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.
"Buzztone/Duncan Sheik” Sweepstakes 2002 Official
Rules.
NO PURCHASE NECESSARY. VOID IN PUERTO RICO AND WHERE
PROHIBITED.
1.
The “Buzztone/Duncan
Sheik” Sweepstakes (the “Sweepstakes”) begins 12:00 p.m. Pacific Time
("PT") July 29, 2002 and ends 11:59 a.m. PT on September 15, 2002
("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 July 28, 2002. Employees, officers, directors
and agents of Atlantic Recording Corporation (“Sponsor” and
“Administrator") the Buzztone, Inc. ("Buzztone"), 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: There are two ways to enter the Sweepstakes.
(a) "Register" Method: To enter, log on during the Sweepstakes
Period to http://www.buzztone.com/duncan ("the Web Site) or participating
promotional partner and fan sites and click on links to “Send to a Friend".
Complete the Official Registration Form (registration is free). If you have
received an invitation by email to participate in this Sweepstakes, open the
invitation by clicking on the link, banner or URL located in the invitation.
Complete the Official Registration Form.
(b) "Send a Friend" Method: Log on to the Web Site, click on the
"Send a Friend" link, complete and submit the form to refer a person
to the Sweepstakes (each a "Referred Person"). Each Referred Person
will receive an emailed invitation to enter the Sweepstakes sent from your
email address. Please refer only
persons with whom you have personal or professional relationships, whom you
feel would be interested in the "Send a Friend" Sweepstakes. If the Referred Person receives multiple invitations,
the first email address that submitted the referral will receive the credit for
the entry. An email notification will
be sent to confirm credited or non-credited entries for a Referred Person. By submitting an email address for a
Referred Person, you certify that you have confirmed with the person that he or
she consents to your use of his or her email address and that he or she
consents to receiving email solicitations from Sponsor and/or other third
parties. The email addresses submitted must be for individuals, and not a
corporation, partnership or similar business entity. If identical email
addresses are submitted, the first entry submitting the address will be
recognized while all subsequent identical entries will be null and void. Entrants
who “spam,” submit email addresses without obtaining permission from the email
addressee, or submit fraudulent or non-existent email addresses, shall be
disqualified from the Sweepstakes and all of their entries will be considered
null and void. Entrants cannot submit their own email address.
(c) For All
Entries: All entries must be sent electronically by 11:59:59 pm PT on September
15, 2002 and received by 11:59:59 pm PT on September 16, 2002. Any attempt at
entry except as above stated is void.
Entries, Registration Forms and referral forms become the property of
Sponsor and will not be returned. Buzztone's computer will be the official
clock of the Sweepstakes.
4. Winner
Selection: Eleven (11) winners will be selected by random drawing from among
all eligible entries received on or about September 17, 2002. Odds of winning will depend on the total
number of eligible entries received during the sweepstakes period. Drawings will be conducted by Buzztone, the
judge of the Sweepstakes, whose decisions on all matters related to these
Official Rules shall be final and binding.
5. Prize: One (1) grand prize winner
will receive an acoustic guitar signed by Duncan Sheik and one (1) Duncan Sheik
poster. Prize valued at $200. Ten (10) runners up will receive one (1)
Duncan Sheik poster. Prize valued at
$10. No substitution, or transfer is
permitted, except by Sponsor or Administrator. Any and all taxes on a prize,
and any other costs, fees, and expenses not explicitly stated herein, are the
sole responsibility of the prize recipient. Prize will be awarded. 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.
6. Winner Notification/Releases: Winner will be notified either by email,
telephone, and/or mail (or overnight or certified mail). Each selected winner
will have 72 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 fifteen (15) 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 72
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 Buzztone
by email, telephone or mail; and (iv) to release and hold harmless Sponsor,
Administrator, Buzztone, 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 sustained in connection with use 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, Administrator
or Buzztone 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, Administrator and/or Buzztone corrupt or affect the
administration, security, fairness, integrity or proper conduct of this
Sweepstakes, Sponsor, Administrator and Buzztone 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.buzztone.com, www.atlantic-records.com, www.duncansheik.com OR THE DOWNLOADING
FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE.
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 California, U.S.A., without regard for conflicts of law
doctrine, and all proceedings shall take place in that State, in the County of
Los Angeles.
9. Winner’s Name: For name of the
winner, send a self-addressed, stamped envelope postmarked by September 15,
2002 and received by September 22, 2002 to: Atlantic Recording
Corporation, c/o New Media Department, 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's future sweepstakes mailings, please visit http://64.12.33.18/ui-cgi/dtchttp.exe?UN:C=-1&E=-1&M=50&I=&LN=English to be removed from the Atlantic Music Newswire List or http://64.12.33.18/inbound-cgi/dtchttp.exe?UN:C=-1&E=-1&M=270&I=&LN=English to be removed from the Duncan Sheik mailing list.
Sponsored
and Administered by:
Atlantic
Recording Corporation
1290
Avenue of the Americas, 28th Floor
New York, NY 10104
Sweepstakes
Judging Organization: Buzztone, Inc., 2711 Forrester Drive, Los Angeles,
CA 90064
©
2002. Atlantic Recording Corporation. Printed in U.S.A. All rights reserved.