ROCK IN RIO USA
METALLICA IN VEGAS PROMOTION
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY TWITTER OR INSTAGRAM.
BY ENTERING THIS PROMOTION, ENTRANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES. ANY VIOLATION OF THESE RULES MAY, AT SPONSOR’S DISCRETION, RESULT IN DISQUALIFICATION.
1. ELIGIBILITY: Subject to the exceptions contained in this Section 1, this Rock in Rio USA Metallica in Vegas Promotion (the “Promotion”) is open to individuals worldwide who are the age of majority or older in the jurisdiction in which they reside at the time of entry who have an Instagram and/or Twitter account and who are followers of @RockinRioUSA (the “Handle”) on Instagram or Twitter; provided, however, that this Promotion is not available within (i) any countries where the Promotion, its mechanisms, these Rules and/or the Prize or any part(s) of them are prohibited by any applicable law, regulation, guideline or ordinance; (ii) any country currently under sanction by the United States Office of Foreign Assets Control (“OFAC”) list, which can be found at http://www.treas.gov/offices/enforcement/ofac/programs/; (iii) countries or jurisdictions where language translation of rules or publication and bonding of promotions is required; (iv) any country which the Sponsor determines in its sole discretion at any time during the Promotion is a voided country and not eligible for participation.
Officers, directors, and employees of the Sponsor, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/Promotion agencies, persons engaged in the development, production, or distribution of materials for this Promotion, and the immediate family members (defined as spouse, parents, grandparents, children, grandchildren, siblings – whether biological, adopted, step or in-law) of such individuals, or persons living in the same household as such individuals (whether related or not), are ineligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations. Void where prohibited, taxed, or restricted by law.
By participating in this Promotion, you agree to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to this Promotion. The odds of winning this Promotion depend on the number of eligible entries received; in other words, many will enter; only two (2) people will win. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. PROMOTION PERIOD: The Promotion begins on April 30, 2015 at 9:00 am Eastern Daylight Time (“EDT”) and ends on May 3, 2015 at 11:59 pm EDT (the “Promotion Period”). Entries received before or outside of the Promotion Period will not be accepted or be eligible to win the stated Prize.
LIMIT: MAXIMUM OF ONE (1) ENTRY PER PERSON PER DAY (ONLY ONE (1) ENTRY PER INSTAGRAM ACCOUNT; ONLY (1) ONE ENTRY PER TWITTER ACCOUNT). Multiple entries per account per day will not be considered.
ALTERNATIVE METHOD OF ENTRY: You may also enter without sharing the image on Twitter or Instagram by sending an email with your name, complete mailing address, phone number, age and email address to firstname.lastname@example.org. You will receive one (1) Promotion entry into the Prize drawing. Limit: One (1) entry per person per day. All email entries must be received during the Promotion Period.
Any entries received after the close of the Promotion Period will not be eligible for the Promotion. Multiple entrants are not permitted to share an Instagram or Twitter account. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different Instagram or Twitter accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified from the entire Promotion. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Instagram or Twitter account used to register will be deemed to be the entrant. The “Authorized Account Holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the Instagram or Twitter account used to enter. The potential winner may be required to show proof of being the Authorized Account Holder of the Instagram or Twitter account associated with the winning entry.
4. WINNER SELECTION: After the Promotion Period has closed, Sponsor will randomly select two (2) entrants who have submitted eligible entries as the potential Prize winners of the Promotion. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THE OFFICIAL RULES HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. The potential winners will be notified via Twitter and/or Instagram that they are the potential winners and will be instructed to send an email to email@example.com. The potential winner will have 24 hours to respond to this notification. Any potential winner may be subject to verification of eligibility and may be required to sign and return an Affidavit of Eligibility, Release, Copyright Assignment and Publicity License Form (“Release”) within a certain time period after notification. If a potential winner cannot be reached (regardless of reason), does not respond within the designated time, or there is a return of any Prize/Prize notification as undeliverable, he/she may be disqualified and an alternate potential winner may be selected at Sponsor’s sole discretion. Failure to comply with any term or condition in these Official Rules may result in disqualification at Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, an alternate potential winner may be selected in a random drawing from the remaining entries. Odds of winning will depend upon the total number of eligible entries received.
5. PRIZES & APPROXIMATE RETAIL VALUES: Two Prizes will be given away during the Promotion Period. Each Prize consists of a limited-edition audio cassette tape containing Metallica’s first demo entitled “No Life Til Leather.” (“Prize”).
Prize Restrictions: No substitution or transfer of a Prize is permitted, except at Sponsor’s sole discretion. The Prize is not exchangeable for cash. All federal, state and local taxes are the sole responsibility of the winner. The Prize consists of only the item specifically stated as the Prize. All expenses and costs associated with the acceptance or use of the Prize that are not expressly specified in these Official Rules as being part of the Prize are the sole responsibility of the winner. THE PRIZE SHALL NOT INCLUDE ADMISSION TO THE ROCK IN RIO USA 2015 MUSIC FESTIVAL (THE “EVENT”), TRAVEL EXPENSES TO OR FROM LAS VEGAS, NEVADA, OR ANY RELATED ITEMS. Sponsor will not replace or refund any lost or stolen Prize components. Sponsor reserves the right to substitute the Prize for a prize of equal or greater value in its sole discretion. If required by law, winner will be issued a 1099 tax form for the Prize value. EACH WINNER IS RESPONSIBLE FOR ALL TAXES AND FEES ASSOCIATED WITH PRIZE RECEIPT AND/OR USE. EACH WINNER WILL BE REQUIRED TO PROVIDE SPONSOR WITH A VALID SOCIAL SECURITY NUMBER OR TAXPAYER IDENTIFICATION NUMBER FOR TAX REPORTING PURPOSES BEFORE A PRIZE WILL BE AWARDED. Prizes are not transferable.
6. PUBLICITY AND PERSONAL INFORMATION OPT-IN: Acceptance of a Prize constitutes permission to the Sponsor and its agents to use the winner’s names and/or likenesses, Prize information, photographs, voices, comments for purposes of advertising and trade without further notice, permission, or compensation, unless prohibited by law.
By participating in this Promotion, entrants consent for the Sponsor to obtain, use, and transfer their name, address, Twitter handle, Instagram handle and other information for the purpose of administering this Promotion. Additionally, entrants authorize the Sponsor to send them emails, tweets, and other messages. The information that is provided in connection with the entry process will be used by Sponsor and/or its affiliates, but will not be sold or provided to another company.
7. RELEASE OF LIABILITY: As a condition of entering or participating in this Promotion, winner agrees to hold harmless Sponsor, Instagram, Twitter parents, subsidiaries, affiliates, suppliers, distributors, advertising agencies, and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) against any and all claims and liability arising out of use or misuse of a Prize or participation in the Promotion. Winner assumes all liability for any injury or damage caused, or claimed to be caused by participation in this Promotion or use or redemption of any Prize.
California citizens: Entrant hereby acknowledges its familiarity with Section 1542 of the Civil Code of California, which provides that “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected the settlement with the debtor.” Accordingly, entrant hereby waives every right or benefit which under Section 1542, and under any similar provision of any other applicable law, to the full extent that any entrant may lawfully waive such right or benefit pertaining to this Promotion. Entrant further acknowledges that he/she may hereafter discover facts in addition to or different from those which those known or believed to be true with the respect to this Promotion, but that it is entrant’s intention hereby fully, finally and forever, to settle and release the Released Parties from all disputes and claims, known or unknown, suspected or unsuspected, which now exist, may exist or heretofore existed, and in furtherance of such intention, the release given herein shall be and remain in effect as a full and complete release, notwithstanding the discovery or existence of any such additional or different facts.
8. DISPUTES. Except where prohibited, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Nevada or the appropriate State Court located in Las Vegas, Nevada; (2) any and all claims, judgment, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion or participating in the Promotion, but in no event attorneys’ fees; (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
9. GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with the laws of the State of Nevada without giving effect to any choice of law or conflict of laws rules (whether of the State of Nevada or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Nevada. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have.
10. GENERAL CONDITIONS: Released Parties are not responsible for any typographical or other error in the printing, the offering or the announcement of any Prize or in the administration of the Promotion. In no event will more than the number of Prizes stated in these Official Rules be awarded. Released Parties are not responsible for incomplete, undecipherable lost, late, damaged, illegible, delayed, corrupted or misdirected e-mail, entries, or for any technical problems, malfunctions of any telephone lines or networks, computer systems, servers, providers, hardware or software, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmission, loss of data or entry information, or any other human or technical errors of any kind, or any combination of any of the foregoing. Released Parties assume no responsibility for undeliverable messages resulting from filtration of an entrant’s wireless or Internet service provider or for insufficient space to receive text or e-mail or other messages.
If for any reason this Promotion is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend, or modify the Promotion without notice and award the Prizes using all non-suspect eligible entries received as of or after this termination or suspension date. If the Promotion is canceled, Sponsor will award the Prize from among all eligible entries received as of the time of cancellation in a random drawing, and Sponsor shall have no further obligation to any entrant in connection with the Promotion. Any use of robotic, automatic, programmed, or the like methods of participation will void all such entries by such methods. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RELEASED PARTIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROMOTION SHALL BE CONSTRUED ACCORDING TO UNITED STATES LAW.