The "CD By Virtually Every All
Points West Artist" Sweepstakes Rules and Regulations
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES: The "CD By Virtually
Every All Points West Artist" Sweepstakes (the "Sweepstakes")
is sponsored by AEG Live, NY LLC, having its principal place of business at 145
West 45th Street, 9th Floor, New York, NY 10036 (“Sponsor”). The Sweepstakes entry
period begins on July 16, 2008 at 9:00 a.m. (New York Time) and ends on August
3, 2008 at (12:00 p.m.) (
2. HOW
TO ENTER:
Online entries only. To enter the Sweepstakes, visit the Sweepstakes at http://www.apwfestival.com (the
"Sweepstakes Site") during the Entry Period. All of the Sweepstakes
information will be posted at the Sweepstakes Site throughout the Sweepstakes.
To be eligible to participate, each entrant will be asked to submit an official
entry form, which may include, among other things, his/her name, address, e-mail
address, age and related registration information as prompted (the
"Official Entry Form"). Participants may enter only once during the
Entry Period. Limit of one entry per person and per household. Duplicate
entries from the same e-mail address/household will be automatically
eliminated. Where a dispute arises about who submitted an entry, the entry will
be deemed submitted by the authorized account holder of the e-mail account.
Odds of winning depend on the number of eligible entries received and are
equal. Any e-mailed Official Entry Forms received after 12:00 p.m. (New York
Time) on August 3, 2008 will not be eligible to be included in any drawing and
shall be disregarded. No entries will be acknowledged or returned.
2.
ELIGIBILITY:
This Sweepstakes is open to individuals 18 and older who are legal residents of
the
3.
PRIZES: One
Prize Winner will receive approximately 40 compact discs of music from artists
performing at the 2008 All Points West Music and Arts Festival being held on
August 8, 9 and 10, 2008 at
4. PRIZE
DRAWING: The
potential Prize Winner will be selected in a random drawing from all entries
received that are otherwise eligible for the drawing. Drawing will be held on or
about August 4, 2008. The drawing will be conducted by Sponsor or its designee
whose decisions are final and binding on all aspects of this Sweepstakes.
Potential Prize winner will be notified within three (3) business days of
drawing by e-mail and/or telephone, at Sponsor’s election. Failure of the
potential Prize Winner to respond within two (2) days as requested, from such
notification referred to above may result in disqualification and the selection
of alternate Prize Winner. Alternate Prize Winners will be selected in the
event the prize cannot be awarded to the potential Prize Winners drawn, up to
three times. By entering the drawing, each entrant agrees to be bound by these
rules and the decisions of the Sweepstakes Providers. In the event of
non-compliance, alternate Prize Winners may be selected.
5.
CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Sweepstakes, each entrant agrees to
be bound by these Official Rules and by all decisions of Sweepstakes Provider
(which decisions are final and binding on all matters relating to the
Sweepstakes), and to comply with all federal, state and local laws and
regulations. The decisions of the Sweepstakes Provider are final on all matters
of fact, interpretation, eligibility, procedure and fulfillment. In the event
of non-compliance, alternate prizewinners may be selected. Entries and other
submitted materials become the property of the Sweepstakes Provider and/or its
promotional partner(s) and will not be acknowledged or returned. Neither the
Sweepstakes Provider nor Internet access providers are responsible for
incomplete, late, lost, or misdirected entries or for any technical
malfunction, human error, lost/delayed data transmission, omission,
interruption, deletion, defect, or line failure in connection with any
telephone network, computer equipment, software or any combination thereof.
Entries are void if unreadable, inaccurate, incomplete, tampered with, forged,
mechanically reproduced, irregular in any way, or otherwise not in compliance
with these Official Rules. The Sweepstakes Provider make no warranties, and
hereby disclaims any and all warranties, express or implied, concerning any
prize furnished or made available in connection with the Sweepstakes. Although
Sponsor attempts to ensure the integrity of the Sweepstakes, the Sweepstakes
Provider is not responsible for the actions of entrants or other individuals in
connection with the Sweepstakes, including entrants' or other individuals'
attempts to circumvent the Official Rules or otherwise interfere with the
administration, security, fairness, integrity, or proper conduct of the
Sweepstakes. The Sweepstakes Provider is not responsible for injury or damage
to entrant's or to any other person's computer(s), other equipment, or person(s),
related to or resulting from participation in the Sweepstakes or downloading
materials from or using the Sweepstakes Site. If, for any reason, the
Sweepstakes is not capable of running as planned by reason of damage by
computer virus, worms, bugs, tampering, unauthorized intervention, fraud,
technical limitations or failures, strikes, industry conditions, bankruptcy or
liquidation, marketplace demands, applicable law, unforeseen obstacles, or any
other causes which, in the sole opinion of Sponsor, could corrupt, compromise,
undermine, or otherwise affect the administration, security, fairness,
integrity, viability, or proper conduct of the Sweepstakes, Sponsor reserves
the right in its sole and absolute discretion to modify these Official Rules
and/or to cancel, terminate, modify, or suspend all or any part of the
Sweepstakes, and to select a winner from among all eligible entries received up
to the time of such cancellation, termination, modification, or suspension, as
applicable. Proof of submitting entry will not be deemed receipt of such entry
by the Sweepstakes Providers.
All taxes
(including without limitation Federal, state and local taxes) in connection
with any prize, and the reporting consequence thereof, are the sole
responsibility of the Prize Winners. The Prize Winners at the sole discretion
of Sponsor will each be required to sign a notarized affidavit of eligibility
and compliance with these Official Rules, liability release, publicity release
(unless prohibited by law), address verification and other registrations and
participation information requested by Sponsor and the other Sweepstakes
Providers (unless prohibited by law). You are not a winner until your
submission is validated. Failure to complete, sign and return all required
documents within two (2) days of delivery to potential winner's claimed address
or return of prizes as undeliverable may result in disqualification and
selection of an alternate winner, at the sole discretion of Sweepstakes
Providers.
By entering this
Sweepstakes, unless prohibited by law, the potential winners consent to use of
his/her respective name, voice, photograph and/or likeness for advertising or
publicity purposes for this and similar promotions without compensation and the
potential winner and guest may be required to provide a signed release
acknowledging such consent, unless restricted by law. Moreover, by entering
this Sweepstakes, unless prohibited by law, the potential prize winner agrees
to grant to the Sweepstakes Provider, and its respective licensees, affiliates,
and assigns, the right to print, publish, broadcast, and use, worldwide in any
media now known or hereafter developed, including without limitation the World
Wide Web, at any time or times, the prize winner’s respective name, likeness (actual
or simulated), voice (actual or simulated), and biographical information as
news or information and for advertising and promotional purposes without
additional consideration; and further without such additional compensation,
appear for, or provide biographical information for use in, any presentation or
other activity which may include filming/audio/video/electronic or other
recordings and/or interviews, as may be determined from time to time by Sponsor
in its sole discretion.
6.
CONDUCT: THE
OFFICIAL RULES WILL BE POSTED AT THE SWEEPSTAKES SITE THROUGHOUT THE ENTRY
PERIOD. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES, ENTRANTS (A) FULLY
AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL RULES AND BY ALL
DECISIONS OF THE SWEEPSTAKES PROVIDER (WHICH DECISIONS SHALL BE FINAL AND
BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS REGARDING
ELIGIBILITY, WINNERS AND THE INTERPRETATION OF TERMS USED IN THESE OFFICIAL
RULES; AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY ENTRANT
IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE. THE
SWEEPSTAKES PROVIDER RESERVES THE RIGHT, AT ANY TIME AND AT ITS SOLE
DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS
SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF THE SWEEPSTAKES
PROVIDERS, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS
OR THE OPERATION OF THE SWEEPSTAKES OR THE SWEEPSTAKES SITE; TO BE ACTING IN
VIOLATION OF THE OFFICIAL RULES OR THE SWEEPSTAKES SITE'S TERMS OF SERVICE,
PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD
FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN
OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR
TO BE IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY AN ENTRANT OR ANY
OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES
AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD GOLDENVOICE BELIEVE OR BECOME AWARE
THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, GOLDENVOICE RESERVES
THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S) AND
OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST EXTENT
PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
7.
RELEASE AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD THE
SWEEPSTAKE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES,
RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY
OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED
ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SITE OF, OR
DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR
INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN
CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY,
DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS,
DEFAMATION, AND/OR INVASION OF PRIVACY.
8.
LIMITATION OF LIABILITY: IN NO EVENT WILL THE SWEEPSTAKES PROVIDERS BE RESPONSIBLE
OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT
OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES SITE, THE DOWNLOADING FROM
AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM
THE SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE
ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE
ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE
AWARDED IN CONNECTION WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THE
SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.
GOVERNING LAW:
The Sweepstakes and these Official Rules are governed by and shall be construed
in accordance with the substantive laws of the State of California (as
distinguished from the choice of law rules) and the United States of America
applicable to contracts made and performed entirely in California and where the
relevant contacts are with such state. All applicable federal, state, and local
laws and regulations apply.
10.
MISCELLANEOUS:
(a)
Dates and Deadlines: Because of the unique nature and scope of the Sweepstakes, Sponsor
reserves the right, in addition to those other rights reserved herein, to
modify any date(s) or deadline(s) set forth in these Official Rules or
otherwise governing the Sweepstakes.
(b) Privacy: Information submitted in connection
with the Sweepstakes will be treated in accordance with these Official Rules
and Sponsor's Privacy Policy (as may be amended from time to time), currently
located at http://apwfestival.com/privacy;
provided, that in the event of any conflict between these Official Rules and
such Privacy Policy, the terms and conditions of these Official Rules shall
prevail.
(c)
Severability; Headings: If any provision of these Official Rules is found to be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from these Official Rules and shall not affect the validity
and enforceability of any remaining provisions. Headings and captions are used
in these Official Rules solely for convenience of reference, and shall not be
deemed to affect in any manner the meaning or intent of these Official Rules or
any provision hereof.
(d)
Winner: For a
list of winners, send a self-addressed stamped envelope after April 20, 2008
to: Winners List, "CD BY VIRTUALLY EVERY ALL POINTS WEST ARTIST"
Sweepstakes, AEG Live, NY LLC, 145 West 45th Street, 9th
Floor, New York, NY 10036. Requests for Winners List must be received by January
4, 2009. WA & VT residents may omit return postage.
(e)
Rule Requests:
To receive a copy of these complete rules, send a self-addressed, stamped
envelope to: Official Rules, "CD BY VIRTUALLY EVERY ALL POINTS WEST ARTIST"
Sweepstakes, AEG Live, NY LLC, 145 West 45th Street, 9th
Floor, New York, NY 10036. Requests for
Official Rules must be received by January 4, 2009. WA residents may omit
return postage.