Marc Maron Acast+Giveaway Terms & Conditions
NO SPECIFIC PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN, BUT YOU NEED TO BE AN ACTIVE SUBSCRIBER OF WTF WITH MARC MARON PODCAST+ BY OCTOBER 15, 2023 TO BE ELIGIBLE TO WIN. THE GIVEAWAY IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS.
The Marc Maron Acast+ Giveaway (the “Giveaway”) is sponsored by Acast Stories Inc. (“Acast”) and these terms & conditions and the Giveaway are for the sole benefit of Acast and each participating WTF+ subscriber. Nothing herein, express or implied, is intended to, or shall confer upon any other person, any legal or equitable right, benefit or remedy of any nature whatsoever, and shall not be enforceable by or against any other person or party.
ELIGIBILITY AND ENTRY PERIOD
The Giveaway is open to people who are 18 years of age or older at the time of registration as a subscriber of WTF with Marc Maron Podcast+ (“WTF+”). Employees of Acast and their immediate family members and/or those living in the same household of each are not eligible to participate in the Giveaway. To participate in the Giveaway, you should be an active subscriber of WTF+ by October 15, 2023 (the “Entry Period”).
HOW TO SIGN UP FOR WTF+
To sign up as a subscriber for WTF+, visit https://plus.acast.com/s/wtf-with-marc-maron-podcast and follow the instructions.
Thirty (30) WTF+ subscribers will receive either a poster or an album (in Acast's discretion) personally signed by Marc Maron. No cash or other prize substitution will be granted. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of each winner. Acast shall not be held responsible for any delays in awarding a prize for any reason, or for any lost or stolen prizes. If, after a good-faith attempt, Acast is unable to award or deliver a prize, the prize may not be re-awarded.
The winners will be selected in a random drawing from all eligible subscribers of WTF+ by October 15, 2023. The drawing will be conducted by Acast whose decisions are final and binding.
The winners will be notified via email after the drawing. Each winner must respond and follow any and all instructions (including providing a physical mail address within the United States) in the email within twenty one (21) days to claim the prize. If a winner does not respond within the specified timeframe, Acast reserves the right to select an alternate winner. PLEASE NOTE THAT PRIZES ONLY WILL BE SENT TO PHYSICAL ADDRESSES WITHIN THE UNITED STATES OF AMERICA.
Each WTF+ subscriber is limited to one (1) email address for the purpose of the Giveaway. Any WTF+ subscriber that Acast reasonably believes has utilized or created multiple email addresses or identities for the purpose of the Giveaway, will be disqualified from the Giveaway. Acast reserves the right, in its sole discretion, to permanently disqualify a WTF+ subscriber from the Giveaway if Acast reasonably believes that the WTF+ subscriber has attempted to undermine the operation of the Giveaway by tampering with the operation of the Giveaway.
WAIVER, DISCLAIMER AND RELEASE
By participating in the Giveaway, each WTF+ subscriber agrees to release, discharge and hold harmless Acast, its group companies and its respective officers, directors, employees, and agents (each a “Releasee” or jointly the “Releasees”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to the WTF+ subscriber’s participation in the Giveaway and/or related to any prize (including, without limitation, losses, damages or injuries to WTF+ subscriber’s or any other person’s equipment or other property, or to their persons, related to participation in the Giveaway; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Giveaway activity and/or prize). Without limiting the generality of the foregoing, each WTF+ subscriber agrees that the Releasees have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with any Giveaway and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Each WTF+ subscriber further agrees to indemnify and hold harmless the Releasees from and against any and all liability resulting or arising from the WTF subscriber’s participation in the Giveaway and to release all rights to bring any claim, action or proceeding against Releasees and hereby acknowledge that Releasees 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 a prize. Releasees are not responsible for the actions of WTF+ subscribers in connection with any Giveaway.
LIMITATION OF LIABILITY
THE RELEASEES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, AND REGARDLESS OF WHETHER THE RELEASEES WERE OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASEES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE GIVEAWAY, REGARDLESS OF THE NUMBER OF CLAIMS OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED USD $500.
WAIVER OF UNKNOWN CLAIMS
RESIDENTS OF CALIFORNIA OR STATES WITH SIMILAR LAW: IF YOU ARE A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND YOU DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANCE OF SUCH SPECIFIC WAIVER THEREOF. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THUS, NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE AND DISCHARGE OF RELEASEES, YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY YOU BY THESE TERMS & CONDITIONS IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY YOU AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH YOU MAY HAVE AGAINST ANY RELEASEES. ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO YOUR STATE’S SUBSTANTIALLY SIMILAR PROVISION.
The Giveaway and these terms & conditions are governed by the laws of the State of New York, United States of America without respect to conflict of law doctrines. As a condition of participating in the Giveaway, each WTF+ subscriber agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in City of New York, Borough of Manhattan having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages.
Any questions on this Giveaway should be directed to email@example.com.