Official Rules: X: The Life and Times of Malcolm X December 2 Drawing

NO PURCHASE OR CONTRIBUTION OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR CONTRIBUTION WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state and local laws, regulations, and ordinances.  Drawing begins on October 19, 2023 at 12:00 a.m. Eastern Time (“ET”) and ends on November 13, 2023 at 11:59 p.m. ET (the “Drawing Period”).

  1. ELIGIBILITY: The X: The Life and Times of Malcolm X Ticket Drawing (the “Drawing”) is open to legal U.S. residents currently residing in the 48 continental United States, the District of Columbia or Puerto Rico who are at least 18 years of age or the age of majority in their respective jurisdiction of residence at the time of entry. Employees, officers, and directors of the Metropolitan Opera (“Sponsor” or the “Met”), its parents, affiliates, subsidiaries, and each of their (collectively, the “Drawing Entities”), and members of their immediate families and those living in the same household are not eligible to enter or win. Participation constitutes participant’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 Drawing and which Sponsor may decide in its sole discretion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
  2. SPONSOR: The Metropolitan Opera, 30 Lincoln Center, New York, NY 10023.

 

  1. HOW TO ENTER: To enter, complete the entry form at metopera.org/XDrawing between 12:00 AM on October 19, 2023, and 11:59 PM on November 13, 2023. You must indicate your acceptance of these Official Rules on your entry or it will be disqualified. Upon receipt by Sponsor of a timely, properly completed entry form, you automatically will be entered with one (1) entry into the Drawing. No entries will be accepted via any means other than as set forth above.

 

LIMIT ONE (1) ENTRY PER PERSON, PER HOUSEHOLD AND PER EMAIL ADDRESS REGARDLESS OF METHOD OF ENTRY. ADDITIONAL ENTRIES MAY BE DISQUALIFIED

Entries must be submitted by the participating entrant.  Any attempt by any entrant to obtain more than one entry by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will disqualify that entrant’s entries, and that entrant and/or entries may be disqualified.  Entries generated by script, macro, bot or other automated means are prohibited and will be disqualified.  Multiple entrants are not permitted to share the same email address.  If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the email address identified on the entry form. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service 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.  Incomplete, illegible, corrupted, or untimely entries, or entries specifying an invalid, non-working, or inactive email address, will be disqualified.  Sponsor’s determination of time of receipt of entries and eligibility is final.

 

  1. SELECTION OF WINNERS: On or about November 15, 2023, Sponsor will select the name of the potential winner(s) in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received. The potential winner(s) will be notified by telephone and/or email on or about November 15, 2023.  Each potential winner must claim his or her prize no later than 11:59 PM ET on November 22, 2023, by sending a responsive email or by calling Sponsor at 212-362-6000. The potential winner will be emailed a W-9 form and an Affidavit of Eligibility and Release for himself/herself and a Release for a companion, all of which must be completed without change by each of them, respectively, signed and notarized and returned together by first class or certified mail, postage prepaid, postmarked within five (5) days of Sponsor’s notification thereof or be sent by overnight air courier. If a potential winner (i) cannot be contacted or Prize notification is returned as undeliverable; (ii) does not respond within five (5) days from the date Sponsor first tries to notify him/her; (iii) fails to return the W-9 form and/or the Affidavit and Releases as specified; and/or (iv) refuses the prize, such potential winner forfeits all rights to win the drawing or receive the prize.  Up to five (5) random drawings will be made to select an alternate eligible potential winner who meets the requirements set forth herein.  If such alternate winners decline the Prize and/or if none of such alternate potential winners are eligible or otherwise do not meet the requirements set forth herein, the prize will remain un-awarded.

 

Verification of Potential Winners:  All potential WINNERS are subject to verification by THE DRAWING ENTITIES, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE DRAWING.  AN entrant is not a winner unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete

 

  1. PRIZE: There will be ONE (1) prize awarded consisting of two (2) tickets to the performance of the Metropolitan Opera’s 2023–24 production of X: The Life and Times of Malcolm X on December 2, 2023 (the “Prize”).   Approximate Retail Value (“ARV”) of the Prize is $300. 

 

PRIZE RESTRICTIONS: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein, including but not limited to, travel, transportation, meals, incidentals, surcharges, service charges or facility charges, hotel, security fees and/or other expenses are the responsibility solely of winner.  Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions. Prize will be void and forfeited if any part thereof is transferred or sold for cash. Sponsor will not replace any lost or stolen prizes. Prize cannot be used in conjunction with any other promotion or offer.

 

Only the number of prizes stated in these Official Rules is available to be won in the Drawing.  If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Casting at all performances at the Met is subject to change. Prize tickets may be subject to additional terms and conditions, including terms of license on ticket.  The Met is not responsible if a performance is cancelled, delayed or interrupted due to Acts of God, acts of war, natural disasters, weather, terrorism, epidemics, pandemics or any other causes outside of the control of the Met; while an attempt to reschedule may be made, the Met has no responsibility to do so. 

 

In the event winner and/or Guest engages in behavior during the performance that (as determined by Sponsor) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to send winner and/or companion home with no further obligations or compensation whatsoever to winner and/or companion.

 

The Winner is solely responsible for reporting the prize as required by law and making all federal, state, regional and local tax and other payments, including without limitation, income taxes and sales and use taxes in connection therewith. The Met will file a Form 1099-MISC with the IRS disclosing the fair market value of the prize if required under federal tax law.

 

  1. GENERAL CONDITIONS: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Drawing Entities’ decisions, which are final and binding in all matters related to the Drawing. Sponsor is not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections; technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 

 

WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS DRAWING OR UNDERMINE THE LEGITIMATE OPERATION OF THE DRAWING MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, and/or the legitimate operation of the Drawing; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner.  If any fraud, technical failures or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Drawing, as determined by Sponsor, Sponsor may disqualify any suspect entries and (a) suspend and modify the Drawing to address the impairment, then resume the Drawing in a manner that best conforms to the spirit of these Official Rules; and/or (b) cancel the Drawing and award the Prize at random from among the eligible, non-suspect entries received up to the time of the impairment.

 

  1. LIMITATION OF LIABILITY AND RELEASES; PUBLICITY: BY PARTICIPATING IN THIS DRAWING, ENTRANT AGREES THAT DRAWING ENTITIES (THE “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, INCLUDING, WITHOUT LIMITATIONS, PERSONAL INJURY OR DEATH, PROPERTY or other damages or expenses RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, CONSEQUENTIAL OR PUNITIVE, FROM ACCEPTANCE or arising out of any aspect of Prize, acceptance, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS DRAWING OR IN ANY DRAWING-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY. 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.

 

EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE DRAWING CONSTITUTES ENTRANT’S GRANT TO THE DRAWING ENTITIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER AND THEIR COMPANION’S NAME, PICTURE, LIKENESS, AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE PUBLIC ANNOUNCEMENT OF HIS OR HER NAME AND/OR HOMETOWN) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

 

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS DRAWING, 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.

 

  1. DISPUTES. By participating in this Drawing, each entrant agrees that this Drawing and any and all aspects of the relationship between the Drawing Entities and entrants shall be governed by the laws of the State of New York, without giving effect to its conflicts of law principles, and that any litigation, claims, disputes or controversies concerning, arising out of or in connection with the Drawing or the Prize shall be resolved individually, and without resort to class action and shall be brought only in a federal or state court in the county of New York, state of New York, and entrant consents to the exclusive jurisdiction of such courts and waives any objection or defense concerning jurisdiction or venue that entrant could otherwise have in such courts. To the extent permitted by applicable law, all judgments or awards to entrants shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Drawing and shall not include any indirect, punitive, incidental, consequential or multiple damages, which each entrant hereby specifically waives.

 

  1. PRIVACY: Information collected from entrants is subject to the Sponsor’s Privacy Policy, which can be found at www.metopera.organd then click on "Privacy Policy".  Sponsor may use entrants’ personal information submitted with entry for purposes of Prize fulfillment, fundraising and/or marketing purposes. 

BY ENTERING THIS DRAWING, YOU ARE OPTING IN TO RECEIVE EMAIL COMMUNICATIONS FROM THE METROPOLITAN OPERA. THE EMAIL ADDRESS YOU PROVIDE WILL BE OPTED IN TO RECEIVE INFORMATION ABOUT MET OPERA TICKETS AND EVENTS. YOU MAY OPT OUT OF RECEIVING EMAIL COMMUNICATIONS FROM THE METROPOLITAN OPERA AT ANY TIME.  YOU MAY ALSO OPT OUT OF RECEIVING DRAWING POSTAL MAILINGS AT ANY TIME BY CONTACTING US AT: Marketing Department, The Metropolitan Opera Association, Inc., Lincoln Center, New York, NY 10023, United States.

  1. OFFICIAL RULES AND WINNERS LIST: For a paper copy of these Official Rules, send a request with your name and address by first class mail, postage prepaid, to: Metropolitan Opera, Lincoln Center, New York, NY 10023, Att: X: The Life and Times of Malcolm X 2023–24 Ticket Drawing. The names of the winners will be posted on the Met website (www.metopera.org/XDrawing/) on or about November 15, 2023, or to obtain a copy of the winners list, send a self-addressed envelope, first class postage prepaid for receipt by November 13, 2023 to The Metropolitan Opera, Lincoln Center, New York, NY 10023, Att: Customer Care Department. Requests postmarked after November 13, 2023 will not be honored.  

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