GIVEAWAY

THE NYTES OUT GIVEAWAY IS A SWEEPSTAKES THAT BEGINS AND ENDS ON THE DATES SET FORTH HEREIN, AND IS GOVERNED BY THE TERMS AND CONDITIONS SET FORTH HEREIN. NO PURCHASE IS NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. THE SWEEPSTAKES BEGINS AT 9 AM EST ON JANUARY 1, 2024 AND ENDS ON APRIL 14 (THE “SWEEPSTAKES PERIOD”) AT 11:59 PM EST.

SPONSOR: THE SPONSOR OF THE SWEEPSTAKES THE MEETERY, LLC DBA NYTES OUT

TO ENTER: 

1. VISIT HTTPS://WWW.NYTESOUT.COM AND SIGN UP FOR THE NYTES OUT EMAIL LIST AND MARKETING/PROMOTIONAL COMMUNICATIONS USING BOTH YOUR EMAIL ADDRESS AND CELLULAR TELEPHONE NUMBER AND COMPLETE THIS PROCESS IN ITS ENTIRETY (PLEASE NOTE THAT ANY AND ALL COMMUNICATIONS USING YOUR TELEPHONE NUMBERS WILL BE GOVERNED BY THE TERMS AND CONDITIONS CONTAINED THEREIN INCLUDING TEXT MESSAGE MARKETING); (SEE PRIVACY POLICY FOR MORE INFORMATION)

2. TO SECURE YOUR FREE ENTRY, YOU MUST CREATE A VIDEO, WITHIN 5 DAYS OF ENTERING, PROMOTING WHAT YOU LIKE BEST ABOUT NYTES OUT AND POST IT TO YOUR OWN SOCIAL MEDIA PAGE. THE VIDEO MUST STAY ACTIVE ON YOUR PAGE FOR THE DURATION OF THE GIVEAWAY. @NYTESOUT IS REQURIED TO BE TAGGED IN THE VIDEO TO QUALIFY FOR FREE ENTRY.

3. AFTER COMPLETION OF A PURCHASE OF ANNUAL SUBSCRIPTION ($60) YOU ARE ELIGIBLE FOR 10 ADDITIONAL ENTRIES.

IN ORDER FOR US TO ALLOW USER CONTENT AS A STIPULATION OF ENTRY FOR THESE PURPOSES, AND TO OPERATE, MARKET AND PROMOTE THE SERVICE, WE NEED THE RIGHT OT MAKE USE OF SUCH USER CONTENT IN ACCORDANCE WITH THE SUBJECT TO THIS AGREEMENT. THEREFORE, BY CONTRIBUTING USER CONTENT TO THE SITE, OR CREATING IT IN ACCORDANCE WITH THE RULES OF THIS SWEEPSTAKES, YOU AUTOMATICALLY GRANT TO US AN IRREVOCABLE AND PERPETUAL (EXCEPT AS SET FOTH IN THIS AGREEMENT) NON-EXCLUSIVE, TRANSFERABLE, ROYALTY-FREE, WORLDWIDE LICENSE, BY OURSELVES OR WITH OTHER TO USE, COPY, DISTRIBUTE, PUBLICLY PERFORM, PUBLICLY DISPLAY, PRINT, PUBLISH, REPUBLISH, EXCERPT (IN WHOLE OR IN PART), REFORMAT, TRANSLATE, MODIFY, REVISE AND INCORPORATE INTO OTHER WORKS, THAT USER CONTENT AND ANY WORKS DERIVED FROM THAT USER CONTENT, IN ANY FORM OF MEDIA OR EXPRESSION, IN THE MANNER IN WHICH NYTES OUT FROM TIME PERMITS USER CONTENT TO BE USED, AND TO LICENSE OR PERMIT OTHERS TO DO SO.

MUTUAL INDEMNIFICATION

BOTH THE BRAND/ADVERTISER AND THE UGC CREATOR AGREES TO INDEMNIFY, DEFEND, AND HOLD EACH OTHER HARMLESS, FROM ANY AND ALL CLAIMS, DEMANDS, COSTS, LIABILITIES, LOSSES, EXPENSES AND DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPERT WITNESSES’ FEES) IN THE EVENT THAT A THIRD PARTY OR AN INDIVIDUAL SUES THE BRAND/ADVERTISER OR A THIRD PARTY OR AN INDIVIDUAL IS HARMED IN ANY WAY BECAUSE OF THE CONTENT DELIVERED TO THE BRAND/ADVERTISER BY THE UGC CREATOR. AT NO POINT IN TIME WILL THE UGC CREATORBE HELD LIABLE FOR ANY EXPENSES OR COST THAT RESULT FROM A THIRD PARTY OR INDIVIDUAL IN REGARDS TO THE UGC CONTENT THAT WAS DELIVERED AND UPLOADED TO THE INTERNET AND SOCIAL PLATFORMS. THE UGC CREATOR CAN NOT BE SUED OR DEEMED RESPONSIBLE OR AT FAULT TO ANY PERSON OR BUSINESS THAT MAY CLAIM SO DUE TO THE UGCCREATORS CONTENT THAT WAS PURCHASED OR RECEIVED BY THE BRAND/ADVERTISER.

EACH NEW REGISTRATION COMPLETED AND RECEIVED BY NYTES OUT DURING ANY MONTH DURING THE SWEEPSTAKES PERIOD WILL BE ENTERED IN THE PRIZE DRAWING. REGISTRANTS MAY SHARE THE SWEEPSTAKES VIA FACEBOOK OR INSTAGRAM, AFTER REGISTERING THEMSELVES. EACH ENTRANT MAY ENTER INTO THE FREE SWEEPSTAKES ONE (1) TIME DURING – MULTIPLE ENTRIES BY ANY ENTRANT WILL BE DISCARDED IN THEIR ENTITY. ANY ATTEMPT BY ANY ENTRANT TO OBTAIN MORE THAN THE PERMITTED NUMBER OF FREE ENTRIES BY USING MULTIPLE AND/OR DIFFERENT IDENTITIES, FORMS, REGISTRATIONS, ADDRESSES, CELLULAR TELEPHONE NUMBERS OR ANY OTHER METHOD WILL VOID ALL OF THAT PARTICIPANT’S ENTRIES AND THAT PARTICIPANT MAY BE DISQUALIFIED AT NYTES OUT’S DISCRETION. MULTIPLE PARTICIPANTS ARE NOT PERMITTED TO SHARE THE SAME EMAIL ADDRESS OR CELLULAR TELEPHONE NUMBERS.

NORMAL INTERNET, TELEPHONE AND USAGE CHARGES IMPOSED BY YOUR ONLINE OR PHONE SERVICES MAY APPLY AND ARE THE SOLE RESPONSIBILITY OF THE PARTICIPANT. INCOMPLETE, CORRUPTED, OR UNTIMELY ENTRIES ARE VOID AND WILL BE DISQUALIFIED. NYTES OUT IS NOT RESPONSIBLE FOR LOST, INTERRUPTED, OR UNAVAILABLE NETWORK, SERVER, OR OTHER CONNECTIONS; OR MISCOMMUNICATIONS, COMPUTER OR SOFTWARE MALFUNCTIONS, TELEPHONE TRANSMISSION PROBLEMS, TECHNICAL FAILURES, GARBLED TRANSMISSIONS, DAMAGE TO A USER’S COMPUTER EQUIPMENT (SOFTWARE OR HARDWARE), OR OTHER ERRORS OR MALFUNCTIONS OF ANY KIND WHETHER, HUMAN, MECHANICAL, ELECTRONIC OR OTHERWISE. PROOF OF SUBMISSION WILL NOT BE DEEMED TO BE PROOF OF RECEIPT BY NYTES OUT. IN THE EVENT OF A DISPUTE AS TO THE IDENTITY OF AN ENTRANT, THE AUTHORIZED ACCOUNT HOLDER OF THE EMAIL ADDRESS AND THE CELLULAR TELEPHONE NUMBER USED TO ENTER WILL BE DEEMED TO BE THE ENTRANT OR PARTICIPANT. THE “AUTHORIZED ACCOUNT HOLDER” IS THE NATURAL PERSON ASSIGNED AN EMAIL ADDRESS BY AN INTERNET ACCESS PROVIDER, ONLINE SERVICE PROVIDER, INTERNET SERVICE PROVIDER, OR OTHER ORGANIZATION (WHICH MAY INCLUDE AN EMPLOYER) RESPONSIBLE FOR ASSIGNING EMAIL ADDRESSES FOR THE DOMAIN ASSOCIATED WITH THE SUBMITTED ADDRESS, OR THE NATURAL PERSON ASSIGNED A CELLULAR TELEPHONE NUMBER BY THE TELEPHONE CARRIER OR OTHER TELEPHONE SERVICE PROVIDER.

POTENTIAL WINNERS MAY BE REQUIRED TO SHOW PROOF OF BEING THE AUTHORIZED ACCOUNT HOLDER. ENTRIES SPECIFYING AN INVALID, NON-WORKING, OR INACTIVE EMAIL ADDRESS OR CELLULAR TELEPHONE NUMBER WILL BE DISQUALIFIED AND INELIGIBLE TO WIN. FAILURE BY A PARTICIPANT TO FOLLOW THE RULES CONTAINED HEREIN SHALL RESULT IN A DISQUALIFICATION OF SUCH PARTICIPANT.

ODDS OF WINNING FOR EACH MONTH DURING THE SWEEPSTAKES PERIOD DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING ANY MONTH DURING THE SWEEPSTAKES PERIOD.

NO PURCHASE NECESSARY TO WIN. VOID IN ALASKA, HAWAII, AND RHODE ISLAND AND WHERE PROHIBITED BY LAW. THIS SWEEPSTAKES MAY ONLY BE ENTERED IN OR FROM THE 48 CONTIGUOUS UNITED STATES (EXCLUDING RHODE ISLAND), AND THE DISTRICT OF COLUMBIA AND ENTRIES ORIGINATING FROM ANY OTHER JURISDICTION ARE NOT ELIGIBLE FOR ENTRY AND SHALL BE NULL AND VOID. THIS SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES. YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE SWEEPSTAKES IF YOU ARE NOT LOCATED WITHIN THE 48 CONTIGUOUS UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA. BY ENTERING THE SWEEPSTAKES, YOU CONSENT TO RECEIVE EMAIL NEWSLETTERS, TEXT MESSAGES AND OTHER PROMOTIONAL MESSAGES FROM NYTES OUT. YOU CAN OPT-OUT OF RECEIVING THESE COMMUNICATIONS AT ANY TIME BY CLICKING THE UNSUBSCRIBE LINK IN THE EMAIL OR BY REPLYING TO THE SMS MESSAGE “STOP”. PLEASE READ ANY AND ALL OPT-IN LANGUAGE AND OTHER INFORMATION CONTAINED ON THE LINKS REQUIRED TO ENTER THE SWEEPSTAKES.

ELIGIBILITY: THE SWEEPSTAKES IS OPEN SOLELY TO LEGAL RESIDENTS OF THE FORTY-EIGHT (48) CONTIGUOUS STATES OF THE UNITED STATES (EXCLUDING RHODE ISLAND) AND THE DISTRICT OF COLUMBIA, WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND OVER THE AGE OF MAJORITY IN THEIR JURISDICTION OF RESIDENCE ON THE DATE OF THE ENTRY (19 OR OLDER IF A RESIDENT OF AL OR NE, AND 21 OR OLDER IN MS). EMPLOYEES, OFFICERS, CONTRACTORS AND DIRECTORS OF NYTES OUT, ITS PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, AND PROMOTIONAL AGENCY PARTNERS AND THEIR RESPECTIVE IMMEDIATE FAMILY (SPOUSE, CHILDREN, PARENTS AND SIBLINGS) OR HOUSEHOLD MEMBERS (WHETHER OR NOT RELATED) ARE INELIGIBLE TO PARTICIPATE IN THIS SWEEPSTAKES.

PRIZES: ON THE 15TH DAY OF APRIL, NYTES OUT WILL RANDOMLY SELECT A WINNER BASED UPON THE ENTRIES RECEIVED, USING THE EMAIL ADDRESSES AND TELEPHONE NUMBERS OF THE ENTRANTS WHO ENTERED THE SWEEPSTAKES. EACH WINNER WILL RECEIVE (2) TICKETS TO THE TAYLOR SWIFT CONCERT IN NEW ORLEANS ON OCTOBER 26, 2024 AT 7PM IN THE NEW ORLEANS SUPERDOME – SECTION 147, ROW 31, SEATS 11&12.  AN ESTIMATED VALUE OF THE PRICE FOR EACH TICKET IS $300. PRIZE IS NOT REDEEMABLE BY THE WINNER FOR CASH. NYTES OUT IS NOT RESPONSBILE IF THE SHOW IS RESCHEDULED OR CANCELLED. NYTES OUT HOLD NO RESPONSIBILITY FOR THE TICKETS ONCE THEY ARE SUCCESSFULLY TRANSFERRED/ACCEPTED BY WINNER.

SELECTION OF WINNERS: ONE (1) WINNER WILL BE SELECTED ON APRIL 15, 2024, FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED BY NYTES OUT DURING SWEEPSTAKES PERIOD. DRAWINGS WILL BE CONDUCTED BY NYTES OUT AND ITS DECISIONS ARE FINAL ON ALL MATTERS RELATING TO THE SWEEPSTAKES. WINNERS WILL BE NOTIFIED BY EMAILS FROM NYTES OUT TO THE EMAIL ADDRESS PROVIDED BY THE ENTRANT. THE WINNER WILL BE ANNOUNCED AND CONTACTED WITHIN ONE WEEK OF THE DRAWING. IF ANY WINNER DOES NOT RESPOND WITHIN 10 DAYS OR IF PRIZE NOTIFICATION IS RETURNED AS UNDELIVERABLE, THEN THE PRIZE WILL BE FORFEITED AND AN ALTERNATE WINNER WILL BE SELECTED FROM THE REMAINING ELIGIBLE ENTRIES.

GENERAL RULES: ALL FEDERAL, STATE, LOCAL AND MUNICIPAL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. NYTES OUT WILL ISSUE A FORM 1099 FOR THE VALUE OF THE PRIZE TO EACH WINNER, AND ALL TAXES ASSOCIATED THEREWITH ARE THE SOLE RESPONSIBILITY OF SUCH WINNER. ACCEPTANCE OF PRIZE CONSTITUTES PERMISSION TO NYTES OUT AND ITS AFFILIATES TO USE WINNER’S NAME, BIOGRAPHICAL INFORMATION, PICTURES/PORTRAITS, LIKENESS AND/OR VOICE, FOR PURPOSES OF ADVERTISING AND TRADE WITHOUT FURTHER COMPENSATION, UNLESS PROHIBITED BY LAW. EACH WINNER ASSUMES ALL LIABILITY FOR ANY INJURY OR DAMAGE CAUSED, OR CLAIMED TO BE CAUSED, BY PARTICIPATION IN THIS SWEEPSTAKES OR USE OR REDEMPTION OF PRIZE. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS AGREE TO BE BOUND BY THE OFFICIAL RULES CONTAINED HEREIN, INCLUDING ANY DECISIONS OF NYTES OUT. PRIZE IS NONTRANSFERABLE AND NO SUBSTITUTION IS ALLOWED EXCEPT AT THE SOLE DISCRETION OF NYTES OUT, WHICH RESERVES THE RIGHT TO AWARD A PRIZE OF EQUAL OR GREATER VALUE IF AN ADVERTISED PRIZE IS UNAVAILABLE. WINNERS RELEASE NYTES OUT AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS SWEEPSTAKES FROM ANY AND ALL LIABILITY FOR DAMAGES, LOSSES OR INJURY RESULTING FROM PARTICIPATION IN THE SWEEPSTAKES OR ACCEPTANCE OR USE OF THE PRIZE.

THE "AUTHORIZED ACCOUNT HOLDER" IS DEEMED THE NATURAL PERSON WHO IS ASSIGNED TO AN EMAIL ADDRESS, CELLULAR TELEPHONE NUMBER, SERVICE PROVIDER OR OTHER ORGANIZATION THAT IS RESPONSIBLE FOR ASSIGNING MOBILE PHONE NUMBERS. IF FOR ANY REASON THE SWEEPSTAKES IS NOT CAPABLE OF RUNNING AS PLANNED, INCLUDING DUE TO BUGS, TAMPERING, UNAUTHORIZED TELEPHONE INTERVENTION, FRAUD, TECHNICAL FAILURE, HUMAN ERROR, OR ANY OTHER CAUSES BEYOND THE CONTROL OF NYTES OUT THAT CORRUPT OR AFFECT THE ADMINISTRATION, SECURITY, FAIRNESS, INTEGRITY, OR PROPER CONDUCT OF THE GIVEAWAY, NYTES OUT RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO DISQUALIFY ANY INDIVIDUAL WHO TAMPERS WITH THE ENTRY PROCESS; TO CANCEL, TERMINATE, MODIFY OR SUSPEND THE SWEEPSTAKES AND SELECT THE WINNERS IN A RANDOM DRAWING FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED PRIOR TO CANCELLATION; OR TO AWARD NO PRIZE AT ALL. NYTES OUT ASSUMES 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, ENTRY. NYTES OUT IS NOT RESPONSIBLE FOR: (A) INCORRECT OR INACCURATE TRANSCRIPTION OF ENTRY INFORMATION OR LATE, LOST, ALTERED, DELAYED, RECEIVED THROUGH IMPERMISSIBLE OR ILLEGITIMATE CHANNELS, ALL OF WHICH WILL BE DISQUALIFIED; (B) TECHNICAL FAILURES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE MALFUNCTIONING OF ANY TELEPHONE, COMPUTER ONLINE SYSTEMS, COMPUTER EQUIPMENT, WEBSITE, SERVER PROVIDER, NETWORK, HARDWARE, OR SOFTWARE; (C) THE UNAVAILABILITY OR INACCESSIBILITY OF ANY WEBSITE OR SERVICE; (D) UNAUTHORIZED INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THIS SWEEPSTAKES; OR (E) PRINTING, TYPOGRAPHICAL, ELECTRONIC, OR HUMAN ERRORS WHICH MAY OCCUR IN THE OFFER OR ADMINISTRATION OF THIS SWEEPSTAKES OR THE PROCESSING OF ENTRIES.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NYTES OUT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

THE SWEEPSTAKES SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF LOUISIANA, UNITED STATES OF AMERICA APPLICABLE TO PROMOTIONS FULLY CARRIED OUT WITHIN LOUISIANA, WITHOUT GIVING EFFECT TO CONFLICT OF LAW PRINCIPLES. BY ENTERING, ENTRANTS CONSENT TO THE JURISDICTION OF THE APPROPRIATE FEDERAL, STATE AND LOCAL COURTS LOCATED IN THE STATE OF LOUISIANA FOR ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR THE PRIZE AWARDED. EXCEPT WHERE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES BUT IN NO EVENT ATTORNEYS' AND/OR EXPERTS’ FEES; AND EACH WINNER HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES (INCLUDING ATTORNEY’S FEES), OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.

ENTRANT ACKNOWLEDGES THAT NO OTHER PARTY NOR ANY AGENT OR ATTORNEY OF ANY OTHER PARTY HAS MADE ANY PROMISE, REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, NOT CONTAINED HEREIN CONCERNING THE SUBJECT MATTER HEREOF, TO INDUCE THE ENTRANT TO EXECUTE ANY DOCUMENT AND ENTRANT ACKNOWLEDGES THAT ENTRANT HAS NOT EXECUTED ANY DOCUMENT IN RELIANCE ON ANY SUCH PROMISE, REPRESENTATION OR WARRANTY NOT CONTAINED HEREIN. ANY WAIVER BY NYTES OUT AND ITS AFFILIATES OF ANY TERM OF ANY DOCUMENT IN A PARTICULAR INSTANCE SHALL NOT BE A WAIVER OF SUCH TERM FOR THE FUTURE. IN THE EVENT THAT ANY PROVISION OF THESE OFFICIAL RULES IS FOUND INVALID OR UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THE OFFICIAL RULES SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO THEIR TERMS. BY ENTERING, EACH ENTRANT AGREES THAT IF ANY PROVISIONS ARE DEEMED NOT ENFORCEABLE, SUCH PROVISIONS SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW. ODDS OF WINNING WILL BE DETERMINED BY THE TOTAL NUMBER OF ELIGIBLE ENTITIES RECEIVED.

WINNERS’ LIST. TO OBTAIN THE WINNERS’ NAMES, SEND A STAMPED SELF-ADDRESSED ENVELOPE BEARING SUFFICIENT RETURN POSTAGE ACCOMPANIED BY A HAND-PRINTED REQUEST ENTITLED “WINNERS’ NAMES” TO: NYTES OUT. REQUESTS MUST BE RECEIVED ON OR BEFORE APRIL 30 2024.

USE OF DATA. SPONSOR WILL BE COLLECTING PERSONAL DATA ABOUT ALL ENTRANTS ONLINE IN ACCORDANCE WITH ITS PRIVACY POLICY WHICH CAN BE FOUND HERE. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT HEREBY AGREES TO SPONSOR’S COLLECTION AND USAGE OF SUCH ENTRANT’S PERSONAL INFORMATION AND ACKNOWLEDGES THAT THE ENTRANT HAS READ AND ACCEPTED SPONSOR’S PRIVACY POLICY.