L.L.Bean & Noah Kahan Concert Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
PROMOTION PERIOD: The L.L.Bean & Noah Kahan Concert Sweepstakes (the “Sweepstakes”) begins on or about 12:00 a.m. Eastern Time (“ET”) on June 6, 2024 and ends at 11:59 p.m. ET on June 20, 2024 (the “Promotion Period”).
SPONSOR: L. L. Bean, Inc., 15 Casco Street, Freeport, ME 04033 (“Sponsor”).
ELIGIBILITY: Sweepstakes is open to legal permanent residents of the fifty (50) United States (including the District of Columbia) who have reached the legal age of majority (which is 18 in most states, but 19 in Alabama and Nebraska and 21 in Mississippi) in their state of residence (each, an “Entrant”). Employees, officers, directors, agents and their support staff and representatives of Sponsor, teamDigital Promotions, Inc. ("Administrator"), Noah Kahan, Republic Records (a division of UMG Recordings, Inc.), Busyhead Touring, Marcus & Colvin, LLP and each of their respective parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, and anyone else connected with the production and distribution of this Sweepstakes (hereafter, collectively, “Sweepstakes Entities”) and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. By entering, you understand that you are providing your information to the Sponsor and not Instagram. The information you provide as detailed below will only be used for Sweepstakes purposes.
HOW TO ENTER: To participate in the Sweepstakes you must complete the following steps: 1) Have a public Instagram account ("Instagram Account"). If you do not have an Instagram Account you may sign-up for free by downloading the Instagram application from your mobile device’s app store or by visiting www.instagram.com and following the enrollment instructions. Creating an Instagram account is free; 2) Search for L.L.Bean and Noah Kahan from your Instagram home page; 3) If you are not already following @llbean and @noahkahanmusic, click the “Follow” button corresponding to the official @llbean and @noahkahanmusic accounts; and 4) Post your favorite outdoor activity including the hashtag #NoahKahanxLLBeanSweepstakes (herein “Entry” or “Entries”).
To receive one (1) entry, your Instagram Account setting must be set to public, and you must complete all the above steps as directed. By submitting an Entry as outlined above, Entrants are confirming their acceptance and agreement to these Official Rules.
INSTAGRAM ACCOUNT ENTRY CRITERIA AND TERMS: Entries must be made by the authorized Instagram Account holder at the time of Entry. “Authorized Instagram Account holder” is deemed as the natural person who is assigned to the Instagram Account from which the Entry was received. Entries must be posted by the close of the Promotion Period to be eligible to be included in the random drawing. If your Instagram Account is private, your Entry will NOT be eligible; you must change the setting on your account from private to public in order to submit an eligible Entry. In order to enter you must have a valid Instagram Account and agree to the respective platform’s Terms of Service: https://www.instagram.com/about/legal/terms/.
ADDITIONAL ENTRY CRITERIA AND TERMS: Entries that contain information that is deemed to be lewd or profane; promote alcohol, illegal drugs, marijuana, tobacco/vape products, firearms/weapons (or the use of any of the foregoing); contain material that violates or infringes on another’s rights, including privacy, publicity, or intellectual property; material that is hateful or defamatory; material that promotes bigotry, racism, or harm against a group or individual or promotes discrimination; or material that is unlawful or in violation of or contrary to the laws or regulations in any state, will be disqualified as determined solely by Sponsor. All entries may be reviewed for content. Entries containing such prohibited content and/or otherwise deemed by Sponsor, in its sole discretion, to be inappropriate will be disqualified. Sponsor makes the final determination as to what entries are eligible to take part in the Sweepstakes. By entering, Entrants agree that all entries will not be acknowledged or returned. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third-party liability or obligations. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may result in the Entrant being disqualified.
As a condition of entering the Sweepstakes, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address, social handle, and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Any information Entrant provides to Sponsor may be used to communicate with Entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.
The time clock of the Sweepstakes administrator is the official clock for this Sweepstakes. The use of automated devices to enter this Sweepstakes is prohibited. Sweepstakes Entities assume no responsibility for lost, late, or misdirected entries or any computer, online, telephone, or technical malfunctions that may occur. In the event of a dispute as to the identity of an Entrant based on the Instagram username submitted, Entry will be awarded to the authorized account holder of the Instagram Account from which said Entry was submitted provided such individual is eligible according to these Official Rules. In the event a winning account selected is a joint account, a total of one (1) prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be requested by Sponsor.
SPONSOR'S USE OF ENTRY: Posting an Entry or Entries constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, Entrant will sign any documentation that may be required by Sponsor or its designees to make use of the non-exclusive rights Entrant is granting to use the Entry. Sweepstakes Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, unintelligible, garbled, delayed or misdirected Entries; all of which will be void.
TWO (2) GRAND PRIZES: Each Grand Prize winner will receive a 2-night trip for winner and one (1) guest to attend a Noah Kahan concert, scheduled to take place at Fenway Park in Boston, MA in July 2024. Each Grand Prize trip consists of round-trip coach air transportation from a major airport near to the winner’s residence in the U.S., standard double-occupancy hotel accommodations for two (2) nights and two (2) tickets to the concert. Approximate Retail Value ("ARV"): $2,500 each. Total ARV of all prizes to be awarded: $5,000.
TRIP CONDITIONS: Actual prize value will vary depending on the respective winner's city of departure. Sponsor, in its sole discretion, reserves the right to provide ground transportation in place of air transportation if winner lives within a 150-mile distance from Boston, MA as determined by Sponsor, and to award no additional compensation or substitution for the difference in prize value. All travel is subject to availability, government restrictions and regulations, hotel, airline, airport or other transportation terminal (or other types of transportation) restrictions and regulations. Other restrictions may apply. Travel and hotel arrangements determined by Sponsor in its sole discretion and must be made through Sponsor’s agent, on a carrier of Sponsor’s choice. Winner will be required to provide a credit card prior to hotel check-in and is solely responsible for all incidental charges and may be required to sign an additional liability release for the use of the accommodations. Trip must be taken on dates and times designated by Sponsor or prize will be forfeited in its entirety and may be awarded to an alternate winner. Sponsor reserves right to change dates. Winners and their respective guest must travel together on the same itinerary. Guest must be of legal age of majority in their jurisdiction of residence (and at least 18) unless child or legal ward of applicable winner. Winner and their respective guest are responsible for obtaining all necessary travel documents prior to travel. Winners and their respective guest are responsible for obtaining travel insurance (and all other forms of insurance), unless otherwise noted, at their option and hereby acknowledge that Sponsor has not nor will obtain or provide travel insurance or any other form of insurance. Guest(s) will be required to sign and return a Liability Release and (where legal) Publicity Release within one (1) day of date of issuance of notification. If the potential Guest is a minor child or legal ward of the respective Grand Prize winner, the Grand Prize winner will be required to execute the Liability Release and Publicity Release (unless prohibited by law) on their child’s behalf. In the event that the respective winner or their guest are unable to obtain the necessary travel documents prior to trip departure date the respective winner in question will forfeit the respective trip in its entirety and the prize may be awarded to an alternate winner. Sponsor is not responsible for any cancelled, delayed or rescheduled events (including, but not limited to airline flights and related concerts). In the event a winner and/or guest misses a scheduled airline flight (through no fault of Sponsor or due to Force Majeure), Sponsor will have no liability for any costs associated with changing or rebooking transportation. Winners and their respective guest must comply with Fenway Park’s rules and regulations. Failure to do so may result in forfeiture of applicable prize element. Exact seat locations at each concert to be determined by Sponsor in its sole discretion. Concert tickets are not for re-sale and cannot be sold after awarded.
ADDITIONAL PRIZE DETAILS: Prizes are awarded “as is” without any warranty or guarantee, either express or implied by Sponsor. All prize details are at Sponsor’s sole discretion. Costs other than as stated in these Official Rules, including without limitation, ground transportation, parking, food, drinks, souvenirs or other incidentals, is not included in prize and is each winner’s sole responsibility. All fees, federal, state, income tax, and/or other expenses relating to the use, acceptance and possession of prize are the sole responsibility of winner. An IRS form 1099 will be filed in the name of each winner for the retail value of prize. The Sponsor is not responsible for and will not replace any lost, mutilated or stolen concert tickets or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited, and the Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. Sponsor is not responsible for, and winner will not receive the difference, in any, between the actual value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.
WINNER SELECTION: Potential winners will be selected in a random drawing conducted by Administrator, on or about June 21, 2024 from among all the eligible entries received during the Promotion Period. Odds of winning will depend upon the total number of eligible entries received. Limit one (1) prize per person, per household, and per valid email address.
WINNER NOTIFICATION: Potential winners will be notified on or about June 21, 2024 via Instagram direct message by Sponsor from the @llbean handle and must respond as directed within twenty-four (24) hours of notification or the potential winner will be disqualified and prize will be awarded to an alternate potential winner, at Sponsor’s sole discretion. Each prize will be awarded to the person that is the authorized account holder of the Instagram Account from which the winning Entry was submitted, subject to eligibility verification and compliance with these Official Rules.
Potential winners will be required to execute and return an Affidavit of Eligibility, Liability Release and (where legal) Publicity Release or any other requested document within three (3) days of date of issuance of a document. Non-compliance with the foregoing or with these Official Rules in any way, the inability to contact a potential winner (as specified above) or return of prize or prize notification as non-deliverable may result in disqualification and, at Sponsor’s discretion, the awarding of the applicable prize to an alternate potential winner in a random drawing from among all remaining eligible entries. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Entrant’s e-mail account to receive e-mail messages. The Sweepstakes Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Sponsor shall have the right to announce the winners on its social feeds (Instagram, Twitter, Facebook or otherwise), in its sole discretion.
GENERAL: By participating in this Sweepstakes, Entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) represent and warrant that he or she meets all the eligibility criteria set forth in these Official Rules; (d) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (e) agree to indemnify, defend and hold harmless Sponsor, Sweepstakes Entities and Instagram from and against any and all liability arising out of or relating in any way to Entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sponsor and Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, damages and causes of action for personal injuries, illness or death and/or damage to personal or real property, theft, loss or any other harm, suffered directly or indirectly from Entrant’s participation in Sweepstakes (including travel to/from or participation in any Sweepstakes related event or activity) or the receipt or acceptance, redemption, possession, use or misuse of the Prizes (hereinafter defined), any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize, and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related or other cause of action.
Those participating in the Sweepstakes via mobile phone may incur standard data charges from their wireless service provider (Entrants are solely responsible for any such wireless charges). Sponsor and Released Parties are not responsible for lost, incomplete, illegible, late, misdirected, stolen, undelivered, misdirected, damaged, or garbled entries; any error, omission, interruption, defect or delay in transmission, interrupted or unavailable network, cable, satellite, Internet Service Provider (ISP), server or other connections; miscommunications, failed computer hardware or software or technical failures; garbled, misrouted or scrambled transmissions; incomplete entries or communications; the cancellation or postponement of any portion of the Sweepstakes , or other errors; printing, typographical or other errors appearing within these Official Rules, in any Sweepstakes -related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, computer, electronic, mail or otherwise relating to or in connection with the Sweepstakes , including, with limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes, or the cancellation or postponement of any concert. Sponsor reserves the right, in its sole discretion, to void any and all entries of an Entrant who they believe has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. ANY ATTEMPT BY A PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. The use of automated or similar devices, which subvert the Entry process, including but not limited to entries submitted using any bot, macro, script, or sweepstakes service (or any other devices intended to automate any aspect of Entry) to enter this Sweepstakes is prohibited and entries through such devices are void. Illegible and/or incomplete entries and entries submitted by Entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules or other instructions of the Sponsor may be disqualified. Sponsor, in its sole discretion, reserves the right to: 1.) disqualify any person who tampers with the Entry process or any other component of this Sweepstakes , or who is otherwise in violation of these Official Rules; and 2.) modify, suspend or terminate this Sweepstakes for any reason, as determined by Sponsor in its sole discretion, including should virus, bug, worm, unauthorized intervention or other causes, including but not limited to war, strikes, pandemic, terrorist activities, and/or acts of God, corrupt or impair the administration, security, fairness or proper play of this Sweepstakes and, in the event of termination, at its discretion, select winners from among eligible, non-suspect entries received as of the date of the event requiring such termination. By participating, Entrants agree to be bound by these Official Rules and agree that: 1.) Sponsor and Sweepstakes Entities and their designees and assigns may use (unless prohibited by law) such Entrant’s name, voice, city/state of residence, social media handle/presence, biographical information, photograph, and/or other visual likeness for advertising and/or trade purposes and/or for the purpose of posting their name on any of Sponsor’s or Noah Kahan’s social media channels, and for TV or radio broadcasts and for any other purpose in any media or format now or hereafter known worldwide in perpetuity without further compensation, permission or notification; and 2.) Sponsor and Sweepstakes Entities are released, will have no liability whatsoever for, and shall be held harmless by Entrants against any liability for any injuries, illness, losses or damages of any kind (whether due to negligence or otherwise) to person(s), including death, or property, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, or participation in this Sweepstakes (including travel to/from or participation in any Sweepstakes related event or activity).
GOVERNING LAW / LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Entrants, Sponsor or the Sweepstakes Entities in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of Maine, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR THE PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Cumberland County, Maine and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Cumberland County, Maine. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Cumberland County, Maine. The parties agree that any questions or disputes regarding the arbitrability of any dispute shall be decided by the arbitrator. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
WINNER’S LIST: For the names of the winners (available after both winners have been confirmed), visit http://winners.teamdigital.com/LLBean. Winners names will be available until September 30, 2024