SEPULTURA FACEBOOK CONTEST
OFFICIAL RULES & REGULATIONS
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
BY ENTERING THIS CONTEST, 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. CONTEST OVERVIEW: The Sepultura Facebook Contest (the “Contest”) is a promotional contest in which ten (10) prize winners will be selected (each, a “Winner” and collectively, the “Winners”) by Sponsor during the Contest Period to win a Prize (each as defined herein).
2. ELIGIBILITY: The Contest is open to all legal United States permanent residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age, or the age of majority in the jurisdiction of their residence as of the start of the Contest Period, whichever is greater, and who have a valid email address. Officers, directors, and employees of the Sponsor, and any of employee, officer or director of the Sponsor’s parent companies, affiliates, franchisees, agents, licensees, distributors, suppliers, subsidiaries, retailers, advertising/public relations agencies, persons engaged in the development, production, or distribution of materials for this Contest, 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 Contest. The Contest is subject to all applicable federal, state, and local laws and regulations. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited, taxed, or restricted by law.
3. SPONSORSHIP: This Contest is sponsored by Rock World USA, LLC, d/b/a Rock in Rio USA, 6280 West 3rd Street, #423, Los Angeles, California 90036 (the “Sponsor”). This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.
4. CONTEST PERIOD: The Contest begins on April 14, 2015 at 9:00 a.m. Pacific Time (“PT”) and ends on April 16, 2015 at 11:59 p.m. PT (the “Contest Period”). All times are determined according to the time in Las Vegas, Nevada. All Entries must be received by 11:59:59 PM (CT) on April 16, 2015, 2015. Sponsor’s computer is the official time keeping device for this Contest.
5. HOW TO ENTER: During the Contest Period, visit the Contest Facebook page at https://www.facebook.com/video.php?v=354710208059183 (the “Contest Page”) and watch the video message by Sepultura to its fans. Post a comment under the video explaining why you want to meet Sepultura.
Each Contest entry (“Entry”) consists of one Facebook comment posted on the Contest Page in accordance with Section 5. Only one Entry per person is permitted. If any person submits more than one Entry, only the first Entry received by the Sponsor will be considered. No mail-in Entry method is available for this Contest. Each submitted comment, in its entirety, must be a single work of original material written by you.
By entering the Contest, you represent, acknowledge and warrant that the submitted comment is an original work written solely by you, that the comment does not infringe on the copyrights, trademarks, moral rights, rights of privacy/publicity or intellectual property rights of any person or entity, and that no other party has any right, title, claim or interest in the comment.
Winning comments will be selected by Sponsor based on the following criteria: Relevancy (50%), Originality (25%), and Creativity (25%). The comment must not, in the sole and unfettered discretion of the Sponsor, contain obscene, provocative, defamatory, sexually explicit, or otherwise objectionable or inappropriate content. Comments deemed inappropriate will be disqualified.
Entries must be made by the authorized user of the Facebook account (the “Authorized Person”).
The Released Parties (defined below) are not responsible for lost, late, incomplete, illegible, incorrect, damaged, delayed, garbled, unintelligible, undelivered, or misdirected Entries, which will be disqualified. All Entries become the exclusive property of Sponsor and will not be acknowledged or returned.
6. JUDGING CRITERIA: Winners will be chosen by the Sponsor on an ongoing basis during the Contest Period and will be notified via an announcement on Contest Page. You must follow the Contest Page and read announcements posted on the Contest Page to receive the announcement of the Contest’s Winners. The Sponsor’s selections are final and binding. The Sponsor shall select Winners based on the following criteria as demonstrated in the Entrant’s comment: (1) Demonstrated passion for Sepultura’s music (50%); (2) Creativity (25%); and (3) Compelling reason why Entrant should be selected (25%).
7. LICENSE: By entering the Contest, you grant an irrevocable, perpetual, worldwide non-exclusive license to the Sponsor and its designees, licensees or affiliates (the “Authorized Parties”), to reproduce, distribute, display and create derivative works of your Entry (along with a name credit) in connection with the Contest and promotion of the Contest, in any media now or hereafter known, including, but not limited to display at a potential exhibition of Winners and publication online highlighting Entries or Winners of the Contest. You consent to the Sponsor doing or omitting to do any act that would otherwise infringe on your “moral rights” in your Entry. Display or publication of any Entry on an Authorized Party’s website does not indicate the entrant will be selected as a Winner. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use. Additionally, by entering, you grant to Authorized Parties the unrestricted right to use all statements made by you in your Entry in connection with the Contest, and of your picture or likeness, or choose not to do so, at their sole discretion. Authorized Parties will not be required to pay any additional consideration or seek any additional approval in connection with such use.
8. PERSONAL INFORMATION / OPT-IN: By entering the Contest, you authorize the Sponsor to obtain, use, and transfer your name, address, and other information for the purpose of administering this Contest. Additionally, you are authorizing the Sponsor to send you emails. The information that you provide in connection with the Entry process will be used by Sponsor, but will not be sold or provided to another company.
9. PRIZE: MEET AND GREET WITH SEPULTURA. There will be ten (10) Winners. Each Winner will receive a Sepultura CD and DVD.
Bonus for Winners who Obtain Wristbands: Any Winner who attends the Sepultura performance at the Festival, scheduled for May 9, 2015 (the “Performance”), will have the chance to participate in a meet and greet with members of Sepultura and have their Prizes autographed by members of Sepultura (the “Bonus Meet and Greet”). Each Winner, as prior condition of participating in the Bonus Meet and Greet, must obtain wristbands guaranteeing his/her admission to the Festival. Any expense associated with admission to the Festival, including the cost of wristbands, travel to and from the Festival, and meals and hotel accommodations, shall be the sole responsibility of each Winner; no Winner shall be reimbursed by Sponsor for such expenses.
Sponsor does not guarantee the availability of wristbands for the date of the Performance. If a Winner is unable to attend the Performance and the Bonus Meet and Greet at the time designated by Sponsor, the Bonus Meet and Greet shall be deemed forfeited by such Winner and no additional or alternative bonus will be awarded; provided, however, that Sponsor may reschedule the Bonus Meet and Greet without prior notice to the Winners if the members of Sepultura are unavailable for any reason. Should any Winner be unable to attend any rescheduled Bonus Meet and Greet, the Winner’s participation in the Bonus Meet and Greet shall be deemed forfeited, and Sponsor shall have no further obligation to such Winner. If any Bonus Meet and Greet component is not available or is cancelled for any reason, then the Prize shall constitute full satisfaction of Sponsor’s prize obligation to each Winner and no additional compensation will be awarded.
There is no cash equivalent to the Bonus Meet and Greet and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Bonus Meet and Greet for a bonus of equal or greater value if the designated Bonus Meet and Greet should become unavailable for any reason. Each Winner shall be responsible for all taxes and fees associated with prize receipt and/or use. The approximate combined retail value of the Prize and the Bonus Meet and Greet is $500.00. Prizes and Bonuses are non-transferable.
10. PUBLICITY: Except where prohibited, participation in the Contest constitutes your consent for Sponsor and its designees and partners to use your name, prize information, likeness, biographical data, contact information, city and state of residence for editorial, advertising, marketing, publicity, and administrative purposes in any media without further compensation.
11. PRIZE TERMS AND CONDITIONS: Each potential Winner must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance by a potential Winner, such potential Winner shall be disqualified and all privileges otherwise due to such person as the Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining applicable eligible Entries received in Sponsor’s sole discretion. To claim a prize, you will be required to provide your correct full name, a valid, government-issued photo identification document, mailing address, date of birth, telephone number and e-mail address. Each potential Winner may be subject to verification before a prize will be awarded. Each Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Each Winner will be required to sign an Affidavit of Eligibility, Liability/Publicity Release, and Certificate of Work Made for Hire/Copyright Assignment (collectively, the “Prize Acceptance Release”), together with such other documents as Sponsor may deem necessary or advisable in its sole discretion, and return them within three (3) days of written notification or the prize may be forfeited and an alternate potential Winner selected.
Each Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize. If applicable, any stated average retail value (“ARV”) of the Prize is based on available information provided to Sponsor. Any difference in ARV at the time of awarding will not be awarded, and the value of any Prize awarded to a Winner may be reported for tax purposes as required by law. 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. An IRS Form 1099 will be issued in the name of each Winner for the total ARV of the prize, as stated above, in the calendar year the prize was won. Acceptance of a prize constitutes permission (except where prohibited) for the Sponsor and the Sponsor’s designees and partners to use the Winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or Contest purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
12. RELEASE: As a condition of entering or participating in this Contest, you agree to release and hold harmless Sponsor, Facebook, and each of their respective parents, subsidiaries, affiliates, suppliers, distributors, advertising agencies, and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including but not limited to personal injury, death, emotional distress, mental anguish or damage to or loss of property, arising out of or which may be sustained in connection with: (a) participating in any aspect of the Contest, including without limitation while preparing for, participating in and/or traveling to or from any prize or Contest-related activity; (b) receipt, ownership, possession, or use or misuse of any Prize, including infringement of any intellectual property rights associated with such Prize; (c) viruses or any downloading or other problems with the Contest; or (d) any typographical or other error in these Official Rules or the announcement of offering of any prize (“Released Matters”).
California citizens: You hereby acknowledge that you are familiar 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, you hereby waive and relinquish every right or benefit which you may have under Section 1542 of the Civil Code of California, and under any similar provision of any other applicable law, to the full extent that you may lawfully waive such right or benefit pertaining to this Contest and the Released Matters. You further acknowledge that you may hereafter discover facts in addition to or different from those which you now know or believe to be true with the respect to the subject matter of this Contest, but that it is your intention hereby fully, finally and forever, to settle and release the Released Parties from all Released Matters, disputes and differences, 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.
13. RIGHT TO MODIFY, CANCEL OR SUSPEND CONTEST: If for any reason this Contest is not capable of running as planned for any reason, including, without limitation, due to sickness or death of any member of Sepultura or any person closely affiliated with Sepultura, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm, or other natural cataclysm, riot, strike, civil commotion, government regulation, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest (or any part thereof), Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the Entry process, and to terminate, modify or suspend the Contest, in whole or in part, at any time, without notice and award the Prize using all non-suspect eligible Entries received as of or after (if applicable) this termination or suspension date.
LIMITATIONS OF LIABILITY: The Released Parties (as defined in Section 12 hereof) assume no responsibility for any incomplete, incorrect, or inaccurate information, whether caused by Contest Page users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error. The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Contest Page, or any combination thereof, including any injury or damage to any entrant’s or any other person’s computer (or any information/material stored therein) relating to or resulting from participation in this Contest or downloading any materials in this Contest. Any person who supplies false information, obtains Entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a Winner based on a Facebook Account, the winning Entry will be declared made by the Authorized Person of the Facebook account submitted at time of Entry.
14. GOVERNING LAW/DISPUTES: By participating, you agree to be bound by the Official Rules, Sponsor’s Contest Page Terms and Conditions, and Sponsor’s decisions, which are final and binding in all respects. The Contest and these Official Rules shall be construed and governed in accordance with the laws of the State of Nevada. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of Contest entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Nevada, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other states laws.
Except where prohibited, as a condition of participating in this Contest, the parties agree that any and all disputes which cannot be resolved between the parties, any claims and causes of action arising out of or connected with this Contest, or any prizes awarded, or the determination of a Winner shall be resolved individually, without resort to any form of class action, in the County of Clark, State of Nevada. You hereby waive, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action, suit or proceeding brought in the State of Nevada. You irrevocably waive any right to bring or join in any class action regarding the Contest. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than your actual out-of-pocket expenses (e.g., costs associated with entering this Contest), and you further waive all rights to have damages multiplied or increased.