May 10, 2023

Official Rules For 2023 Carrie Underwood Fan Club Party Denim & Rhinestones Fashion Contest

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. YOU MUST BE 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. YOU REPRESENT AND WARRANT THAT BEFORE SUBMITTING ANY ENTRY INTO THE CONTEST, YOU HAVE REVIEWED AND ACCEPTED THESE OFFICIAL RULES IN THEIR ENTIRETY AND AGREED TO PARTICIPATE.  

  1. The 2023 Carrie Underwood Fan Club Denim & Rhinestones Fashion Contest (the “Contest”) is intended for legal residents of the United States of America and shall only be construed and evaluated according to U.S. law. Do not enter this Contest if you are not located in the U.S. at the time of entry. 
  2. CONTEST SPONSOR: The Official Carrie Underwood Fan Club, Sparkart Group, Inc., and their respective affiliates and subsidiaries, advertising and promotional agencies, suppliers of prizes, material and services related to this Contest (collectively, “Sponsor and its Agents”).
  3. ELIGIBILITY: The Contest is open to legal U.S. residents residing in the fifty (50) United States (including the District of Columbia) who are at least thirteen (13) years of age or the age of majority, in their respective states of permanent residence at the time of entry (the “Entrants”). An entrant who is a minor in his/her state or province of residence must have the signed, written consent and all required paperwork completed by his/her parent or legal guardian in order to participate. Sponsor, Administrator, their respective affiliated entities, and members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above, (collectively, the “Released Parties”) are NOT eligible to participate in this Contest. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Confirmation to participate in the Contest does not guarantee participation in the live event.
  4. AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. 
    1. All required information must be provided to enter and to be eligible to participate and win. Incomplete entries will be disqualified. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Contest and for other purposes as set forth below.
    2. Each Entrant must be a natural person.
    3. Any incorrect or incomplete entry is void. Any attempt by any Entrant to obtain entries by using multiple and/or different identities, registrations or logins, or any other methods will void that Entrant’s entries and that Entrant will be disqualified from the Contest.
  5. GENERAL CONDITIONS: 
    1. If for any reason the operation or entry into this Contest is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the 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 the Contest in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification, or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. 
    2. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE, APPLICATION, OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.  In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the Authorized Account Holder of the email address submitted at time of entry. 
  6. RELEASE AND LIMITATIONS OF LIABILITY: 
    1. By participating in the Contest, Entrants agree to release, indemnify, hold harmless, defend, and protect (with counsel selected by Released Parties), the Released Parties from and against any claim, action, loss, expense, or demand, including reasonable attorneys’ fees and court costs, arising out, in connection with, or in any way relating to, the Contest or receipt or use of any prize.  
    2. Entrant agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of actually entering in the Contest, and in no event shall the Released Parties be liable for attorneys’ fees.  Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. 
    3. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. 
    4. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES 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, AND SPONSOR HEREBY DISCLAIMS ANY SUCH WARRANTIES.  TO THE EXTENT THAT ANY PRIZE MAY BE SUBJECT TO MANUFACTURER WARRANTIES OF ANY KIND, NO ASSURANCE OR GUARANTY IS MADE THAT SUCH WARRANTIES ARE STILL VALID OR IN EFFECT.
    5. Each Entrant releases, and hereby agrees to indemnify, defend, protect, and hold harmless the Released Parties from any and all liability, including, without limitation, claims/actions based on publicity rights, defamation, and/or invasion of privacy, that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
  7. CONTESTANT SELECTION: The Contestant Selection will be conducted by the Administrator or an independent judging organization, whose decisions are final in all matters relating to this Contest. Odds of winning the Prize will depend on the total number of eligible contestants who attend the Official Carrie Underwood Fan Club Party (“The Event”). Up to ten (10) contestants will be chosen to participate during The Event.  
  8. VOTING: Of the ten (10) contestants chosen to participate, five (5) finalists will be chosen by a panel of judges during The Event. One (1) Grand Prize Winner will be chosen by live electronic fan voting administered by Sponsor and notified during The Event.
  9. PRIZE: One (1) Grand Prize Winner will receive two (2) Last Name VIP Packages to an upcoming REFLECTION: The Las Vegas Residency (the “Show”) two (2) night hotel accommodations at Resorts World Las Vegas and a $500 Visa gift card for transportation. (the “Grand Prize”). The Grand Prize has an approximate retail value of $1,300. Five (5) runner up winners will receive a Denim & Rhinestones Tour program autographed by Carrie Underwood (“Runner Up Prizes”). The Runner Up Prizes have an approximate retail value of $25.  Sponsor makes no representations or warranties of any kind concerning the appearance, performance, or safety of any prize awarded.  Limit of one prize per person. The Prize will be made available to the Winners on-site contingent upon the compliance with the conditions below (and full compliance with the terms of these Official Rules).  The timing and method of delivery of the prize will be determined as the sole discretion of Sponsor.  The winner shall bear all risks of loss or damage to prize after it has been delivered. No prize substitutions or cash equivalents are allowed, except at the sole discretion of the Sponsor.  Prizes may not be transferred. Notwithstanding the foregoing, if the Winner is a resident of Florida, New York, Rhode Island, or any other state which may require registration or bonding of certain Contest, Sponsor and Administrator may, in their sole and absolute discretion, reduce the Prize so as to comply with the laws and regulations (including state attorney general opinions) of the state in which the Winner resides. Grand Prize Winner is responsible for booking all travel and paying all applicable Winner and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents. Grand Prize Winner and guest must have valid government-issued photo identification at the time of travel. If the travel guest is a minor, winner must be his/her parent/guardian, or be accompanied by his/her parent/guardian. Grand Prize must be accepted as awarded or prize will be forfeited. Travel accommodations and other restrictions apply. Hotel accommodations are subject to the hotel’s and state and local rules in place at the time of the Show. Travel accommodations and other restrictions, including any laws, orders, rules or requirements in place at the time of travel and the Show, including but not limited to, COVID -19, apply. All costs and expenses associated with prize acceptance and use not specified herein as being provided, including but not limited to lodging, transportation costs, meals, gratuities and other expenses incurred by accepting the prize, are the sole responsibility of the winner. No prize substitutions, cash equivalent, or transfer of prizes permitted except at the sole discretion of the Sponsor. Sponsor reserves the right, at its sole discretion, to award a prize of greater or equal value if the advertised prize is unavailable. Notwithstanding the foregoing, if the Sponsor is unable to provide show tickets in light of any COVID-19 restrictions or requirements, the Sponsor may, in its sole discretion, cancel or withdraw that portion of the prize, without substitution. Additional terms, restrictions, and exclusions may apply to show tickets or meet and greet passes. In the event that the show or any part of it is cancelled, postponed or preempted for any reason, no rain checks, exchanges, substitution or cash replacement value of the Prize will be provided except at Sponsor’s discretion.
  10. PRIZE CONDITIONS: 
    1. By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the Prize. The Grand Prize Winner may be asked to sign and return to the Administrator or its agent an Affidavit of Eligibility, Liability & Publicity Release within three (3) days of the date of notification in order to claim his or her prize. Note: The Affidavit will require that the Winner provide his or her Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Grand Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Grand Prize Winner must note that the value of their accepted Prize is taxable as income; an IRS Form 1099 will be filed in the name of the Grand Prize Winner for the value of the Grand Prize and the Grand Prize Winner is solely responsible for all matters relating to the Grand Prize after it is awarded. If the Grand Prize Winner refuses to accept the Prize or fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and forfeit the prize.
    2. By accepting the Grand Prize or Runner Up Prizes, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast, and use worldwide in all media without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval, or notification. 
  11. USE OF DATA: Sponsor complies with the privacy laws and regulations of the United States of America, and makes no representations regarding the laws of other nations or any particular jurisdiction.  Sponsor does not knowingly collect personal information from children in connection with the Contest, as the Contest is only open to entrants of 13 years of age or older.  All information submitted by Entrants will be treated according to Sponsor’s Privacy Policy, available at https://www.carrieunderwood.fm/.  By participating in the Contest and providing his or her email address or any other applicable contact information, Entrant hereby agrees to Sponsor’s collection and usage of their personal information and acknowledges that they have read and accepted Sponsor’s Privacy Policy.  If an Entrant, after entry in the Contest, revokes such Entrant’s consent to receiving promotional emails and reminders from or about the Sponsor, the use such Entrant’s personal information submitted, will still be subject to the Privacy Policy of Sponsor.  
  12. DISPUTES: 
    1. By agreeing to participate in the Contest, Entrants agree that: (1) Any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys’ fees; and (3) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to, claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased 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 Entrants and Sponsor or the Released Parties in connection with the Contest, shall be governed by, and construed in accordance with the laws of the state of California. 
    2. Any legal proceedings arising out of this Contest or relating to these Official Rules shall be instituted only in the federal or state courts of serving California, and Entrants and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. 
    3. EACH ENTRANT AGREES THAT SUCH ENTRANT MAY BRING CLAIMS HEREUNDER ONLY IN HIS OR HER INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 
    4. In addition, in the event of a breach of these Official Rules by Entrant, Sponsor and Administrator will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction without the need of posting a bond, and any other legal or equitable remedies. This right shall be cumulative with, and not exclusive of, any other remedies available in law or equity.
  13. MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Contest and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator.  The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void.  These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.  
  14. WINNERS LIST & OFFICIAL RULES: To obtain the name of a winner, send a request via email to carrieunderwoodsupport@sparkart.com or mail a letter request and self-addressed stamped envelope to: The Official Carrie Underwood Fan Club c/o 2023 Denim & Rhinestones Fashion Contest, P.O. Box 31175, Oakland, CA 94604. To obtain a copy of these Official Contest Rules, send a self-addressed, stamped envelope to the above address, Attn: Rules Request, 2023 Denim & Rhinestones Fashion Contest.