THE LAST FIVE YEARS SWEEPSTAKES

THE FIRST LAST FIVE

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. The “The Last Five Years Sweepstakes – The First Last Five” (the “Sweepstakes”) is sponsored by Summer In Ohio, LLC (“Sponsor”), located at 1501 Broadway, FL 24 NY, NY 10036

ELIGIBILITY:

Subject to these Official Rules, the Sweepstakes is open only to residents of the United States, who are at least 14 years old as of the date of entry. If you are at least 14 years old but less than 18 years old, you must obtain parental or legal guardian consent before entering and, if you are selected as a winner, you, as well as your parent or legal guardian, will be subject to the rules regarding the claiming of the prize set forth under “Prize” below. Individuals under 14 years old are not permitted to enter or participate in this Sweepstakes or use any sites on which this Sweepstakes is advertised; if Sponsor determines anyone under 14 years of age has entered or participated in this Sweepstakes, Sponsor will immediately disqualify such individual and shall delete all personally identifiable information regarding such individual. Employees of Sponsor or any of its parents, affiliates, subsidiaries, or advertising or promotion agencies or any other entity involved in the development or administration of this Sweepstakes, and their immediate family members or household members are not eligible to participate in or win the Sweepstakes. “Immediate family members” shall mean parents, step-parents, children, step-children, siblings, step-siblings, grandchildren, step-grandchildren, and spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three consecutive months a year, whether related or not. Potential winners may be required to provide proof of eligibility upon request prior to receipt of Prize. The Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Meta (“Instagram/Facebook”), X, or TikTok. THE SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY. POTENTIAL WINNERS WILL BE REQUIRED TO RESPOND TO AN INITIAL NOTIFICATION FROM SPONSOR WITHIN FORTY-EIGHT (48) HOURS AND MAY ALSO BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS AND RETURN THEM WITHIN FIVE (5) DAYS FROM DATE OF ISSUANCE OF NOTIFICATION, AS MORE FULLY DETAILED BELOW.

ENTRY PERIOD:

The Sweepstakes begins on Tuesday, December 3, 2024 at or around 10AM EST, and ends at 11:59 PM EST on Friday, December 20, 2024 (the “Entry Period”).

HOW TO ENTER:

No purchase or payment is necessary to participate in the Sweepstakes. Enter to win by filling out the form on the Sponsor’s website. Duplicate entries will be disqualified. All entries become property of Sponsor. Sponsor will not return or acknowledge receipt of entries.

By submitting an entry to this Sweepstakes, you agree that any information provided by you or collected by Sponsor in connection with the Sweepstakes may be used by Sponsor or its affiliates to send to you marketing or promotional materials related to Sponsor; or Sponsor’s business, products and/or services. Additionally, by entering this Sweepstakes, you authorize Sponsor, if you are a winner, to use your full name and/or Instagram profile name in a list of one or more winners, which list may be provided to third parties, published in written or electronic materials sent by the Sponsor, published on the website or Facebook, X, TikTok or Instagram account for Sponsor, and/or used in future promotions conducted by Sponsor. Additionally, Sponsor shall have the rights described below under “General Conditions and Releases”.

Sponsor expressly reserves the right to disqualify any entries, in its sole discretion, including any entries that contain inappropriate comments or entries that Sponsor believes in good faith are generated by any automated means or scripts. Entries generated by script, macro or other automated means are void. Sponsor is not responsible for misspellings, typographical errors, or other issues in any Entrant Content, including those that may affect the ability of Sponsor to locate a purported Entrant Content using a search to find eligible entries.

PRIZE:

One Winner will receive two (2) tickets to a performance of The Last Five Years at the Hudson Theatre in New York City. The prize has a retail value of approximately $400.

Tickets will not be available to Winner until the day of the performance at the Hudson Theatre box office. No information on ticket location will be provided until ticket pickup. Tickets may be located anywhere in the Theatre and shall be selected at the discretion of Sponsor. Seats may have a restricted, partial or obstructed view. Accessible seating locations are available on request. Winner must pick up tickets in person at the theatre and present an original, unexpired ID containing Winner’s full name, a photo of Winner’s face, and evidence of Winner’s age, issued by a city, state or federal governmental entity (no photocopies or electronic copies of IDs or expired IDs will be accepted). Valid photo ID must match winner information and Winner must provide written acknowledgement, in form and substance provided by Sponsor, of receipt and acceptance of these Official Rules or tickets will not be released. Sale or re-sale of the tickets will void tickets. Tickets are non-transferable and no exchanges will be permitted. Start time of performance, cast and performers subject to change.

WINNER SELECTION:

One (1) winner will be selected in a random drawing on December 23, 2024. Should the individual selected meet the eligibility requirements and conditions of this Sweepstakes, that individual shall be certified as the winner. All drawings will be conducted by the Sponsor, whose decision is final and binding on all matters related to the Sweepstakes.

Winner will be notified via an email to the provided email address on December 23, 2024 provided that Sponsor reserves the right to determine an alternate method of notification. Winner must respond to Sponsor within 48 hours of delivery of the Prize notification to Winner, stating that Winner wishes to accept the Prize. A Sweepstakes winner’s failure to respond to the Prize notification within the specified 48-hour period will be considered such Sweepstakes winner’s forfeiture of the Prize, and an alternate winner may be selected from the pool of eligible entries. If an entrant selected or certified as the Winner is found, at any time, to be ineligible, an alternate winner may be selected from the pool of eligible entries.

If a Winner is at least 14 years old but less than 18 years old, Prize must be claimed on behalf of such Winner, by a parent or legal guardian of such Winner, who must provide written acknowledgement, in form and substance provided by Sponsor, of receipt and acceptance of these Official Rules, in parent/legal guardian’s own capacity and on behalf of such Winner. Parent/legal guardian may be required to sign an Affidavit confirming such relationship to Winner. No prize will be provided directly to any Winner who is at least 14 years old but under 18 years old.

Each Entrant, upon submission of any Entrant Content in this contest, hereby irrevocably grants to Sponsor, and each of its licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Entrant Content submitted as part of the contest, in whole or in part, for any purpose and in any manner or medium now or hereafter known or devised (including, without limitation, optical media, streaming media, film, television, print, interactive devices, mobile media, Internet and online systems), throughout the universe and in any and all languages (including, without limitation, the right to display, reproduce, recreate, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title, and adapt the same, to combine it with other material and otherwise use and exploit it) without having to give any compensation or attribution to Entrant or any third party, except for the awarding of the prize to the winner in this contest. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works of Entrant Content, to assign or transfer any or all of Sponsor’s granted rights and to grant unlimited, multiple-level sublicenses. Without limiting any of the foregoing, Sponsor will have the right to use the Entrant Content in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights” (droit moral) now or hereafter recognized in connection with their Entrant Content. Entrants acknowledge that, as a condition of being selected as the winner in this contest, Sponsor may request that the Entrant grant Sponsor additional rights in the Entrant Content.

All Entrant Content must meet all of the following requirements, as determined by Sponsor in its sole discretion, or the associated entry may be disqualified:

Entrant must not create or imply any association between Sponsor and any individual or entity Entrant’s products or services.
Entrant Content must not infringe, misappropriate, or violate any rights of any third party including, without limitation, copyright (including moral rights), trademark, trade secret, or rights of privacy or publicity.
Entrant Content must not include information or content that is false, fraudulent, deceptive, misleading, defamatory (include trade libel), disparaging, harassing, threatening, profane, obscene, pornographic, hateful, indecent, negative, inappropriate, or injurious to any Released Party or any other party.
Entrant Content must not contain or describe any harmful or illegal activity or content or in any way violate any federal, state/provincial/territorial, or local laws, rules, or regulations.
Entrant Content must be suitable for presentation in a public forum.
Entrant Content must not suggest, depict, or describe any inappropriate, unlawful, or dangerous behavior or use of Sponsor’s or any other products or services.
All Entrant Content posted to a Social-Media Platform must comply with the terms, policies, guidelines, and technical specifications applicable to that Social-Media Platform, including all size restrictions for uploaded content.
You agree that your participation in the contest and agreement to these Official Rules and any Released Party’s display and use of the Entrant Content will not violate any agreement to which you are a signatory or party and that no such agreement otherwise limits your ability to participate in this contest or the rights granted to Sponsor in these official rules.
You agree to indemnify the Released Parties against any and all claims from any third party for any use by any Released Party of the Entrant Content authorized pursuant to these Official Rules.
Sponsor reserves the right in its sole discretion to disqualify you from the contest if your Entrant Content – as determined by Sponsor in its sole discretion – refers, depicts, or in any way reflects negatively upon a Released Party, the contest, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.

The odds for winning depend on the total number of entries received. Decisions of the Sponsor are final and binding with respect to all matters related to the Sweepstakes. In no event shall the Sponsor be obligated to award any prizes other than the Prize specified in these Official Rules. The Prize is non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize should become unavailable for any reason. Winner shall be responsible and liable for all federal, state and local taxes on the value of the Prize, and any related travel, transportation, room/board and lodging costs associated with the Prize. To receive a complete list of winners or a copy of the Official Rules, within six (6) months after the end of the Entry Period, send a self-addressed stamped envelope to THE LAST FIVE YEARS SWEEPSTAKES – FIRST LAST FIVE, Summer In Ohio, LLC (“Sponsor”), located at 1501 Broadway, FL 24 NY, NY 10036

GENERAL CONDITIONS AND RELEASES:

By entering the Sweepstakes or accepting a Prize, you agree to conform to all federal, state and local laws and regulations. When applicable, the winner may be required to execute and return (and winning may be conditioned upon such winner executing and returning) to Sponsor, within two (2) business days of delivery of such forms, an Affidavit of Eligibility and a Liability and Publicity Release prepared by Sponsor to be eligible for the Prize, or an alternate winner will be selected. Winners may be required, in Sponsor’s sole discretion, to complete waivers and relevant tax forms as a condition to the delivery of the Prize. Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to you or any review or approval rights, notifications, or permissions; and constitutes your consent to the disclosure of your personally identifiable information to third parties (including, without limitation, via the inclusion of your name on a winner’s list).

An entrant or winner may be disqualified from the Sweepstakes if the individual fails to comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Sweepstakes is at entrant’s own risk. Each of Sponsor, Sponsor’s advertising and marketing agencies, Summer In Ohio, LLC, SpotCo, Marathon Digital, Meta, Instagram, TikTok, and each of their respective affiliates, vendors, parents, subsidiaries, shareholders, partners, members, directors, officers, employees, attorneys, agents and representatives shall not be liable for: (1) failed, returned or misdirected notifications based on inaccurate information provided by any individual in connection with an entry; (2) entries and responses to winner notifications that are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical errors of any kind; (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions; (4) any technical malfunctions or failures of any telephone network, computer on-line system, computer equipment, software, or program; delayed computer transactions or network connections; or any combination thereof; (5) any injury or damage to entrant’s or any other person’s computer or mobile device as a result of, arising from or in connection with this Sweepstakes or any participation or attempted participation in this Sweepstakes; or (6) any warranty with respect to any Prize or any component thereof. THE PRIZE IS AWARDED “AS IS” AND SPONSOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND REGARDING THE PRIZE.

NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, EACH OF THE SPONSOR, SPONSOR’S ADVERTISING AND MARKETING AGENCIES, SUMMER IN OHIO, LLC, MARATHON DIGITAL, TIKTOK, META, AND INSTAGRAM, AND EACH OF THEIR RESPECTIVE AFFILIATES, VENDORS, PARENTS, SUBSIDIARIES, SHAREHOLDERS, PARTNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (A) ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, GOODWILL, OR ANTICIPATED PROFITS), (B) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR (C) ANY MATTER BEYOND SUCH PARTY’S REASONABLE CONTROL.

By entering the Sweepstakes, you agree to and hereby do release and hold harmless each of Sponsor, Sponsor’s advertising and marketing agencies, Summer In Ohio, LLC, Marathon Digital, Meta, TikTok and Instagram, and each of their respective affiliates, vendors, parents, subsidiaries, shareholders, partners, members, directors, officers, employees, attorneys, agents, and representatives, from and against any and all damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from your acceptance, possession, use, and/or non-use of any Prize; your participation in this Sweepstakes; any cancellation, suspension or postponement of all or any part of an event, attraction or performance to which a Prize may relate or your attendance at any such event, attraction or performance; any misuse or malfunction of any Prize awarded; and/or any factors beyond the reasonable control of Sponsor, in each case regardless of whether any one or more of such Claims, or knowledge of the facts constituting any one or more of such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Sweepstakes may be prosecuted to the fullest extent of the law. Sponsor reserves the right to amend or modify these Official Rules in any way at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes for any reason, including, without limitation, as a result of any viruses, bugs or other causes beyond its control corrupting the administration, security or proper operation of the Sweepstakes. In the event of cancellation or suspension, Sponsor shall promptly post a notice on Sponsor’s social media channels to such effect. This Sweepstakes shall be governed by New York law, without regard to conflicts of laws provisions. By participating in this Sweepstakes, you agree that any dispute or litigation arising from or relating to this Sweepstakes shall be determined by binding arbitration only in New York, NY, by and under the Streamlined Arbitration Rules and Procedures of JAMS, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Sponsor may seek equitable relief in any court of competent jurisdiction. If any provision of these Official Rules is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Official Rules otherwise remain in full force and effect and enforceable.

The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the Entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entry, email, mail, or contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, any contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Released Parties are not responsible, and may disqualify an Entrant, if the Entrant’s email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not responsible or liable to any Entrant or Winner (or any person claiming through such Entrant or Winner) for failure to supply the prize or any part thereof in the event that any of the contest activities or Released Parties’ operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.