SWEEPSTAKES GENERAL RULES COVER SHEET
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
This Sweepstakes is governed by this cover sheet (“Cover Sheet”) and the general sweepstakes rules (“General Sweepstakes Rules”) attached hereto and incorporated by reference herein (collectively, the “Rules”). Capitalized terms used on this Cover Sheet may be defined in the attached General Sweepstakes Rules.
Name of Promotion: Evanescence Golden God Awards Sweepstakes
Sweepstakes Start Date/Time: March 21, 2012 at 12:00 pm pst
Sweepstakes End Date/Time: April 4, 2012 at 12:00 pm pst
How to enter:
During the Entry Period, please visit the “Sweepstakes Site” located at http:facebook.com/BandMerchLLC Once there, in order to enter:
Entrants may be required to have a Facebook account, which is free. 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. Once the information is submitted the Entrant will be entered to win. Potential winners are selected at random.
Total Number of Prizes: One (1) Grand Prize
Total Number of Potential Winners:
Prize Description: The Grand Prize will include two (2) tickets to the Revolver Golden Gods Awards at Club Nokia in Los Angeles on April 11, 2012, one (1) one year subscription to Revolver magazine, and one poster to be selected by Sponsor.
Winner and winner’s guest are responsible for all travel related costs including transportation and lodging.
Approximate Retail Value of Each Prize: $100.00
Selection of Potential Winner: Drawing date for Potential Winner on or about April 5, 2012.
For Official Rules: To receive a copy of the Rules, within ninety days of the Sweepstakes End Date, send a self-addressed, stamped envelope to:
Attn: Evanescence Revolver Golden Gods Sweepstakes
16000 Ventura Boulevard 8th floor, Encino, California 91436
Requests for Rules must be received by July 10, 2012 and VT residents may omit return postage.
For Winners List: For a list of winners, within ninety days of the Sweepstakes End Date, send a self-addressed stamped envelope to:
Attn: Evanescence Revolver Golden Gods Sweepstakes
16000 Ventura Boulevard, 8th floor
Encino, California 91436
Requests for Winners List must be received by July 10, 2012. WA and VT residents may omit return postage.
THE General SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES
1. SPONSOR/ENTRY PERIOD: This Sweepstakes is governed by these General Sweepstakes Rules and the Cover Sheet attached hereto and incorporated by reference herein (collectively, the “Rules”). The Sweepstakes (the “Sweepstakes”) is sponsored by BandMerch, LLC (“Sponsor”), having its principal place of business at 16000 Ventura Boulevard, 8th floor, Encino, California 91436. The Sweepstakes Start Date and Sweepstakes End Date is as stated in the Cover Sheet (such period, the “Entry Period”).
2. ELIGIBILITY: This Sweepstakes is open to residents of the U.S. including the District of Columbia (excluding Guam, Puerto Rico, and all other U.S. territories and possessions), and Canada (excluding Quebec) who are at least eighteen (18) years of age or who have reached the age of majority in their jurisdiction of residence, whichever is older, at the time of entry (the “Eligibility Area”). Employees, officers, directors and agents (and their immediate families and household members regardless of where they live, or members of the same households (whether related or not)) of BandMerch, LLC and any of its parents, divisions, affiliates, and subsidiaries (collectively, the “Sweepstakes Provider”), are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Federal, state and local laws and regulations apply.
3. HOW TO ENTER: Online entries only. To enter, visit the sweepstakes site provided on the Cover Sheet (the “Sweepstakes Sites”) at any time during the Entry Period. To be eligible to participate, each entrant may 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”) and may be requested to perform some other action on the Sweepstakes Site as specified in the Cover Sheet. All of the Sweepstakes information will be posted at the Sweepstakes Site throughout the Sweepstakes period. Limit of one entry per person and per household. Duplicate entries from the same e-mail address/person/household/or Facebook, Twitter or MySpace account will be automatically eliminated without notice to the entrant. Where a dispute arises about who submitted an entry, the entry will be deemed submitted by the holder of the relevant account. Entries must be received by the Sweepstakes End Date specified on the Cover Sheet. Odds of winning depend on the number of eligible entries received. No entries will be acknowledged or returned.
5. PRIZES: The Prize and the approximate retail value thereof is as stated on the Cover Sheet. Additional restrictions may apply. Unless otherwise stated in the Cover Sheet, travel is not included. Any and all expenses not expressly listed in the Cover Sheet are the responsibility of the winner of the applicable Prize (“Prize Winner”). Due to the nature of the Prize, Sweepstakes Provider is not responsible to the Prize Winner if any show date is cancelled or postponed and may elect, in its sole discretion, to substitute with a prize of like value.
5. PRIZE DRAWING: The potential Prize Winners (“Selected Entrants”) will be selected in a random drawing from all eligible entries received. The drawing will be held on or about the drawing date (“Drawing Date”) as specified in the Cover Sheet. The drawing will be conducted by the Sweepstakes Provider whose decision is final and binding on all aspects of this Sweepstakes. The Selected Entrant will be notified within one week of the Drawing Date specified in the Cover Sheet, by e-mail, and/or telephone. Failure of any Selected Entrant to respond within a reasonable time frame (but not longer than 96 hours) from such notification referred to above may result in disqualification and the selection of another entrant from among all eligible entries received. By entering the drawing, each entrant agrees to be bound by these Official Rules and the decisions of the Sweepstakes Provider. In the event of non-compliance for any reason, including the inability to accept the Prize for any reason, an alternate entrant may be selected. In the event Selected Entrant is a resident of Canada, the Canadian Selected Entrant will be required to answer a bona fide skill question in order to be awarded the Prize. If the Canadian Selected Entrant is unable to correctly answer the skill question in the time allotted, the Canadian Selected Entrant will be disqualified and an alternate entrant will be selected from among all eligible entries received.
6. CONDITIONS, DISCLAIMERS, AND LICENSE: By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and by all decisions of the 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. 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 Delaware North Companies Inc. – Boston (“TD Garden”) 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, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these Official Rules. The Sweepstakes Provider and TD Garden make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished or made available in connection with the Sweepstakes. Although Sweepstakes Provider 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 the Sweepstakes Provider, could corrupt, compromise, undermine, or otherwise affect the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, the Sweepstakes Provider 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 Selected Entrant 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 Provider. In the event that there are typographical errors that obscure the original intent of the Sweepstakes, Sweepstakes Provider reserves the right to cancel or modify the Sweepstakes appropriately.
All taxes (including without limitation Federal, state and local taxes) in connection with the Prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner(s). Prize Winner(s) may be sent a tax form 1099 in the event the average retail value requires Sweepstakes Provider to submit such form. In order to claim the Prize, the Selected Entrant may be required to sign an affidavit of eligibility and in compliance with these Official Rules, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by the Sweepstakes Provider (unless prohibited by law), at the discretion of Sweepstakes Provider. Additional information will be mailed to Selected Entrant using the address provided in the entry form. The return of forms or prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of the Sweepstakes Provider. In no event is Sweepstakes Provider required to contact Selected Entrant more than once.
By entering this Sweepstakes and unless prohibited by law, the Selected Entrant hereby consents 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 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 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 the Sweepstakes Provider in its sole discretion.
8. RELEASE AND INDEMNIFICATION: By entering the Sweepstakes, entrants release and hold the Sweepstakes Provider, Revolver Magazine and parent company NewBay Media LLC, Facebook, and each of their affiliates, parents or subsidiaries 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.
9. LIMITATION OF LIABILITY: In no event will the Sweepstakes Provider or TD Garden 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 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, and non-infringement.
10. 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.
(b) 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.
(c) Winner: For a list of winners, send a self-addressed stamped envelope to the address listed on the Cover Sheet under Winners List. WA and VT residents may omit return postage.
(d) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope t the address listed on the Cover Sheet under Rules Requests. WA and VT residents may omit return postage.