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 Darkness Invade America”
Sweepstakes 2004 Official Rules.
NO PURCHASE NECESSARY. VOID IN
PUERTO RICO AND WHERE PROHIBITED.
1.
“The
Darkness Invade America” Sweepstakes (the “Sweepstakes”) begins 12:00 p.m.
Eastern Standard Time ("EST") March 5, 2004 and ends 11:59
a.m. EST on April 1, 2004 (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 March 4, 2004. Employees,
officers, directors and agents of Atlantic Recording Corporation (“Sponsor”),
Journeys/Genesco, Inc. ("Journeys") 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 March 5, 2004, log on to www.atlantic-rocks.com
www.journeys.com,
or participating
promotional partner sites (individually and collectively, the “Web Site”) complete
an official entry form and send it electronically by 11:59:59 PM EST on April 1, 2004.
Entries must be received by 11:59:59 PM EST on April 2, 2004. In
order for electronic entries to be valid, entrants must click on the “I Accept”
button on the website. Limit 1 entry per person or 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 winner will be selected by random drawing from among all eligible
entries received on or about April 6, 2004. Odds of winning will depend on the total number of eligible
entries received during the sweepstakes period. The drawing will be conducted by Sponsor and/or Journeys, the
judge of the Sweepstakes, whose decisions on all matters related to these
Official Rules shall be final and binding.
5.
Prize: One (1) prize
which consists of a trip for winner and one guest to Los Angeles, California on
or about April 17, 2004, including: round trip coach class airfare from a
commercial airport near winner’s residence, as selected by Sponsor; double
occupancy hotel accommodations as selected by Sponsor for two (2) nights; and
two (2) tickets to the scheduled concert appearance by The Darkness in Los
Angeles, California on April 18, 2004. ARV: $3,000. Any and all taxes on
the prize, and any other costs, fees, and expenses not explicitly stated herein
(including, but not limited to, meals, ground transportation and gratuities),
are the sole responsibility of the prize recipient. If the prize is won by a
minor, it will be awarded in the minor’s behalf to the winner’s parent or legal
guardian who must sign all required releases. Trip must be taken on the dates specified. The winner and guest must
travel together. Minors must be accompanied by a parent or legal guardian
(i.e., if the winner is a minor in his/her state of residence, the winner’s
parent or legal guardian must be the winner’s guest). Guest (or parent or legal
guardian of guest if guest is a minor in his/her state of residence) will be
required to complete a liability and publicity release prior to trip or guest
will not be able to travel. The prize is not transferable. No prize
substitutions allowed, except at the Sponsor’s sole discretion. The prize will
be awarded. In the unlikely event that any portion of the prize is cancelled or
undeliverable for any reason (i.e., the postponement or cancellation of The
Darkness’ scheduled concert appearance), winner agrees that Sponsor has no
further obligations to winner other than delivery of the remainder of the
prize.
6.
Winner Notification/Releases: Winner will be notified either by email,
telephone, and/or mail (or overnight or certified mail). The potential winner
will have 48 hours 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 72 hours 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 48 hours 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’s 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’s Privacy Policy [http://www.atlanticrecords.com/privacyPolicy_frameset.html];
(ii) that the decision of the judges are final and binding on all matters
relating to the Sweepstakes; (iii) to be contacted by Sponsor and/or Journeys
by email, telephone or mail; and (iv) to release and hold harmless Sponsor,
Journeys, 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 Sponsor without
further approval or compensation.
Sponsor reserves the right, at its 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 or Journeys 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 and/or Journeys corrupt or affect
the administration, security, fairness, integrity or proper conduct of this
Sweepstakes, Sponsor and Journeys 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.journeys.com, www.atlantic-rocks.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, and exclusively by arbitration pursuant to the Rules
of the America Arbitration Association, then effective, and (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 1, 2004 and received by May 7, 2004 to: The Darkness Invade America
Sweepstakes: Winner’s Name Request, 1290 Ave of the Americas, New York,
NY,10104, or visit www.atlantic-rocks.com or www.journeys.com
until May 31, 2004.
10. Removal From Future Sweepstakes Mailings: To have your name and email address removed from Sponsor's future sweepstakes mailings, please click the applicable unsubscribe link. Sponsor will process your request within 60 days.
Sponsored by: Atlantic
Recording Corporation, 1290 Avenue of the Americas, New York, NY 10104.
Administered by: Journeys/Genesco, 1415 Murfreesboro Road,
Suite 572, Nashville, TN 37217.
© 2004. Atlantic Recording Corporation. Printed in U.S.A.
All rights reserved.