THIS
SWEEPSTAKES IS OFFERED ONLY TO LEGAL RESIDENTS OF THE UNITED STATES (EXCLUDING
PUERTO RICO) WHO ARE LOCATED IN THE UNITED STATES (EXCLUDING PUERTO RICO) AT
THE TIME OF ENTRY.
Shadows Fall Sweepstakes 2008 Official Rules.
NO PURCHASE
NECESSARY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1.
The “Shadows Fall Sweepstakes (the “Sweepstakes”) begins 12:00 a.m. Eastern Standard Time
("EST") August 11, 2008 and
ends 11:59 p.m. EST on August 17, 2008 (the
"Sweepstakes Period").
2.
Eligibility:
Sweepstakes is offered only in the United States to legal residents of the 50
United States (and the District of
Columbia) excluding Puerto Rico, who are at least 18 years old at time of entry
and who had online access on or before August 4, 2008. Employees, officers,
directors and agents of Atlantic Recording Corporation and TuneLab Music, LLC
(collectively “Sponsors”) and their respective parents, affiliated and
subsidiary companies, advertising and promotional agencies, web masters and web
suppliers and the immediate family (spouse, mother, father, sister, brother,
ward, daughter or son) or members of the households of each (whether or not
related) are not eligible.
3.
Entry: Beginning 12:00:01 am EST on August 11, 2008, log on to www.tunelabmusic.com to complete an
official entry form and send it electronically by 11:59:59 am EST on August 17, 2008. Entries must be received by 11:59:59 PM EST on
August 10, 2008. In order for
electronic entries to be valid, entrants must click on the “I Accept” button
(indicating your acceptance of the terms of these official rules) on the
website. Limit 1 entry per person or email address. No facsimiles allowed.
Sponsors are not responsible for lost, late, stolen, mutilated, damaged,
incomplete, illegible or misdirected entries or for malfunctions of electronic
equipment, computer hardware or software, or any other technical problems
related to website entries. Entries become property of the Sponsors and will
not be returned. Any attempt at entry except as above stated is void. Sponsor Atlantic Records’ computer will
be the official clock of the Sweepstakes.
4.
Winner Selection: One (1) potential grand-prize winner will be selected by random
drawing from among all eligible entries received on or about August 17, 2008. Odds of winning will depend on the
total number of eligible entries received during the Sweepstakes Period. The drawing will be conducted by the
Sponsor(s), the judge of the Sweepstakes, whose decisions on all matters
related to these Official Rules shall be final and binding.
5. Prize: One (1)
potential Grand Prize winner will receive a prize package consisting of the
following items: One (1) Shadows
Fall tee shirt (“ARV”): $12; One (1) Shadows Fall poster: ARV: $10; One (1) compact disc of Shadows Fall “Forevermore” EP:
ARV: $8. Total Grand Prize ARV: $30. Prizes are not transferable. No cash redemptions or prize substitutions allowed, except
at the Sponsors’ sole discretion. Prize will be awarded. In the unlikely event that any part of
the prize is unavailable for any reason, winner agrees Sponsors have no further
obligation to winner other than delivery of the remainder of the prize.
6. Winner Notification/Releases:
The potential winner will be notified either by email, telephone, and/or
mail (or overnight or certified mail). The potential winner will have 5 days
from the moment such notification is issued to respond to such notification by
following the instructions provided therein. If a potential winner timely
responds to such notification, the potential winner (or the potential winner’s
parent or legal guardian if the potential winner is a minor) will be required
to sign, notarize and return an Affidavit Of Eligibility/Liability And
Publicity Release within 7 days of the date of notification or prize will be
forfeited and an alternate winner selected. Return of any prize notification as
undeliverable will result in disqualification and selection of an alternate
winner. If a potential winner does not reply to the notification within 5 days
of its issuance, is ineligible, or cannot or does not comply with the Official
Rules, he/she will be disqualified, the prize will be forfeited and an
alternate winner may be selected, at Sponsors’ discretion, in a second chance
drawing of all eligible entries received during the Sweepstakes Period. By
entering, entrants agree (i) to be bound by these Official Rules and Sponsor
Atlantic Records’ Privacy Policy http://www.atlanticrecords.com/privacy (ii) that the decision of the judges
are final and binding on all matters relating to the Sweepstakes; (iii) to be
contacted by Sponsors by email, telephone or mail; and (iv) to release and hold
harmless Sponsors, their respective parents, subsidiaries, affiliates,
distributors, suppliers and advertising, promotional and judging organizations
and each of their respective employees, officers, directors, shareholders and
agents (collectively, the “Releasees”) from and against any and all liability
for injuries and/or damages (including death) sustained in connection with use
and/or misuse of a prize or related to participation in the Sweepstakes. Except if a winner is a resident of TN
and where prohibited by law, by accepting a prize, the winner consents to the
use of his or her name, voice, picture or other likeness for advertising,
promotional and other purposes in any media as determined by Sponsors without
further approval or compensation.
Sponsors
reserve the right, at their sole discretion, to disqualify any individual it
finds to be tampering with the entry process or the operation of the
Sweepstakes or the Web Site or any web site related to the Sweepstakes; to be
acting in violation of the Official Rules; or to be acting in a
non-sportsmanlike or disruptive manner, or with intent to annoy, abuse,
threaten or harass any other person.
Any use of robotic, macro, automatic, programmed or the like entry
methods will void all such entries by such methods. In the event of a dispute as to entries submitted by
multiple users having the same email account, the authorized subscriber of the
email account used to enter the Sweepstakes at the actual time of registration
will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is deemed
to be the natural person who is assigned an email address by an Internet access
provider, on-line service provider or other organization, which is responsible
for assigning email addresses for the domain associated with the submitted
email address. Potential winner
may be required to provide the Sponsor(s) with proof that the potential winner
is the authorized account holder of the email address associated with the
potentially winning entry.
Sponsor(s) may prosecute any fraudulent activities to the full extent of
the law. All federal, state and local laws and regulations apply.
7. Limitations of Liability: The Releasees are not responsible for any
lost, late, illegible, misdirected, mutilated, incomplete, incorrect or
inaccurate entries or entry information, whether caused by web site users or by
any of the equipment, computer hardware or software or any other technical
operation or programming associated with or utilized in the Sweepstakes, and
the Releasees assume no responsibility for any error, omission, interruption,
deletion, defect, or delay in operation or transmission at the Web Site or any
web site related to the Sweepstakes, or for communications line failure, or for
theft or destruction, tampering, or unauthorized access to entries and/or entry
information. If, for any reason,
the Sweepstakes is not capable of running as planned by reason of infection by
computer virus, bugs, worms, tampering, unauthorized intervention, fraud,
tampering, technical failures, or any other causes beyond the control of
Sponsors which, in the sole opinion of Sponsor(s) corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Sweepstakes, Sponsor(s) reserve the right at their sole discretion to void
suspect entries and/or to cancel, terminate, modify or suspend the Sweepstakes
and select the winner from among all eligible entries received prior to such
cancellation, termination or suspension. IN NO EVENT WILL THE RELEASEES BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS TO AND USE OF THE INTERNET SITES www.tunelabmusic.com and
www.atlanticrecords.com, OR
THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITES.
8. Arbitration/Choice of
Law: Except where prohibited, entrants agree that (i): any and all
disputes, claims, and causes of action arising out of or connected with this
Sweepstakes, or any prize awarded, or the determination of the winner shall be
resolved individually, without resort to any form of class action; (ii) any and
all claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Sweepstakes but in no
event attorney’s fees; and (iii) under no circumstances will entrant be
permitted to obtain awards for and entrant hereby waives all rights to claim
punitive, incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of entrant and Releasees in connection
with the Sweepstakes, shall be governed by, and construed in accordance with,
the laws of the State of New York, U.S.A., without regard for conflicts of law
doctrine, and all proceedings shall take place in that State.
9. Winner’s Name: For name of the winner,
send a self-addressed, stamped envelope postmarked
by August 18, 2008 and received by August 22, 2008 to the Shadows Fall Sweepstakes: Winner’s Name Request,
1290 Avenue of the Americas, 28th Floor, New York, NY 10104.
10. Removal From Future Sweepstakes Mailings: To have your name and email address removed from Sponsor Atlantic Records future sweepstakes mailings, please click the applicable unsubscribe link. Sponsor Atlantic Records will process your request within 60 days.
Sponsored by:
Atlantic Recording Corporation, 1290 Avenue of the Americas, New York,
New York 10104.
© 2008. Atlantic Recording Corporation. Printed in
U.S.A. All rights reserved.