malfunctions that may occur. All entries become Sponsor s property and will not be returned. 4) WINNER SELECTION/PRIZES: On or around February 27, 2019, a total of one hundred (100) Grand Prize winners (as detailed below) will be randomly selected from among all eligible entries received during the Sweepstakes Period. All random drawings will be conducted under the supervision of Sponsor, whose decisions are final. Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. 1
a) Thirteen (13) Grand Prize #1: One (1) hooded sweatshirt designed by Joy Miessi (hooded sweatshirt sizing, features, design, and all other aspects of the hooded sweatshirt will be determined at the sole discretion of the Sponsor). The Approximate Retail Value ( ARV ) of each Grand Prize #1 is $75. b) Thirteen (13) Grand Prize #2: One (1) jogger pants designed by Joy Miessi (jogger pants sizing, features, design, and all other aspects of the jogger pants will be determined at the sole discretion of the Sponsor). The ARV of each Grand Prize #2 is $70. c) Twenty (20) Grand Prize #3: One (1) crossbody bag designed by Joy Miessi (crossbody bag features, design, and all other aspects of the crossbody bag will be determined at the sole discretion of the Sponsor). The ARV of each Grand Prize #3 is $45. d) Thirteen (13) Grand Prize #4: One (1) short-sleeved t-shirt designed by Brandan BMike Odums (short-sleeved t-shirt sizing, features, design, and all other aspects of the short-sleeved t-shirt will be determined at the sole discretion of the Sponsor). The ARV of each Grand Prize #4 is $45. e) Thirteen (13) Grand Prize #5: One (1) long-sleeved t-shirt designed by Joy Miessi (long-sleeved t-shirt sizing, features, design, and all other aspects of the long-sleeved t- shirt will be determined at the sole discretion of the Sponsor). The ARV of each Grand Prize #5 is $45. f) Thirteen (13) Grand Prize #6: One (1) short-sleeved t-shirt designed by Brandan BMike Odums (short-sleeved t-shirt sizing, features, design, and all other aspects of the short-sleeved t-shirt will be determined at the sole discretion of the Sponsor). The ARV of each Grand Prize #6 is $35. g) Fifteen (15) Grand Prize #7: One (1) hat designed by Joy Miessi (hat sizing, features, design, and all other aspects of the hat will be determined at the sole discretion of the Sponsor). The ARV of each Grand Prize #7 is $30. h) Approximate Retail Value of all prizes combined: $4,860. Prizes are not redeemable for cash, different merchandise items, or a merchandise items of a different size. No substitution, transfer, or assignment of prize permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value. Any and all federal, state, and local taxes related to a prize are solely the responsibility of the winner and Sponsor will comply with all tax reporting requirements. All other expenses not specified as part of prize description are solely the winner s responsibility. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer s terms and conditions, and winners agree to look solely to such manufacturers for any such warranty or guarantee claim. Certain conditions and restrictions apply. 5) WINNERS: The Grand Prize winners will be notified and Grand Prizes will be fulfilled as follows: 2
a) Grand Prize Winners: The Grand Prizes will be shipped within four (4) to six (6) weeks following winner selection to the address each Grand Prize winner provided at the time of entry on their Official Online Entry Form. Return of any prize as undeliverable may result in disqualification and forfeiture of the prize and an alternate winner may be randomly selected as a Grand Prize winner, time and circumstances permitting. b) Publicity Release: Winners further grant to Sponsor the right to use and publish their proper names and/or states online, in print, and in any other media in connection with the Sweepstakes. Acceptance of a prize constitutes permission for Sponsor to use a winner s names and likenesses for advertising and promotional purposes without notice, review, approval or additional compensation unless prohibited by law. 6) ADDITIONAL TERMS: By entering, entrant agrees to accept and abide by the Official Rules of this Sweepstakes and agrees that any dispute with regard to the conduct of this Sweepstakes, rule interpretation, or award of prize, shall be resolved by Sponsor, whose decision shall be binding and final. By entering, entrant agrees to be notified using the contact information provided in the entrant s Official Entry Form by the Sponsor and/or GMR for the purposes of the administration of this Sweepstakes. All federal, state, and local laws and regulations apply. By participating, entrant agrees to release and hold harmless the Released Parties from any injury, loss or damage to person, including death or property damage due in-whole or in-part, directly or indirectly to the acceptance, use, or misuse of a prize, participation in any Sweepstakes-related activity, or participation in the Sweepstakes. The Released Parties are not responsible for any typographical or other error in the printing of this offer, administration of the Sweepstakes or in the announcement of prizes, including such error as may give an erroneous indication that a prize has been won. In the event the Sponsor is prevented from continuing with this Sweepstakes, or the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, or local government law, order or regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor s control (each a Force Majeure event), the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel, or terminate the Sweepstakes without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate the Sweepstakes as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to randomly select the winner(s) from among all valid and eligible entries received up to the time of such Force Majeure event. 7) DISPUTES/GOVERNING LAW: All disputes concerning the construction, interpretation, validity, effect, and enforceability of these Official Rules will be governed by the laws of the state of New York without regard to conflicts of laws provisions. Entrant (i) agrees that exclusive jurisdiction over any legal action arising out of or in connection with the Sweepstakes will be in state or federal courts located in or nearest to state of New York and by entering consents to such jurisdiction and venue; (ii) consents to resolve any such claims individually and without resort to class action; and (iii) agrees that all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney s fees 3
or punitive, incidental, consequential, or any damages other than actual out-of-pocket expenses. 8) INTERNET: If for any reason the Internet portion of this Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify, or suspend this Sweepstakes. In any such event, Sponsor, at its sole discretion, will randomly select the winner(s) from eligible, non-suspect entries received prior to the event requiring such termination, suspension or cancellation. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant s or any other person s computer related to or resulting from participation or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW. Entries made by Internet will be declared made by the authorized account holder of the email address submitted at time of entry. Authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. 9) USE OF DATA: Any personal data relating to entrants will be used solely in accordance with Spotify s Privacy Policy, which is located at https://www.spotify.com/us/legal/privacypolicy/. Please note that by entering, you are accepting these Official Rules and the terms of the Privacy Policy. Entrants data will be used by Spotify USA Inc. (45 West 18 th Street, 7 th Floor, New York, NY 10011), by GMR Marketing LLC (5000 S. Towne Drive, New Berlin, Wisconsin 53151), and by any of their representatives or employees for the use and purposes to run the Sweepstakes as provided in these Official Rules. 10) WINNERS LIST: For the names of the Grand Prize winners, send a self-addressed, stamped envelope to: Spotify Wear Black History Sweepstakes Winners List, Attn: Promotions Department, 5000 South Towne Drive, New Berlin, WI 52151 postmarked by April 19, 2019 and received by April 26, 2019. 11) SPONSOR: This Sweepstakes is sponsored by Spotify USA Inc., 45 West 18 th Street, 7 th Floor, New York, NY 10011. 4
12) ADMINISTRATOR: This Sweepstakes is administered by GMR Marketing LLC, 5000 South Towne Drive, New Berlin, WI 53151. 5