Dream Theater Flyaway Contest: Official Rules
THE DREAM THEATER FLYAWAY SWEEPSTAKES — OFFICIAL RULES
The Dream Theater Flyaway Sweepstakes (the “Sweepstakes”) is sponsored by Roadrunner Records Inc., 1290 Avenue of the Americas, 28th Floor, New York, NY 10104, (“Roadrunner”) (the “Sponsor”), and promoted and operated through the websites located at http://www.ultimateclassicrock.com/, http://www.loudwire.com/, and http://www.noisecreep.com/ (individually and collectively, the “Sweepstakes Site”). The Sweepstakes begins on February 26, 2014 at 12:00 p.m. Eastern Time (“ET”) (the “Start Date”), and ends on March 10, 2014 at 11:00 a.m. ET (the “End Date”) (such period, the “Sweepstakes Period”). BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS SWEEPSTAKES.
1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE SWEEPSTAKES.
2. THE SWEEPSTAKES.
a. Determining the Winner. Sponsor and/or its designees (the “Judges”) will review all eligible Entries for conformity to the rules. On or about March 11, 2014, Judges will choose at random one (1) Entry to be deemed the potential grand prize winner (the “Potential Grand Prize Winner”). (The Potential Grand Prize Winner is sometimes referred to herein as “Potential Winner.”) Once the Potential Grand Prize Winner completes the Clearance Process defined below (including submitting a fully completed Affidavit of Eligibility and Release) the Potential Grand Prize Winner will be named the grand prize winner (“Grand Prize Winner”). (The Grand Prize Winner is sometimes referred to herein as “Winner”). NO ENTRANT WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2(b) BELOW). Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and/or qualified Entries. Sponsor may, in its sole discretion, contact the Potential Winner and require any such Potential Winner to submit to a background check to help ensure that such Potential Winner’s continued participation in the Sweepstakes will not, in Sponsor’s sole discretion, damage the Sweepstakes or otherwise reflect adversely on the Sweepstakes Entities; require such Potential Winner to answer additional questions or participate in additional screening procedures; require such Potential Winner to sign consent forms, releases (including, without limitation, Sponsor’s standard “Affidavit of Eligibility and a Liability/Publicity Release”); and/or disqualify any Potential Winner who is unable or unwilling to do or provide any of the foregoing (“Clearance Process”).
b. Clearance Process. The Potential Winner must complete the Clearance Process within two (2) days from the moment of notification to receive any prize. Without limiting the foregoing and only if applicable, any Potential Winner who is a minor in his or her state of residence will be required to have his or her parent or legal guardian affirm in writing such Potential Winner’s acknowledgement and agreement to the Official Rules, in order to continue to participate in the Sweepstakes. Return of any prize notification as undeliverable will result in disqualification and selection of an alternate Winner. If the Potential Winner does not reply to the notification within two (2) days 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 randomly selected, at Sponsor’s discretion. Sponsor reserves the right to provide an independent third party (the “Auditing Entity”) with any Entry submitted by such Potential Winner in order that such Auditing Entity may examine such Entry and confirm, subject to its and Sponsor’s discretion, that such Entry complies with these Official Rules. In the event that any Potential Winner elects to end his or her participation in the Sweepstakes, is unable to participate further in the Sweepstakes for any reason, or is, in Sponsor’s sole discretion, deemed to be ineligible to participate, Sponsor reserves the right to select an alternate Potential Winner in its sole discretion.
c. (i) Grand Prize. The Grand Prize Winner and one (1) guest will receive a trip to Dream Theater’s live in concert at The Boston Opera House on March 25, 2014, which is located at 539 Washington St., Boston, MA 02111. The trip will consist solely of: (i) two (2) round trip, economy class, airfare tickets from a major airport near the Grand Prize Winner’s residence in the United States (as selected by Sponsor in its sole discretion) (Approximate Retail value (“ARV”) $2,000); (ii) hotel accommodations (based upon double occupancy) for 2 nights for the dates of March 24, 2014 and March 25, 2014 to be determined solely by Sponsor (ARV $500); (iii) two (2) tickets to the concert at the Boston Opera House on March 25, 2014 (ARV $160); and (iii) two (2) Meet & Greet (“M&G”) passes for the
concert at the Boston Opera House on March 25, 2014 (ARV $100). The Grand Prize tickets may only be used for the concert at the Boston Opera House on March 25, 2014. The total ARV of the Grand Prize is $2,760. Actual retail value of the prize may vary depending on the Winner’s residence, market conditions, change in value of components (e.g., air transportation and hotel rates) and other reasons. Sponsor is not responsible for and Winner will not receive the difference between the actual value of the prize at the time of the award and the stated ARV of these Official Rules or in any Sweepstakes-related correspondence or materials. In the event the Winner lives within close proximity of the trip destination (as determined in Sponsor’s sole discretion), Sponsor may substitute airfare with ground transportation, and any difference in value will not be awarded. Failure to complete the trip prize does not relieve Winner of his/her tax obligations associated with winning the trip prize. Specific travel arrangements and all prize details not specified herein will be made and determined in Sponsor’s sole discretion. Travel must originate from and end at the same airport. The Winner and his/her guest must travel together on the same itinerary. It is the Winner’s and his/her guest’s responsibility to comply with all travel requirements, which may include, without limitation, presenting necessary identification (including photograph identification) at the time of travel. Flight schedules are subject to change without notice. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. Grand Prize Winner may be required to present a credit card at time of hotel check-in to cover hotel incidentals. All meals, gratuity, in-room charges, travel expenses, travel and other insurance, carrier fees, government charges, transfers, ground transportation, taxes (federal, state and local) and other expenses not specified in these Official Rules as being provided as part of the prize are the sole responsibility of the Grand Prize Winner. If Grand Prize Winner is a minor in his/her state of primary residence, the prize will be awarded to that minor’s parent or legal guardian, who must complete the Sponsor’s release from liability and confirm his/her compliance with and acceptance of these official rules on his/her behalf and on behalf of the minor. Such minor must be accompanied by his/her parent or legal guardian as his/her guest during the entire trip. Winner agrees that his/her guest (or parent or legal guardian of guest if guest is a minor in his/her state of residence) must comply with Sponsor’s and each prize provider’s procedures and policies and must complete, sign and have notarized and return a release from liability and, where legal, a publicity release to Sponsor in the timeframe specified by the Sponsor or travel will not be allowed. If the guest is a minor in his/her state of residence, they are only eligible to be the guest of the Winner if the Winner is their parent or legal guardian. Once selected by Winner, the guest cannot be changed without the express consent of the Sponsor, which may be withheld for any reason. By entering the Sweepstakes and accepting the prize, the Grand Prize Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices. The Grand Prize Winner understands and agrees that Sponsor or prize provider has the right, in their sole discretion, to disqualify and remove the Grand Prize Winner and his/her guest from any activity at any time if their behavior at any point is uncooperative, disruptive, or may or does cause damage to the person, property, or reputation of Sponsor or otherwise violates the policies of the prize provider, and in such case, the Winner will still be solely responsible for all taxes and other expenses related to the prize. Participants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption of travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim the prize. In the event that the Grand Prize Winner is unable to comply with the terms of these Official Rules, Sponsor reserves the right to deem such individual ineligible and to select a new Grand Prize Winner from among the remaining entrants.
(ii) All taxes (including without limitation federal, state, and local taxes) on or connected with the prize and the reporting consequences thereof, and any other costs, fees, and expenses not explicitly stated herein are the sole responsibility of Winner. Sponsor will issue Grand Prize Winner a 1099 form. All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the Winner because of an incorrect or changed address or other contact information. If the Winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than stated prize will be awarded. The Winner is strictly prohibited from selling,
auctioning, trading or otherwise transferring any part of the prize. In the unlikely event that any part of the prize is undeliverable for any reason, the Winner agrees that Sponsor has no further obligation to Winner other than delivery of the remainder of the prize.
a. General; List of Winners; License. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and regulations apply. After the end of the Sweepstakes Period, the name of the Winner may be posted to the Sweepstakes Site, and/or to another Sponsor-affiliated site or service. In addition to any other grants that may be granted in any other agreement entered into between Sponsor and any Winner, where permitted by law, each such individual agrees to grant to Sponsor, the Sweepstakes Entities, and their respective licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, such individual’s name, photograph, portrait, picture, voice, likeness 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; and upon request, each such individual (or, if a minor, such individual’s parent or legal guardian) will provide written consent to the foregoing uses. For a list of Winners (available after March 14, 2014, please send a self-addressed stamped envelope to “The Dream Theater Flyaway Sweepstake”- Winners List, c/o Atlantic Records, 1290 Avenue of the Americas, New York, NY 10104, Attn: Nathan Lyons. Queries must be postmarked no later than April 30, 2014.
b. Disclaimer and Limitation of Liability. The Sweepstakes Entities make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. The Sweepstakes Entities are not responsible for any incorrect or inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by authorized web site users, by tampering or “hacking,” or by any of the equipment, software, or programming related to the Sweepstakes Site or the Sweepstakes, and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to the Sweepstakes Site, or any Entry. Additionally, the Sweepstakes Entities are not responsible for any cancellation or postponement of any aspect of the prize. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Entrants acknowledge that Sponsor is not responsible for the actions of Entrants or other participants in connection with the Sweepstakes, including Entrants’ or others’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Sponsor is not responsible for injury or damage to Entrants’ or to any other person’s computer, other equipment, or person in connection with participation in the Sweepstakes, or downloading materials from or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of continuing as planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, 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 discretion to modify these Official Rules and/or to cancel, terminate, modify, or suspend the Sweepstakes. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES 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 YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITE, THE STREAMING, DOWNLOADING, AND/OR PRINTING OF MATERIALS FROM THE SWEEPSTAKES SITE, SPONSOR’S OR ANY THIRD PARTY’S REMOVAL FROM THE SWEEPSTAKES SITE OF OR DISCONTINUATION OF ACCESS TO ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, OR ANY HARM RESULTING THEREFROM. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL ENTRIES, AND ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES 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, OR NON-INFRINGEMENT.
c. Dates and Deadlines. Because of the unique nature and scope of the Sweepstakes, and because of the complexity of the technology underlying the administration 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 related to the Sweepstakes.
d. Release and Indemnification. BY PARTICIPATING IN THE SWEEPSTAKES, ENTRANT: (A) RELEASES AND HOLDS SPONSOR, WARNER MUSIC INC., ATLANTIC RECORDS LABELS, INDIVIDUALLY AND AS A GROUP, THE ARTISTS P/K/A DREAM THEATER, TOWNSQUARE MEDIA, LLC , AND ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES); (“LOSSES”) 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 SWEEPSTAKES SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER 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; AND (B) INDEMNIFIES AND HOLDS HARMLESS SPONSOR, WARNER MUSIC INC., ATLANTIC RECORDS LABELS, INDIVIDUALLY AND AS A GROUP, THE ARTISTS P/K/A DREAM THEATER, TOWNSQUARE MEDIA, LLC, AND ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY SWEEPSTAKES ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE RELATING TO ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or the Sweepstakes, such dispute shall be submitted to arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by these Official Rules. The Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New York in the State of New York, United States of America. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Company’s trade secrets and other confidential information. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of New York or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any other agreements you may enter into with Sponsor in connection with the Sweepstakes, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed
and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Sweepstakes, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section 3(e). For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE SW EEPSTAKES.
f. Governing Law. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. For any dispute not subject to arbitration according to Section 3(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located in the County of New York in the State of New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably 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 (i.e., costs associated with participating in the Sweepstakes), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
h. Headings. 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.
i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or other marks in connection with this Sweepstakes or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Sweepstakes Site or the Sweepstakes.
j. Interpretation. In the event of any conflict between any information provided on the Sweepstakes Site regarding the Sweepstakes (such as a “F.A.Q.”), on the one hand, and these Official Rules, on the other, these Official Rules shall govern.
Official Rules © 2014 Roadrunner Records Inc. All rights reserved.