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2022 Silobration Concert's Giveaway - Official Rules

Updated: 2024-10-16 17:05:48 UTC

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE
WILL NOT INCREASE YOUR CHANCES OF WINNING. The 2022 Silobration Concerts Giveaway (the “Giveaway”) is sponsored by Magnolia Market, LLC, 601 Webster Avenue, Waco, Texas 76706 (the “Sponsor”). This Giveaway is governed by these official rules (“Official Rules”). The Giveaway is subject to all federal, state and local laws and regulations and is void where prohibited by law. Any questions, comments or complaints regarding the promotion must be directed to Sponsor.

The Giveaway consists of two drawings. The first drawing will occur during the concert events occurring on Friday, October 28, 2022 (the “Friday Concert Giveaway”). The second drawing will occur during the concert events occurring on Saturday, October 29, 2022 (the “Saturday Concert Giveaway”).

GIVEAWAY PERIOD: The Giveaway period for the Friday Concert Giveaway begins on or about October 23, 2022 at approximately 12:01am (CT) and ends at October 28, 2022, at approximately 7:00pm (CT) and the Saturday Concert Giveaway begins on or about October 23, 2022 at approximately 12:01am (CT) and ends at October 29, 2022, at approximately 7:00pm (CT) (respectively, the “Entry Period”). All entries must be received on or before the time stated during the Entry Period. Sponsor reserves the right to extend or shorten the Giveaway at their sole discretion.

HOW TO ENTER: You are automatically entered into the Giveaway when you purchase tickets for either concert events at Magnolia Silobration occurring on Friday October, 28, 2022 and Saturday October 29, 2022 whether before or during the respective Entry Periods. If you purchase tickets for the Friday concert event, you will be entered into the Friday Concert Giveaway, and if you purchase for the Saturday concert event, you will be entered into the Saturday Concert Giveaway.

Proof of submission is not proof of receipt. Entries will not be acknowledged or returned. No responsibility is assumed for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein.

ELIGIBILITY RESTRICTIONS: The Giveaway is open only to legal residents of the United States who are
eighteen (18) years of age or older at the time of submission, unless otherwise specified. Employees of Sponsor, its officers, directors, subsidiaries, affiliates, general sponsors, promotional partners, their respective subsidiaries, affiliates, parent companies, members of the immediate families (defined as spouse, child, sibling, parent, or grandparent), and members of the households (whether related or not) of any of the above are NOT eligible to participate or win in this Giveaway. Participants agree to abide with any applicable federal, state, local laws and regulations. Sponsor reserves the right to verify the eligibility of the winner.

LIMITATIONS: Entries by any method other than set forth above are void. Any use of automated or programmed methods of effecting Entry is prohibited. Neither the Sponsor, nor any of its subsidiaries, affiliated or successor companies, their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the United States; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misdirected, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; or for lost, interrupted or unavailable satellite, network, server, Internet Service Provider, Website or other connections; telephone or cell phone service availability or accessibility; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; jumbled, corrupted, scrambled, delayed or misdirected transmissions; computer hardware or software or text message malfunctions, failures, technical errors or difficulties; unauthorized human intervention; traffic congestion; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email from the Sponsor concerning the Giveaway; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified. Giveaway is subject to all applicable federal, state, local and municipal laws and regulations, and is void where prohibited by law.

WINNER(s) SELECTION: The winners of the Giveway will be selected in two separate drawings. The winners of the Friday Concert Giveaway will be randomly selected on October 28, 2022 and the winners of the Saturday Concert Giveaway will be randomly selected on October 29, 2022 from among all eligible Entries for each Giveaway. The odds of winning depend on the number of eligible Entries received. Potential winners will be notified using the contact information provided at the time of entry. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Failure to respond to any winner notification within five (5) days may result in disqualification and selection of an alternate winner. Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release. Failure to comply when requested may result in disqualification and selection of an alternate winner.

PRIZES: One (1) grand prize winner (a “Prize Winner”) will be selected in the Friday Concert Giveaway, and One (1) Prize Winner will be selected in the Saturday Concert Giveaway. The Prize Winners of each Giveaway will receive (the “Prize”): a two (2) consecutive night stay for Prize Winner and five (5) guests at Magnolia’s Cottonwood Castle property between January 1, 2023 and May 1, 2023. Approximate retail value (“ARV”) of the prizes offered for each Giveaway is $2,600. The Prize Winner will not receive the difference between actual and ARV. The Prize is non-transferable and non- refundable. The Prize may not be redeemed for cash value except at the Sponsor’s option. The Sponsor reserves the right to substitute the Prize (or portion thereof) of equal or greater value if the advertised Prize (or portion thereof) becomes unavailable, but otherwise no substitutions shall be given. The mention of the prize components or any other product or service in any advertisement or text does not mean the products or services have been tested, endorsed or approved by Sponsor. If for any reason whatsoever, a winner is not able to accept the prize due to reasons such as, but not limited to physical impairment, mental disability, etc., he/she will receive an alternate prize at Sponsor's discretion. Prize Winner acknowledges the Released Parties (as defined herein) do not make, nor are in any manner responsible for any warranty or representations of any kind, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of the prize.

The following terms are applicable to any Prize involving Magnolia’s Hillcrest property, Cottonwood Castle property and Magnolia Table. Prize Winner and his/her guest must have valid travel documents to check in to a Magnolia vacation rental property (e.g., government issued I.D., passport, major credit card, etc.) along with any other travel requirements in order to travel prior to departure, and failure to do so may result in forfeiture of an accommodations Prize. Prize Winner and his/her guest are solely responsible for satisfying all legally required conditions of travel to utilize the Prize. Accommodation Prizes are subject to availability. Sponsor is not responsible for (or liable for any expenses incurred as a consequence of) any delay, postponement, or cancellation that prevent the Prize Winner and his/her guest, if applicable, from traveling or that may result in any missed portion of a Prize. By accepting a Prize involving stay at a Magnolia vacation rental property, each Prize Winner agrees to abide by Magnolia’s terms, conditions and restrictions for vacation rental properties, and must be able to book between January 1, 2023 and May 1, 2023. Guests must be at least 18 years old, unless the Prize Winner is the parent or legal guardian of any minor Guest. By accepting the Prize, the Prize Winner agrees that Prize Winner and his/her guest shall not do anything, either when staying at the vacation rental property or otherwise in connection with the Giveaway, that might bring into disrepute, scandal or ridicule, or reflect unfavorably on the Sponsor. All expenses and incidental travel costs not expressly stated in the description above, including but not limited to, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facilities charges, personal charges at lodging, security fees, taxes, insurance or other expenses are the sole responsibility of the Prize Winner. The Sponsor will not replace any lost, mutilated, undeliverable, returned, refused or stolen tickets or passes. The Prize Winner is responsible for any and all applicable local, state, and/or federal taxes.

LIMITATON OF LIABILITY AND RELEASE: BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE TO THESE OFFICIAL RULES AND FURTHER AGREE THAT SPONSOR, SPONSOR'S AFFILIATES, FACEBOOK AND INSTAGRAM, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS; AND EACH OF ALL OF THE FOREGOINGS' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, PRINCIPALS, EMPLOYEES, AGENTS AND REPRESENTATIVES (COLLECTIVELY "RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM AWARDING, ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS GIVEAWAY OR IN ANY PRIZE RELATED ACTIVITY OR IN ANY PROMOTION RELATED ACTIVITY (IN EACH CASE, INCLUDING BUT NOT LIMITED TO TRAVEL), OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS GIVEAWAY, INCLUDING THE PRIZE, IS 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. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, PRIZE WINNER GRANTS TO SPONSOR, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, PRIZE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, ENTRY, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME THROUGH SOCIAL MEDIA) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANT AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR THEIR DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.

GENERAL: By entering the Giveaway, entrant affirms that they have read, understand and accepted these
Official Rules. The Sponsor reserves the right to extend, modify or cancel the Sweepstake for any reason in its sole discretion, including without limitation, if fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity of the Giveaway, as determined by Sponsor in its sole discretion. If, for any reason, the Giveaway is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Giveaway or suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among all non-suspect entries received prior to cancellation up to the time of the impairment. The Sponsor is not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. Sponsor is also not responsible for any injury or damage to an entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the Giveaway. Information provided by you for this Giveaway is subject to Sponsor’s privacy policy located at: https://magnoliabv.zendesk.com/hc/en-us/articles/31155064035476-Magnolia-Privacy-Policy 

DISPUTES: This Giveaway is subject solely to the applicable federal, state and local laws of the United States and is not subject to any laws outside of the United States; provided, however, that, except where prohibited, by participating in the Giveaway entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved exclusively by final and binding arbitration under the rules of the American Arbitration Association in an arbitration to be held at the AAA regional office nearest the Sponsor where the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; (b) a judgment upon any such arbitration award may be entered in any court having jurisdiction; (c) to the degree any dispute, claim or cause of action arising out of or connected with this Giveaway or any prize awarded is not subject to arbitration, then it shall be adjudicated exclusively by the appropriate Federal courts located in Dallas, Texas, U.S.A or the state courts located in Waco, Texas, U.S.A; (d) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action; (e) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ fees; and (f) 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, and any and all rights to have damages multiplied or otherwise increased, other than for actual out-of-pocket expenses. 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 Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of Texas.

DISCLAIMER: THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM OR OTHER SOCIAL MEDIA OUTLET. By entering this Giveaway, you understand you are providing your information to Sponsor and not to the aforementioned entities. Any questions, comments or complaints regarding this Giveaway will be directed to the Sponsor.

WINNER’S LIST: For a list of the winners, available 30 days after the end of the Entry Period, email
events@magnolia.com. All requests must be received by 12/15/2022.