The Cleveland Orchestra SweepstakesOfficial Rules
No purchase necessary to enter or win. A purchase or payment of any kind will not increase your chances of winning. Odds of winning depend on number of eligible entries received. Void where prohibited or restricted by law.
These rules (“Official Rules”) are the complete, official rules for The Cleveland Orchestra’s drawing sweepstakes (the “Sweepstakes”). The Cleveland Orchestra reserves the right to disqualify any Participant who is found to breach these Official Rules.
The Sweepstakes is sponsored by The Cleveland Orchestra, 11001 Euclid Ave, Cleveland, OH 44106 (“The Cleveland Orchestra” or “Sponsor”).
The Sweepstakes period shall begin on November 11, 2022 at 12:00:01A.M. Eastern Time (“ET”) and shall continue to run until December 1, 2022 at 11:59:59 P.M. ET (“Sweepstakes Period”). Submissions received after the Sweepstakes Period will not be considered valid submissions.
Note: Sponsor’s computer is the official timekeeping device for this Sweepstakes.
The Sweepstakes is open only to citizens or legal permanent residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older (a “Participant,” “you,” or “entry”). The following individuals are not eligible to participate or to submit Submissions: (i) employees of Sponsor, and any of their affiliate companies or subsidiaries; (ii) family members (spouse, parents, siblings, and children) of any individual referred to in clause (i), and (iii) persons living in the same household (whether or not related) with any person referred to in clause (i) or (ii) above. This Sweepstakes is subject to all federal, state, and local laws and regulations and is void outside the United States and where prohibited by law.
Sponsor is the sole judge of eligibility and may determine that a Submission or Participant is ineligible to participate in the Sweepstakes for a variety of reasons not described here but at the sole discretion of Sponsor.
Agreement To Official Rules
Participant’s participation in the Sweepstakes constitutes Participant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor, which are final and binding. By participating in the Sweepstakes and submitting a Submission, Participant expressly agrees to participate in supporting marketing and other promotions and endorsements for Sponsor and its partners.
Submission Requirements (How To Enter)
Participants may enter the Sweepstakes during the Sweepstakes Period in two ways: (1) by logging in to or creating an account at my.clevelandorchestra.com, clicking the “Rewards” tab and redeeming your TCO Rewards points for the “Win Brunch with Santa” reward in the “Redeem Points” section of the page; (2) mailing a submission containing your name, address, and telephone number to: Attn: Sweepstakes Entry, 11001 Euclid Ave, Cleveland, OH 44106 (“Mailed Submissions”). Mailed Submissions will be dated as submissions on the date they are received. Mailed submissions received after the Submission Period for will not be considered valid submissions.
All submissions will be given equal weight when selecting a winner. No purchase is necessary to enter, and a purchase will not increase your odds of winning. One entry per eligible Participant per Sweepstakes Period—any additional entries received during the Sweepstakes Period will be discarded.
Submissions that do not meet the requirements set forth in these Official Rules will be disqualified and ineligible to win.
Prizes & Approximate Retail Value (“Arv”)
One (1) winner will be selected at the end of the Sweepstakes Period from among all of the eligible entries in a random drawing. The winner will receive a table for four (4) on winner’s choice of four (4) possible dates, December 10, 11, 17 or 18 at 12:00 p.m. for Brunch with Santa in the Severance Terrace Restaurant. Menu is as follows:
- Butternut Squash Soup
- Poached Pear Salad
- Herbed Focaccia with Whipped Butter
- Honey Brined Turkey Breast
- Brown Sugar Ham
- Rosemary Marble Potatoes
- Roasted Rainbow Carrots
- Holiday Dessert
- Beverage Station
- Orange & Apple Juice, Coffee/Decaf, Assorted Teas, Assorted Sodas
The total approximate value of the prize is $168. The ARV of each prize represents Sponsor’s good faith determination.
Each prize is nontransferable and non-refundable and must be accepted as awarded. No cash or other substitution may be made except by Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value for any reason as determined by Sponsor in its sole discretion. Winner will be responsible for all applicable federal and local taxes on the receipt and use of the prize and all other costs and expenses not specifically mentioned herein. Visa gift cards may be subject to additional terms and conditions for which Sponsor is not responsible. You agree that Sponsor shall not be liable for any damages or losses you incur using or related to the Prize.
Selection of Potential Winner
On December 2, 2022, the winner will be selected in a random drawing. The drawing will be made on a strictly random basis. The winner will be notified by email or telephone on December 2, 2022. Odds of winning prizes depend on the number of eligible entries received. All entries are subject to verification of eligibility by the Sponsor. All decisions regarding prize awards will be made by Sponsor and are final and binding. In the event of noncompliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited and may be awarded to an alternate winner drawn from remaining eligible entries.
Sponsor shall not be responsible for lost, late, misdirected, damaged, illegible, incomplete, garbled, or incorrect entries. Entries become the property of Sponsor and will not be returned. Participation constitutes acceptance of these Official Rules in their entirety. Participant warrants that it is eligible to participate in the Sweepstakes and agrees to indemnify and hold harmless Sponsor from any loss, damage, or expense arising out of or in connection with participation in this Sweepstakes or the acceptance, use, or misuse of any prize.
Winner’s Obligations (Delivery & Documentation)
Before being declared a “Winner,” the selected Participant will be contacted by email and notified that he/she is eligible to win. The selected Participant must reply within two (2) business days of notification to accept the Prize in writing and provide the Sponsor with a contact telephone number, email address, and shipping address. By accepting the Prize, the Winner represents that he/she has complied with these Official Rules. Entry and acceptance of the prize offered constitutes permission for Sponsor to use the winner’s entry, name, city, state of residence, likeness, and/or photograph and statements for advertising/trade and all other purposes, in any and all media, and all media now or hereafter known worldwide in perpetuity, including the Internet and social networking sites, without further compensation, notification, or permission, unless prohibited by law.
If a prize is valued at $600 or more the potential winner must sign and return an IRS W-9 form within 14 days of notification in order to claim the prize.
If the selected Participant: (i) cannot be contacted by telephone or email within two (2) business days of selection or there is a return of any prior notification as undeliverable; or (ii) fails to confirm their eligibility and acceptance of the prize within the specified time, then he/she will be disqualified and will forfeit the prize, and the Sponsor reserves the right to select an alternate Participant from among the remaining eligible entries.
A Participant may decline to be a Winner by notifying Sponsor within one (1) business day following notification, in which case the declining Participant forgoes any prize or other features associated with winning the Sweepstakes. Sponsor reserves the right to disqualify a Participant if Sponsor deems disqualification appropriate.
A list of Sweepstakes Winners will be available upon request. By accepting your prize, you agree to have your name provided as a Sweepstakes Winner upon request by any Sweepstakes Participant or other third party.
After verification of eligibility, the Prize winner will receive the prize in person at Severance Music Center on one of the days and times listed above. Winners that fail to show up at their selected day and time will forgoe any prize or other features associated with winning the Sweepstakes. Any winners that receive prizes valued over $600 will receive IRS 1099 form in the amount of their prize at the appropriate time. Prize winners are responsible for any taxes, fees, or other liability resulting from their receipt of a Prize regardless of the value of the prize.
Warranties & Obligations
Participant Warranties & Obligations
By submitting an entry to the Sweepstakes, you agree that you have full right and authority to enter and participate in the Sweepstakes. You are solely responsible for your entry. All entry information is deemed collected in the United States.
Participation is subject to all federal, state, and local laws and regulations. Void where prohibited or restricted by law. You are responsible for checking applicable laws and regulations in your jurisdiction before participating in the Sweepstakes to make sure that your participation is legal. You are responsible for all taxes and reporting related to any award that you may receive as part of the Sweepstakes.
Each Participant is solely responsible for all costs it incurs to participate in the Sweepstakes. By submitting an entry, you represent and warrant that you have the right and authority to make the entry on your own behalf and that your entry: (i) does not contain confidential information; (ii) does not violate the rights of privacy of any person or entity; and (iii) does not and will not violate any applicable law, statute, ordinance, rule, or regulation.
A breach of any of these warranties will result in the corresponding entry being invalid, as well as other legal obligations.
Limitation of Liability
By participating in the Sweepstakes, each Participant agrees to release, indemnify, and hold harmless Sponsor, its respective affiliates, subsidiaries, advertising and promotions agencies, as applicable, and each of their respective agents, representatives, officers, directors, shareholders, and employees from and against any injuries, losses, damages, claims, actions, and any liability of any kind resulting from or arising out of your participation in or association with the Sweepstakes or the Sweepstakes Prize. Sweepstakes Sponsor is not responsible for any miscommunications such as technical failures related to computer, telephone, cable, and unavailable network or server connections, related technical failures, or other failures related to hardware, software, or virus, or incomplete, late, or misdirected Submissions. Sweepstakes Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes should any causes beyond the control of Sweepstakes Sponsor corrupt the administration, security, or proper play of the Sweepstakes, and to determine winners from among Submission not affected by the corruption, if any, in its sole discretion.
Sponsor is not responsible for (a) late, lost, stolen, damaged, garbled, incomplete, incorrect, or misdirected Submissions or other communications, (b) errors, omissions, interruptions, deletions, defects, or delays in operations or transmission of information, in each case whether arising by way of technical or other failures or malfunctions of computer hardware, software, communications devices, or transmission lines, or (c) data corruption, theft, destruction, unauthorized access to, or alteration of Submission materials, loss or otherwise. Sponsor is not responsible for electronic communications or emails which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in any email account to receive email messages. Sweepstakes Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, the Sweepstakes
Reservation of Rights
Sweepstakes Sponsor reserves the right to modify the dates and deadlines, and the right to modify, add, or remove additional Sweepstakes deadlines for any reason. Sponsor may cancel the Sweepstakes entirely, not award the prize, or select an alternate prize if awarding the Sweepstakes Prize as originally described or on the original time frame becomes commercially unreasonable arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, pandemics, government orders related to a pandemic, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services. Any changes will be communicated via email or on Sponsor’s social media accounts.
In addition to the uses of personal information described in that Policy, Sponsor will use information you provide through entry into the Sweepstakes to administer the Sweepstakes.
The invalidity or un-enforceability of any provision of these Sweepstakes 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 Sweepstakes Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision was not contained herein.
Governing Law & Venue
Participant agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually without resort to any form of class action, and exclusively by the appropriate courts located in Cuyahoga County, Ohio; and (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event, attorneys’ fees. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with this Sweepstakes, shall be governed by and construed in accordance with, the laws of the state of Ohio, without giving effect to any choice of law or conflict of law rules.