The Music Never Stopped Sweeps Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
“The Music Never Stopped” contest (the “Sweepstakes”) and these official rules are governed, construed and interpreted under the laws of the United States. Open and offered only to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age and older (or for residents of Alabama and Nebraska, 19 years of age or older) at time of entry. The Sweepstakes is sponsored and administered by Rhino Entertainment Company, a Warner Music Group Company (“Rhino”). Participants agree to be bound by these official rules and the final decision of Rhino. Rhino, its Internet, product and service providers and each of their respective parent companies, trustees, subsidiaries, franchisees, affiliates, designees, licensees, owners, assigns, directors, shareholders, officers, employees, agents, independent contractors and Rhino’s advertising and promotion agencies (collectively, the “Sweepstakes Entities”), as well as immediate family of Rhino’s employees, are not eligible to enter these Sweepstakes. All federal, state, local laws and regulations apply. Void outside of the United States and DC, and where prohibited, taxed, licensed or restricted by law.
SWEEPSTAKES PERIOD. The Sweepstakes begin at 3:00pm Pacific Standard Time (“PST”) on March 21, 2011 and end at 12:00pm PST on April 1, 2011 (the “Sweepstakes Period”).
HOW TO ENTER. Enter on-line only by accessing the page on the World Wide Web at http://www.dead.net during the Sweepstakes Period. Follow the on-screen instructions and enter your contact information. You will be prompted to input, in the spaces provided, your first name, last name, street address (no P.O. Box numbers accepted), city, state, zip code, email address, and telephone number. Then, click the designated icon to submit your entry. Limit one (1) entry per person/address/email address. Rhino’s computer will be the official time clock for these Sweepstakes. Any attempt by any person to obtain more than the stated number of entries by using multiple/different email or wireless accounts or any other methods will void all of that person’s entries and that person will be disqualified.
ALL ENTRIES MUST BE RECEIVED BY NO LATER THAN 12:00PM PST ON APRIL 1, 2011.
DRAWING. Winners will be randomly selected from all eligible entries received. The random draw will be held on or around April 4, 2011. Odds of being randomly selected are determined by the number of eligible entries received during the Sweepstakes Period. Only one (1) entry per person/address/email address. All entries and their content become property of Rhino, and will not be acknowledged or returned. All entries submitted will be used for the purpose of selecting a winner as described in these Official Rules.
Rhino will name ten (10) winners, each of which will receive one (1) prize. If a prospective prize winner is found ineligible or fails to comply with the official rules, his/her claim to a prize is forfeited and an alternate winner will be randomly selected.
PRIZE. Each winner will receive a copy of the soundtrack to the film “The Music Never Stopped” in compact disc format, as well as a t-shirt in connection with the film. The Total Approximate Retail Value (“ARV”) of each prize is $35.00. Any difference between stated “ARV” and actual value of each prize will not be awarded.
EACH PRIZE WINNER IS RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES, FEES, SURCHARGES, INSURANCE AND OTHER EXPENSES NOT EXPRESSLY LISTED ABOVE.
The potential prize winners will be notified by email at the email address provided in the entry form on or around April 4, 2011. Prizes will not be fulfilled outside the 50 United States and District of Columbia. Each prize winner will be required to execute an Affidavit of Eligibility, where lawful, which must be returned within two (2) days of attempted prize notification. Such Affidavit of Eligibility shall be accompanied by a grant to Rhino of a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), transmit, publicly display and publicly perform all materials submitted by you in connection with these Sweepstakes, and ensure that Rhino’s use of any such materials will not violate any law or infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, rights of publicity and rights of privacy). If documents are not returned on a timely basis, or if prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or not in compliance with these official rules, such prize will be forfeited and awarded to an alternate winner. There is no cash or other substitution for any prize or portion thereof, except due to unavailability for any reason, in which case a prize of equal or greater value will be awarded at the sole discretion of Rhino. Prizes are not transferable, assignable or redeemable for cash.
GENERAL CONDITIONS. The Sweepstakes Entities make no warranties, express or implied.
PRIVACY STATEMENT. Your personal information, in conjunction with these Sweepstakes, will be utilized by Rhino for the purpose of selecting a prize winner and as set forth in Rhino’s privacy statement. Unless otherwise authorized by you, your information will not be sold, rented or given to any other third party. For additional information, please consult the Legal/Privacy Information link of Rhino home page at http://www.rhino.com/global/privacy-policy.
Notwithstanding the privacy statement and policy, if selected as a prize winner, prize winner agrees, except where prohibited, to grant Rhino, and its parent companies, subsidiaries, franchisees, affiliates, licensees and agents to use his/her name, entry contents, visual and audio likeness, biographical data and statements for any purpose, including but not limited to any commercial or publicity purpose, in perpetuity and throughout the universe, in any and all media now known or hereafter devised, without further notice, review, approval, or additional compensation or consideration.
LIMITATIONS OF LIABILITY. By entering, participants, their agents, assigns and successors release and shall hold harmless the Sweepstakes Entities from any and all liability for any costs or expenses resulting from entry in these Sweepstakes or any Sweepstakes-related activity and from any and all liability for any injuries, losses or damages of any kind to persons, including death, or property caused by any prize or resulting in whole or in part, directly or indirectly, from acceptance, possession, quality, use or misuse of any prize, or any portion of the prize, or parts thereof; or participation in these Sweepstakes or any Sweepstakes-related activity; or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize; and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
The Sweepstakes Entities are not responsible for any kind of computer transmission, electronic, hardware, internet, software, network, servers or providers, technical, satellite, cable or telephone interruption, unavailability, malfunctions, or failures; or for any virus, worms or bugs; or for unauthorized access to, or alteration of entries; or for jumbled, scrambled, delayed, or misdirected transmissions; or for any damaged, destroyed, delayed, garbled, illegible, incomplete, unintelligible, late, lost, misaddressed, misdirected, non-delivered or stolen entries; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information; or for any other errors of any kind, whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of these Sweepstakes or Web site, as solely determined by Rhino, will be disqualified, and Rhino reserves the right to terminate such entrant’s eligibility. Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. The Sweepstakes Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in these Sweepstakes or downloading materials from the Web site or uploading Video Submissions. Without limiting the release provided above, and for greater certainty, Rhino and its agencies will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users, site users, tampering, hacking, or by any equipment or programming associated with or utilized in these Sweepstakes, or by any error, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized use of or access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses, worms or bugs; (d) any failure of any message to be received by or from Rhino for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant’s or other person’s system or equipment occasioned by participation in these Sweepstakes. In addition, Rhino is not responsible if these Sweepstakes cannot take place or if any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather or acts of terrorism. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the e-mail account used at the time of entry. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder.
IN NO EVENT WILL THE SWEEPSTAKES ENTITIES 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 WEB SITE OR DOWNLOADING FROM, UPLOADING TO, AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES WEB SITE OR ANY OTHER WEB SITE ASSOCIATED WITH THESE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Participant agrees that by entering these Sweepstakes, the Sweepstakes Entities may seek damages from participant if participant deliberately damages the Sweepstakes Web site or any other Web site in conjunction with participant’s partaking in these Sweepstakes or if participant interferes with the legitimate operation of these Sweepstakes, in violation of civil or criminal law.
If, in Rhino’s exclusive judgment, these Sweepstakes becomes compromised in any way by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Rhino, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Rhino reserves the right to modify or withdraw the Sweepstakes offer, cancel any method of entry and/or select the prize winners from all eligible entries received prior to the action taken.
DISPUTES. THESE SWEEPSTAKES ARE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in these Sweepstakes, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with these Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles County, California, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering these Sweepstakes), and participant further waives all rights to have damages multiplied or increased.
COPY OF OFFICIAL RULES OR WINNERS LIST. For a printed copy of the Official Rules or a Winners List, send a self-addressed, stamped envelope, to “The Music Never Stopped” Sweepstakes, Attn: Business Affairs, 3400 W. Olive Avenue, 5th Floor, Burbank, CA 91505. Winners List replies will be sent after completion of these Sweepstakes.
SWEEPSTAKES SPONSOR. The Sweepstakes sponsor is: Rhino Entertainment Company, a Warner Music Group Company, 3400 W. Olive Avenue, 5th Floor, Burbank, CA 91505.