Official Rules & Terms

  1. The term “Contest” refers, in this document, to a sweepstake-style giveaway, where a random selection (via the True Random Number Generator at Random.org) will define the outcome for a winner.
  2. The term “Sponsors” refers to the companies providing products included in the Contest’s prizes.
  3. The winner of this contest will be sent the prize item(s) described on Delicious Audio’s giveaways page.
  4. Only one entry per person is allowed, duplicate entries will be removed before drawing a winner.
  5. No employees or employee relatives of Delicious Audio or the Sponsors will be allowed to enter to win the giveaways.
  6. Entered Users agree to release Delicious Audio and its agents, advertisers, Sponsors or promotional partners, from all liability arising from participation in any Contest or Giveaway.
  7. Entered Users must be eighteen (18) years of age or older at the time of Contest to enter.
  8. If indicated on the Delicious Audio contest page as “Open to US Residents Only”, the Delicious Audio Giveaway will only be available to legal residents of the United States of America and the District of Columbia who are eighteen (18) years of age or older at the time of contest. For US-only giveaways, the winner must provide a U.S. mailing address (no P.O. boxes) where the prize can be shipped. Void in Puerto Rico, and wherever prohibited or restricted by law.
  9. If indicated on the Delicious Audio contest page as “Open to UK Residents Only”, or “Open to Canada Residents Only” the Delicious Audio Giveaway will only be available to legal residents of the specified countries who are eighteen (18) years of age or older at the time of contest.
  10. For Contests restricted to UK and/or UE residents, due to GDPR legislation and UK data protection law, Sponsors won’t be allowed to store the data gathered from the Contast (read: the subscribers’ email addresses) outside the UK/EU. For example, UK/EU based distributors won’t be able to share this data with their non-UK/EU clients. Delicious Audio can’t be held responsible in the event a Sponsor breaks these laws.
  11. Winners will be notified by email within 1-2 weeks of the contest closing and must respond within 7 days or forfeit the prize. Winners must provide a mailing address (no P.O. boxes) where the prize can be shipped.
  12. If the winner fails to claim the prize within 14 days, we will select another winner via http://www.random.org.
  13. Winners may be announced in Delicious Audio’s Newsletter following the Contest.
  14. Winners will not be eligible to win another Giveaway until 6 months after the Contest they last won.
  15. Giveaways are only open to Delicious Audio subscribers and thereby require that you enter your email address to become a subscriber.
  16. In the US and Canada, Delicious Audio reserves the right to share these email addresses with the contest’s Sponsors. In the UK and EU, according to GDPR legislation, subscribers must give consent for their email address to be shared with the Sponsors, and a checkbox will be provided on the contest page for them to do so. Delicious Audio will only share with the sponsors the email addresses of the subscribers who have given consent.
  17. Subscribers can opt-out of Delicious Audio’s newsletter and remain in the running for the giveaway, and opt-out of any future promotions coming to you from the contest’s promotional partner.
  18. All applicable taxes, including all federal, state, local and other taxes and any license, destination and delivery charges are the sole responsibility of Winner. Winner may be issued a 1099 tax form for the ARV (Approximate Retail Value) of the Prize.
  19. Prize specifications will be determined at the Delicious Audio’s sole discretion. No cash redemption or prize substitution allowed, except by the third-party promotional partner, who reserves the right in its sole discretion to substitute cash value or another prize of equal or greater value in the event that the stated prize is unavailable. Prize is non-transferable. The Prize will be awarded provided it is properly claimed. The Prize is awarded “as is” and without warranty, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose).
  20. Prizes will be fulfilled by third-party partners, and may take up to 8 weeks to arrive.
  21. Contest is void wherever prohibited or restricted by law.

Tax Implications & Requirements

  1. In the US, prizes are viewed by the IRS as taxable income, and should be reported as such. Prizes with a value of $600 or more must be reported to the IRS and the winner may receive a Form 1099-MISC. This filing puts the IRS “on notice” to look for that income to be reported on the winner’s Form 1040. (Click for more information.)
  2. For prizes valued at over $600, Delicious Audio or the contest Delicious Audio may request the winner’s Social Security or Tax ID number and issue them a Form 1099-MISC (by January 31 of the year after the prize is won.)
  3. If you receive a Form 1099-MISC, you are required to report the income listed on your annual tax return. Prizes valued at less than $600 should be reported as miscellaneous income as well (in the amount of their retail value at the time of the contest). Contact paolo.dg@thedelimag.com if there’s any question of retail value. This “prize income” should be included on Line 21 of your Form 1040.
  4. The contest winner is responsible for checking the tax requirements in their country of domicile and complying with any tax laws regarding prize values.

Contest Privacy Terms

Delicious Audio adheres to the following data privacy guidelines in connection with the Contest:

  • Data Collection Terms
    • In order to participate in the Contest, Delicious Audio asks for personal information that consists of an Entrant’s name, birthdate, home city/state/country, and email address. Such personal information is collected via webpage form submission by Entrant.
    • Except where prohibited by law, an Entrant’s entry of the Contest constitutes permission for Delicious Audio and the involved Sponsors to communicate with the Entrant for marketing and advertising purposes.
    • Except where prohibited by law, an Entrant’s acceptance of a prize constitutes permission for Delicious Audio and the involved Sponsors to use Entrant’s name, address, photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media, in perpetuity, without further notice to or compensation in connection with said Contest or the prize(s) awarded.
  • Use of Personal Information
    • Delicious Audio collects personal information from each Entrant in part to comply with state and federal contest laws and regulations. Delicious Audio also may use an Entrant’s name and home city/state for communicating with the Entrant regarding the Contest which may include delivering contest prizes. Delicious Audio may use an Entrant’s birthdate to verify the Entrant’s eligibility for participating in the Contest. Delicious Audio may use an Entrant’s email address for marketing and advertising purposes directly by Delicious Audio or by the Involved Sponsors.
    • Delicious Audio may anonymize personal information and share it in an aggregated form with third parties in order to analyze the Contest, improve the Contest and contestant experience, or for other similar purposes.
    • Entrants understand, agree, and consent that any personally identifiable information provided to a third party may be retained and used for the purposes of this Contest, including but not limited to: record keeping, tax forms, state registrations, and/or any prize fulfillment related obligations.
  • Entrant Rights and Data Security
    • Delicious Audio makes good faith efforts to provide an Entrant with access to the Entrant’s personal information and either to correct such data at the Entrant’s request if it is inaccurate or delete such data at the Entrant’s request if it is not otherwise required to be retained by law or for legitimate business purposes.
    • If an Entrant wishes to request the access, correction or deletion of such data, the Entrant may contact Delicious Audio by e-mail at info@thedelimag.com or by mail at: 22 Yates Blvd, Poughkeepsie, NY, 12601 USA.
    • To protect the security of an Entrant’s information, the Entrant will be required to properly identify the Entrant’s person before Delicious Audio can process such a request.
    • Delicious Audio will take reasonable measures to protect the personal information of Entrants, including measures to protect against unauthorized access, alteration, and disclosure of such personal information.  These security measures include, for example, internal reviews of data collection practices, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where personal information is stored.
  • Sharing Personal Information with Third Parties
    • Delicious Audio shares an Entrant’s personal information with third parties including the involved SPonsors in circumstances where sharing is (1) legally required or done to comply with a request from a government agency, (2) done in order to administer and provide the Contest, (3) done in conjunction with a corporate restructuring, (4) done to protect against fraud or other damage to Sponsor, or (5) otherwise permitted by you.  For example:
      • Delicious Audio may use a third party such as the Involved Sponsors to send a Contest prize to a contestant. In order to do so, Delicious Audio shares personal information (address information) to ensure that the prize is delivered properly.
      • Delicious Audio may provide personal information to trusted service providers who are providing internal support services that help us provide and maintain our computers and websites related to the Contest.
      • Delicious Audio may be required to disclose an Entrant’s personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Delicious Audio do not reveal information until Delicious Audio has a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, Delicious Audio may share personal information with lawyers, law enforcement agents, or government agencies when Delicious Audio believes it is necessary to comply with the law, to prevent fraud or other illegal activity, or to prevent imminent bodily harm.
      • If Delicious Audio’s corporate structure were to change, for example, if the company is sold or merged with another company, an Entrant’s information may be transferred to a new entity. Should such a transfer occur, Delicious Audio will require that the new entity receiving the Entrant’s information follow the privacy terms with respect to your personal information unless the new entity first informs the Entrant of a change in the policy.
    • Delicious Audio may provide personal information to third parties including Involved Sponsors who provide marketing services that help market Delicious Audio’sor the involved Sponsors’ products and services. In connection with any marketing communications made by Delicious Audio or a third party on behalf of Sponsor, Entrant will be given the opportunity to opt-out of further marketing communications.
  • Contact
    • If you have any questions about the data privacy guidelines, you may contact these entities:
      Paolo De Gregorio
      3-4485 Av. de l’Hôtel-de-Ville
      Montreal, QC H2W 2H6
      CANADA
      Phone: 631.829.8841