Private MoMA Tour Sweepstakes
Get a chance to win a private tour of MoMA. When you become a member by June 30, you will be automatically entered. Five lucky winners will get to bring up to nine guests each for a guided tour led by a professional art historian. Enter by June 30 for a chance to win.
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the United States. Subject to all federal, state, and local laws, regulations, and ordinances. The Private MoMA Tour Sweepstakes (the “Sweepstakes”) begins on 05/20/2024 at 12:00:01 a.m. Eastern Time (“ET”) and ends on 6/30/2024 at 11:59:00 p.m. ET (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for this Sweepstakes.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE PARTICIPATING. WITHOUT LIMITATION, THIS CONTRACT PROVIDES FOR INDEMNIFICATION OF THE SPONSOR AND OTHER SWEEPSTAKES ENTITIES BY YOU, A CLASS ACTION AND JURY TRIAL WAIVER, A REQUIREMENT THAT MOST DISPUTES BE SETTLED BY MANDATORY BINDING ARBITRATION, AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. SPONSOR/ADMINISTRATOR: The Sponsor for this Sweepstakes is The Museum of Modern Art (“MoMA” or “Sponsor”), 11 W 53rd St, New York, NY 10019. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH X (formally known as Twitter), OR ANY META PLATFORM INCLUDING FACEBOOK, INC. OR INSTAGRAM, INC.
2. ELIGIBILITY: The Sweepstakes is open only to legal U.S. residents who are 18 years of age or older (19 years of age in Alabama and Nebraska, 21 years of age in Mississippi) at the time of entry (each, an “Entrant”). Employees, officers, directors and agents of MoMA, OneRhythm Marketing, or any other entity involved in the presentation, administration or fulfillment of the Sweepstakes, and/or their respective subsidiaries, affiliated companies and divisions (collectively, the “Sweepstakes Entities”), and each of their immediate family members (defined as any spouse, partner, parent, legal guardian, sibling, child, legal ward, grandparent, or grandchild, regardless of where they reside) and/or those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.
3. HOW TO ENTER: There are two ways to enter the Sweepstakes: (1) automatically, by purchasing an eligible membership, or (2) by completing an online entry form:
A. To enter by purchasing an eligible membership: During the Sweepstakes Period, if you purchase a new membership or renew your existing membership with The Museum of Modern Art in one of the following categories: Access ($110), Explore ($200), Supporting ($600), Contributor ($1,500), or (5) Benefactor ($5,000), you will be automatically entered into the Sweepstakes. Memberships may be purchased or renewed. You must affirmatively renew your membership in order to be entered. You can purchase/renew a membership through the following methods:
1. Online at membership.moma.org;
2. On-site at the Museum at the Member Desk;
3. By mail, using the tear-off form in the mailer sent to you by Sponsor; or
4. By phone, by calling at (888) 999-8861 (available Monday – Friday from 10:00 a.m. – 5:00 p.m.).
Upon completing the purchase or renewal and providing all required information, including a valid home address, name, and email address, you will be automatically entered with one (1) entry into the Sweepstakes. Complimentary, MoMA NYC, Annual Pass, or trial memberships initiated during the Promotional Period are not eligible for automatic entry, but you may enter by completing the free entry form provided at moma.org/sweepstakes.
Upon submission of entry in this Sweepstakes, you agree that Sponsor and/or Administrator may contact you via social media, including on Facebook, Instagram, or X (formerly Twitter), by sending you a direct message, tagging you, posting to your social media page or naming you on Sponsor’s social media page.
B. Free alternative method of entry. To enter without purchasing or renewing a membership, you may go to moma.getfeedback.com/entryform/ and complete the entry form there, providing all required information, including a valid home address, name, phone number, and email address. You must provide all required information to be eligible to enter and win.
LIMIT ONE (1) ENTRY PER PERSON, REGARDLESS OF METHOD OF ENTRY. ADDITIONAL ENTRIES IN EXCESS OF THE LIMIT MAY BE DISQUALIFIED. Automated and/or third-party entries are prohibited and will be disqualified. Multiple Entrants are not permitted to share the same email address, mailing address, or social media account. Any attempt by any Entrant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that Entrant’s entries, and that Entrant may be disqualified at Sponsor’s and/or Administrator’s discretion. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected or illegible entries; lost, interrupted or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), mailing errors, or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor and/or Administrator. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working or inactive email address will be disqualified and ineligible to win. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. If you are entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.
4. SELECTION OF WINNERS: On or about 7/18/2024, Sponsor and/or Administrator will select the name(s) of the potential prize winners in a random drawing from among all entries received. The odds of winning are based on the number of eligible entries received. The potential winners will be notified via the email address or phone number associated with their entry on or after 7/18/2024.
Except where legally prohibited, each potential prize winner must sign and return, within seven (7) days of being notified, an Affidavit/Declaration of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim their prize. If a potential winner cannot be contacted via email, telephone, and/or registered mail after the first attempt to contact them, or if they fail to sign and return the Affidavit/Declaration of Eligibility, Liability & Publicity Release or any other documentation that Sponsor may require within the required time period (if applicable), if potential winner and any companion are unable or unavailable to claim prize within any time period specified by Sponsor, or in the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. If Sponsor is unable to determine and verify a potential winner after repeated alternate drawings or if they fail to receive a sufficient number of entries to correspond to the number of prize(s) available to be awarded, Sponsor reserves the right to not award all of the prize(s).
Verification of Potential Winners: ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR/ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
PRIZES: There will be five (5) prizes awarded. Each prize consists of a private MoMA tour for the winner and up to nine (9) guests during Museum operating hours with a MoMA staff member. Exact date of tour to be determined at Sponsor’s discretion.
Approximate Retail Value (“ARV”) of each Prize: $425. Total ARV of all prizes to be awarded: $2,125. Limit one (1) prize per person.
PRIZE RESTRICTIONS: Any and all food, travel, ground transportation and incidentals, as well as all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner and/or his or her or their guests, as applicable. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at their discretion. Sponsor will not replace any lost or stolen prizes. Prize cannot be used in conjunction with any other promotion or offer. Only the number of prizes stated in these Official Rules is available to be won in the Sweepstakes. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, prize winner(s) will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available. Sponsor is not responsible for any delay or cancellation of the prize delivery due to unforeseen circumstances or those outside of their control. If the fulfilling merchant cancels the order for reasons out of Sponsor’s control, the prize will not be delivered, and no additional compensation will be provided.
Tour must be completed by 12/31/24, unless expressly agreed to by the Sponsor and the winner. Sponsor, or an agent acting on Sponsor’s behalf, will decide and otherwise determine details. Winner and guest(s) must take tour together. No compensation will be awarded in lieu of the difference in the ARV for the prize and the actual value, or if less than 9 guests attend the tour. Tour is subject to availability and blackout dates. Winner and guest are responsible for obtaining all necessary travel documents. Tour arrangements must be made through Sponsor’s designated agent. If required, winner and guests must be available for tour on dates specified by Sponsor or risk forfeiting prize. Certain restrictions may apply. Tour guest(s) must be at time of prize fulfillment the age of majority in the jurisdiction in which s/he/they resides (and at least eighteen (18) years of age), unless accompanied by a parent or legal guardian, and must complete and return a liability/publicity release and any other documentation required by Sponsor prior to prize award. If guest is a minor in his/her/their state of residence, minor’s parent/legal guardian must complete and return all releases on behalf of minor. Winner and guest must take tour together. If winner elects to participate in the tour with fewer than 9 guest(s), no additional compensation will be awarded. If winner elects to participate in prize tour with more than 9 guests, such additional persons shall be responsible for any and all costs associated with such tour. If winner and guest travel to tour location, they are responsible for all costs associated with travel including obtaining travel insurance (and all other forms of insurance) at their option, and hereby acknowledge that Sponsor has not obtained and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of tour except at Sponsor’s discretion. Tour is subject to the terms and conditions set forth in this Sweepstakes. SPONSOR SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY ANY THIRD PARTIES THAT RESULT IN DELAY OF TOUR, INCLUDING CANCELLATIONS OR DELAYS BY TRANSPORTATION COMPANIES, LODGING AND/OR OTHER HOSPITALITY PROVIDERS, ENTERTAINMENT PROVIDERS OR SIMILAR THIRD PARTIES, OR ANY OTHER PERSONS PROVIDING ANY OF THESE SERVICES TO WINNERS, INCLUDING ANY RESULTS (INCLUDING BUT NOT LIMITED TO COSTS OR INJURIES) THEREOF, SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME.
In the event winner and/or guest engages in behavior during the tour that (as determined by Sponsor) is obnoxious or threatening or illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks or logos, Sponsor reserves the right to terminate the travel early and send winner and/or guest(s) home with no further obligations or compensation whatsoever to winner and/or guest(s) (which may, in Sponsor’s discretion, result in such winner’s disqualification from the Sweepstakes and forfeiture of any (and/or all) prize(s)). In the event winner or guest(s)engage in behavior during the tour that (as determined by Sponsor) is illegal, tortious, or subjects winner or guest(s) to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE PRIZE.
5. GENERAL CONDITIONS: Sweepstakes participation constitutes Entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. In the event there is a discrepancy or inconsistency between disclosures or other statements (in any and/or all media) contained in any Sweepstakes materials and the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right to disqualify any individual it finds to be attempting to tamper with or to undermine the entry process, any website associated with the Sweepstakes, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten or harass any other person. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Sponsor and its agents are not responsible for (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error that may occur in the administration of the Sweepstakes or the processing of entries; or (5) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, or any factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor. If, for any reason, the Sweepstakes cannot be run as planned, Sponsor may disqualify any suspect entries and (a) suspend the Sweepstakes and modify the Sweepstakes to address the impairment, then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and/or (b) terminate the Sweepstakes and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
6. LIMITATION OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT SWEEPSTAKES ENTITIES, FACEBOOK, INC. OR INSTAGRAM, INC., AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF THE PRIZE, ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THIS SWEEPSTAKES CANNOT BE ADMINISTERED OR CONDUCTED OR ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS RESULTING OR ARISING FROM ACTS OF GOD, WAR, OR TERRORISM, CIVIL UNREST, STRIKES, SUPPLY SHORTAGES, NATURAL DISASTERS, WEATHER, PANDEMICS, EPIDEMICS, COMPLIANCE WITH ANY LAW OR ORDER OF A GOVERNMENTAL AUTHORITY, OR ANY OTHER SIMILAR ACT, EVENT OR OCCURRENCE BEYOND THE REASONABLE CONTROL OF THE SPONSOR. BY PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
7. PUBLICITY AND INTELLECTUAL PROPERTY RELEASE: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES WINNER’S PERMISSION AND GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR) AND ITS DESIGNEES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE), PRIZE INFORMATION, QUOTES ATTRIBUTABLE TO WINNER, AND ANY OTHER ELEMENTS OF ENTRANT’S PERSONA FOR ADVERTISING, TRADE AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION OR NOTIFICATION, INCLUDING IN A LIST TO BE USED BY SPONSOR AND ITS DESIGNEES AND ITS PARTNERS TO RE-TARGET ENTRANTS VIA EMAIL OR ANY SPONSOR APP, UNLESS PROHIBITED BY LAW.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING EACH WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES AND ALL PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
8. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
MANDATORY ARBITRATION. NO CLASS ACTIONS. You agree to submit any and all disputes, claims or controversies arising out of or relating to your use of the MoMA Website, or any services or products purchased or received, to the American Arbitration Association (“AAA”), or its successor, for confidential mediation, except that you may assert claims or seek relief in small claims court if your claims qualify. And if the matter is not resolved through mediation, then to AAA, or its successor, for final and binding arbitration. All arbitrations must proceed on an individual basis, and you hereby waive the right to assert or participate in a class action arbitration, and to assert or participate in any joint or consolidated arbitration of any kind.
Claims shall be heard by a single arbitrator. The place of arbitration shall be New York, New York. The arbitration shall be governed by the laws of the State of New York. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. Judgment upon the award rendered by the Arbitrator(s) may be entered by any court having jurisdiction thereof.
You agree to maintain as strictly confidential all negotiations and proceedings pursuant to this section, except as is required by court order or as is necessary to confirm, vacate or enforce a judgement or award.
9. VENUE AND CHOICE OF LAW
These Terms and Conditions and the relationship between you and MoMA shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
10. SEVERABILITY AND WAIVER: You acknowledge and agree that in the event any term or provision of these Official Rules is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby, then such specific term or provision shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Official Rules and the remainder of these Official Rules shall continue in full force and effect. MoMA’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by MoMA.
11. PRIVACY: Information collected from Entrants is subject to the Sponsor’s Privacy Policy, which can be found at https://www.moma.org/about/about-this-site/#privacy-policy.
12. OFFICIAL RULES AND WINNERS LIST: For a copy of the Official Rules, visit http://www.moma.org/sweepstakes or send a self-addressed, stamped envelope to: MoMA, 11 W 53rd St, New York, NY 10019. For a list of winners available after winners have been confirmed, visit our website at https://www.moma.org/sweepstakes.
13. NAME REMOVAL: To have your name removed from future mail promotions, please email membership@moma.org with your name and home address.
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