KEYBANK & CMAC THE AVETT BROTHERS TICKET SWEEPSTAKES OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES.

A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED

1. PROMOTION PERIOD: The KeyBank & CMAC The Avett Brothers Sweepstakes (the “Sweepstakes”) begins at 12:30 PM Eastern Time (“ET”) on May 10, 2024 and ends at 11:59 PM ET on May 16, 2024 (the “Promotion Period”).

2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States residing in New York State who are 18 years of age or older as of the date of entry. Employees of Friends of the Constellation Brands-Marvin Sands Performing Arts Center, Inc. (“CMAC” or “Sponsor”), Constellation Brands, Inc., KeyBank National Association (“KeyBank”), and their respective parents, subsidiaries, divisions, affiliates, suppliers, contractors, advertising and promotional agencies (collectively, “Released Parties”), and their immediate and extended family members (including but not limited to spouses, domestic partners, parents, children, and siblings and their respective spouses, regardless of where they reside) and household members of each (whether related or not) are not eligible to participate or win. New York State public officers, members of the legislature, local government officials or government employees, anyone in their immediate families (including but not limited to spouses, domestic partners, parents, children, and siblings and their respective spouses, regardless of where they reside) and household members of each (whether related or not) are not eligible to participate or win. Void outside of New York State and where prohibited by law. All federal, state and local laws and regulations apply. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.

3. HOW TO ENTER: There are two ways to enter: (a) During the Promotion Period, send an email to [email protected] with the subject line The Avett Brothers containing all of the following information: (i) your first and last name, (ii) a valid email address; and (iii) phone number; or (b) During the Promotion Period, the CMAC Instagram account will post various Sweepstakes calls-to-action (“CTAs”). You must follow the instructions provided in the CTA, including any required tags or hashtag(s) (if applicable), to receive one (1) entry into the Sweepstakes (“Entry” or “Entries”). Entries must be received by 11:59 PM ET on May 16, 2024. You may only use one (1) Instagram account ID to enter. Multiple entrants are not permitted to share the same Instagram account to submit an Entry. Limit one (1) Entry per person/Instagram username per day. You must have a non-private Instagram account to enter and have your account privacy setting set to “Off”. An Instagram account can be opened for free by downloading the Instagram application from the Apple store or Google Play. Instagram Entries must comply with Instagram Terms of Use (com/about/legal/terms/). Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified. Normal internet access and data charges imposed by your internet/wireless phone service provider may apply. See your internet/wireless provider for pricing plan details. Entries generated by script, macro or other automated means and Entries by any means which subvert the Entry process are void. Entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. Any use of robotic, repetitive, automatic, programmed or similar Entry methods or agents (including, but not limited to, sweepstakes entry services to create fraudulent email addresses, Instagram accounts and/or identities) will void all Entries by that entrant. In the event of a dispute as to any Entry, the authorized account holder of the email address or email address associated with the Instagram account used to enter will be deemed the entrant. “Authorized email account holder” is defined as the natural person who is assigned to an email address by an Internet access 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. Only eligible entries received in accordance with these Official Rules will be included in the Drawing. Illegible, unintelligible, incomplete, garbled or mutilated entries will be disqualified. Potential winner may be required to show proof of being the authorized account holder associated with the Entry.

Entries will not be judged but must adhere to the Entry Guidelines indicated below, as determined by Sponsor in its sole discretion.

ENTRY GUIDELINES:

  • Entry must be original and any text contained in Entry must be in English.
  • Entry must not (and entrants represent and warrant that he/she will not), violate or infringe any third-party copyright, trademark, trade dress, or other proprietary right of any entity or person (living or deceased), including but not limited to the rights of privacy, publicity or portrayal in a false light.
  • Entry should not include content with the potential to result in any injury or bodily harm.
  • Entry should not contain any obvious reference to any commercial/corporate advertising, including but not limited to corporate logos, brand names (other than Sponsor’s and/or KeyBank’s), slogans, political, or religious statements, or be otherwise objectionable, as determined in Sponsor’s sole discretion. Sponsor reserves the right (but not the obligation) to blur or black out any infringing material in their sole discretion.
  • Entry must not include any commercial solicitation or promotional materials, websites, contact information or personally-identifiable information (e.g., first or last name, address, phone number, place of work, email address, etc.), unless entering via the direct e-mail method.
  • Any Entry deemed inappropriate or unsuitable, in Sponsor’s sole discretion, will be disqualified and may be deleted.
  • Entry must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise.
  • Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor, the Released Parties, or their respective products and services, or other people, products or companies.
  • Entry must not contain content that is false, inaccurate or misleading.
  • If an Entry includes the image or likeness of anyone other than the entrant, entrant represents and warrants that entrant has obtained permission from each such individual, that entrant agrees to provide written copies of such permission to Sponsor upon request.

By submitting an Entry in this Sweepstakes, entrant grants Sponsor and all other such persons as Sponsor may designate, the absolute, irrevocable, worldwide, perpetual right and permission to use, reproduce, publish, store, post, display, distribute, modify, prepare derivative works of and/or otherwise use the Entry, in any manner, form, format or media now or hereinafter created, including on the Internet, and for any purpose, including but not limited to advertising of Sponsor, the Sweepstakes, and Sponsor’s products, all without further notice, consent or payment. Entries may be posted on the Sponsor’s website and/or social media accounts, and may be posted on other non-affiliated websites and/or social media accounts, in Sponsor’s sole discretion. Such posting will have no bearing on winner determination.

4. RANDOM DRAWING: One (1) Grand Prize winner will be randomly selected on or about May 17, 2024 from among all eligible Entries received during the Promotion Period. Random drawing will be conducted by Sponsor whose decisions are final on all matters relating to the Sweepstakes. The odds of winning will depend on the total number of eligible Entries received during the Promotion Period.

5. WINNER NOTIFICATION: Potential Grand Prize winner will be contacted by Sponsor via e-mail or Instagram Direct Message (“DM”) and will be asked to provide additional information (including email address) back to the Sponsor within forty-eight (48) hours of notification, so that required documents can be sent to potential winner for completion. Potential Grand Prize winner will then be required to complete and return via email/email link, an Affidavit of Eligibility, Liability and Publicity Release within three (3) days of Sponsor’s attempted delivery of same. Noncompliance within any specified time frames, return of prize or prize notification as undeliverable, or declining the prize for any reason, will result in disqualification without further notice and selection of an alternate winner in a random drawing from among all remaining eligible Entries. Where permitted by law, Sponsor reserves the right to not conduct any redraws and not award the prize(s).

6. PRIZE & APPROXIMATE RETAIL VALUE: One (1) Grand Prize: Grand Prize shall consist of 2 tickets, 2 Headliner Lounge passes, and 1 parking pass for use by winner and a guest to the The Avett Brothers concert scheduled on May 24, 2024 at the Constellation Brands-Marvin Sands Performing Arts Center in Canandaigua, NY (the “Event”).  Tickets are subject to availability, venue capacity, age, and other restrictions. Selection of Event seat locations is in Sponsor’s sole discretion. If winner is unable or unwilling to attend Event on the date or in the location selected, the prize will be forfeited and may be awarded to an alternate winner. Each prize winner and guest are solely responsible for all other travel expenses not specifically set forth herein, including but not limited to meals, incidentals, lodging, surcharges, service charges, personal charges, security fees, shipping and handling, taxes, transportation (ground and airfare), travel and other insurance, souvenirs and other incidentals and items of a personal nature. DO NOT ENTER THE SWEEPSTAKES IF YOU ARE NOT PREPARED TO PAY FOR LODGING AND TRAVEL TO/FROM THE EVENT. Winner’s guest to the Event must be 18 years of age or older and must execute liability/publicity releases prior to issuance of tickets and/or admission passes. Sponsor is not responsible for lost, mutilated or stolen Event admission passes/tickets. The names of individuals, companies, products and/or logos are used for identification purposes only and are the intellectual property of their respective owners. The mention of any entity, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such entity or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred. Sponsor is not responsible if the Event is delayed, postponed or cancelled for any reason, or for issues arising from the operation and management of the Event, in which event the prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. In the event the Event is cancelled or postponed, Sponsor will have no obligation to award compensation in lieu thereof. Failure to attend Event does not relieve winner of his/her tax obligations associated with acceptance of a prize, as outlined elsewhere in these Official Rules. Approximate Retail Value (“ARV”) of the Grand Prize: $300.

7. GENERAL CONDITIONS, RELEASE AND LIMITATION OF LIABILITY: Winner is responsible for any and all federal, state and local taxes. No transfer, assignment or substitution for prize will be permitted. The Released Parties assume no responsibility or liability for damages, losses or injury resulting from acceptance, use or misuse of the prize. In no event will more than the stated prize be awarded. If an entrant submits more than the stated number of entries permitted, and/or if the Sponsor suspects that an entrant attempted to obtain additional entries by using multiple or different email addresses, registrations, identities or any other method, Sponsor will void that entrant’s entries and that entrant may be disqualified. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. The Released Parties are not responsible for lost, late, incomplete, misdirected, invalid or unintelligible entries, which will be disqualified. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services to create fraudulent phone numbers and/or identities) will void all entries by that entrant. In exchange for the right to participate in the Sweepstakes, entrants/winner agrees to release, discharge and hold harmless Released Parties and Instagram from and against any and all liability (including, but not limited to, damages caused or claimed to be caused, losses, or injury) arising out of participation and/or acceptance/use or misuse of the prize, and agree to be bound by these Official Rules and Sponsor’s decisions, which are final. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control. The Released Parties are not responsible for any typographical or other error in the printing of the Sweepstakes material, administration of the Sweepstakes or in the announcement of the prize. NOTICE: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Released Parties are not responsible for faulty, incorrect, undeliverable or mistranscribed phone/email transmissions, incorrect announcements of any kind, technical hardware or software failures of any kind including any injury or damage to any person’s computer, phone or device related to or resulting from participating in or experiencing any materials in connection with the Sweepstakes, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer or device transmission that may limit a user’s ability to participate in the Sweepstakes. The Released Parties assume no responsibility for undeliverable emails, including but not limited to those resulting from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s email account to receive email. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud, misconduct or technical failures threaten the integrity of the Sweepstakes; or if a computer virus, bug, or other technical problem corrupts the administration or security of the Sweepstakes as determined by Sponsor, in its sole discretion. In the event of termination, a notice will be posted online and the drawing for the Grand Prize will be conducted from among all eligible Entries received prior to termination. Sponsor reserves the right to prohibit the participation of an individual if fraud or tampering is suspected or if the individual fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules.

8. PUBLICITY: Acceptance of prize constitutes permission for the Sponsor and its agencies to use winner’s name and/or likeness and Entry for purposes of advertising and trade without further compensation, including a winner list, unless prohibited by law.

9. DISPUTES: THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW YORK, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the parties, and all causes of action arising out of or connected with this Sweepstakes, shall be resolved individually without resort to any form of class action and exclusively before a court having jurisdiction located in Monroe County, New York. In any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages, including reasonable attorneys’ fees, other than entrant’s actual out-of-pocket expenses (e.g., evidenced costs associated with entering this Sweepstakes). Entrant further waives all rights to have damages multiplied or increased.

10. PRIVACY: Any personal information that an entrant provides in connection with the Sweepstakes shall be used by Sponsor to administer this Sweepstakes, contact entrants, and for the other purposes set forth in the Sponsor’s privacy policy located at https://www.cmacevents.com/privacy-policy/. By entering this Sweepstakes, you agree to and accept that privacy policy.

11. WINNER LIST: For the names of the prize winners, send a self-addressed, stamped envelope by to Sponsor at the address listed in Section 13 no later than thirty (30) days following the conclusion of the Sweepstakes.

12. OFFICIAL RULES REQUEST: For a copy of the Official Rules, send a self-addressed, stamped envelope by to Sponsor at the address listed in Section 13 no later than thirty (30) days following the conclusion of the Sweepstakes.

13. SPONSOR: Friends of the Constellation Brands-Marvin Sands Performing Arts Center, Inc., 3355 Marvin Sands Drive, Canandaigua, NY 14424.

This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram. You understand that you are providing your information to the Sponsor and not to Instagram.