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.
The “VIVA LA ROCK COACHELLA
GIVEAWAY” Online Sweepstakes 2009
Official Rules.
NO PURCHASE
NECESSARY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1.
The “VIVA LA ROCK
COACHELLA GIVEAWAY” Online Sweepstakes (the “Sweepstakes”) begins 12:00 a.m.
Eastern Standard Time ("EST") April 1, 2009 and ends 11:59 p.m. EST on May 7, 2009 (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 April 1, 2009. Employees,
officers, directors and agents of Viva La Rock ("Sponsor") 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 April 1, 2009, log on to www.vivalarock.net,
complete an official entry form and send it electronically by 11:59:59 PM EST on April 30, 2009 (the “Entry Period”). Entries must be received by 11:59:59 PM EST on April 30,
2009. 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 email address. No facsimiles allowed. Sponsor is 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 Sponsor and will not be returned. Any attempt at entry
except as above stated is void.
Sponsor’s 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 May 7, 2009. Odds of winning will depend on the
total number of eligible entries received during the Entry Period. The drawing will be conducted by the
Sponsor, the judge of the Sweepstakes, whose decisions on all matters related
to these Official Rules shall be final and binding.
5.
Prize: One (1) Autographed CD from each of the
following artists: Lupe Fiasco, Girl Talk, K'Naan, Lykke Li, Band of Horses,
MSTRKRFT, Peter Bjorn and John, N.A.S.A., Paolo Nutini, Friendly Fires, The
Aggrolites, Sebastien Tellier, Roni Size Reprazent, The Bug, Peanut Butter
Wolf, and Plump DJs. ARV: $160. Prizes are not transferable. No cash redemptions or prize
substitutions allowed, except at the Sponsor sole discretion. Prize will be
awarded. In the unlikely event
that any part of the prize is unavailable for any reason, winner agrees Sponsor
have no further obligation to winner other than delivery of the remainder of
the prize.
6. Winner Notification/Releases:
Potential winner will be notified either by email, telephone, and/or
mail (or overnight or certified mail). The potential winner will have 3 days
from the moment such notification is issued to respond to such notification by
following the instructions provided therein. If the potential winner responds
timely 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
and all necessary tax forms 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 3 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 Sponsor discretion, in a second
chance drawing of all eligible entries received during the Entry Period. By
entering, entrants agree (i) to be bound by these Official Rules and Sponsor’s
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 Sponsor by email, telephone or mail; and (iv) to release and hold
harmless Sponsor, its 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 Sponsor without
further approval or compensation.
Sponsor
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 with proof that the potential winner is
the authorized account holder of the email address associated with the
potentially winning entry. Sponsor
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
Sponsor which, in the sole opinion of Sponsor, corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Sweepstakes, Sponsor 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 SITE www.vivalarock.net
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 May 21, 2009 and received by June 4, 2009 to the “VIVA LA ROCK COACHELLA
GIVEAWAY” Online Sweepstakes: Winner’s Name Request, c/o Viva La Rock, 3400
West Olive Avenue, 2nd Floor, Burbank, CA 91505.
10. Removal From Future Sweepstakes Mailings: To have your name and email address removed from Sponsor future sweepstakes mailings, with respect to Sponsor Viva La Rock, send an email to 411@vivalarock.net requesting to be Sponsor will process your request within 60 days.
Sponsored by:
Viva La Rock, 3400 West Olive Avenue, 2nd Floor,
Burbank, CA 91505
© 2009. Viva La Rock. Printed in U.S.A. All rights
reserved.