Stratovarius Sweepstakes
1. SPONSOR:
Universal
Music Group Distribution,
2. ENTRY:
You
may enter this Sweepstakes in one of two (2) ways during the period beginning
at 12:01 A.M., August 3, 200, and ending at 11:59:59 P.M., September 4, 2009 (“Entry
Period”). For purposes of these Official Rules (“Rules”), all times and days
are Pacific Daylight Time.
(a) SMS TEXT ENTRY: You may enter by text messaging by
sending on your cell phone (“Cell”) one of the following keywords, “STRAT”, “STRAT2”, “STRAT3”, “STRAT4”, “STRAT5”, “STRAT6”, “STRAT7”, or “STRAT8”, as an SMS text
message to the SMS shortcode 30303 (“SMS Entry”). Standard carrier-messaging
charges may apply and all valid SMS Entries will receive on your Cell a
confirmation SMS text message that states: Thanks for entering! We hope to see
you at the show! Polaris is in stores now. 4Rules reply STRATRULES. Text
messaging may not be available in all areas. Available in US on AT&T, Verizon, Sprint, and
T-Mobile wireless carriers. Not available on all mobile phones.
(b)
ONLINE ENTRY: You may enter
via the Internet by visiting http://www.gotdownloads.com/stratovarius
(“Website”), following the entry instructions and
clicking on the “submit”
button (“Online Entry”). Normal Internet access and usage charges imposed
by your online service will apply. It is your sole responsibility to notify the
Sponsor in writing if you change your email address (“Address”).
“Entry” shall
mean and refer to each SMS and Online Entry.
3. LIMITATIONS:
All
Entries must be received by 11:59:59 P.M., September 4, 2009. Only one Entry per
person/Address/Cell (regardless of method of Entry or whether one person has
more than one Address or Cell or more than one person use the same Address or Cell).
In event of a dispute regarding the identity of the person submitting an Entry,
the Entry will be deemed to be submitted by the person in whose name the Address
or Cell is registered. Entries
by any method other than set forth above in Section 2 are void. Any use of
automated or programmed methods of effecting Entry is prohibited. Open only to persons 18 or older upon entering
who are legal residents of, and physically located within, the 50 states or
D.C. (collectively, “Territory”) and not employees of Sponsor; its parent,
subsidiary, affiliated or successor companies; or the advertising, promotional
or fulfillment agencies of any of them (individually and collectively,
“Entities”); nor members of their households or immediate families. Neither the
Entities, nor any of their officers,
directors, shareholders, employees,
agents or representatives (individually and collectively, “Releasees”)
are responsible for Entries from persons residing, or physically located,
outside the Territory; Entries or text messages that are altered, delayed,
deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate,
incomplete, interrupted, irregular in any way, late, lost, misdirected,
multiple, non-delivered, stolen, tampered with,
unauthorized, unintelligible or otherwise not in compliance with these
Rules; or for lost, interrupted or unavailable satellite, network, server,
Internet Service Provider, Website or other connections; telephone or cell
phone text messaging availability or accessibility; miscommunications; failed
computer, satellite, telephone or cable transmissions, lines or technical
failure; jumbled, corrupted, scrambled, delayed or misdirected transmissions;
computer hardware or software or text message malfunctions, failures, technical
errors or difficulties; unauthorized human intervention; traffic congestion; undeliverable
emails resulting from any form of active or passive email filtering;
insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to
electronic, mechanical or human error or other causes; even if caused by the
negligence of any of the Releasees. Each of such potential Entries will be
disqualified and any attempt by a person to use multiple email or cell
phone accounts to register more than once may result in disqualification at
Sponsor’s sole discretion. Void where
prohibited or restricted by law and subject to all applicable federal, state, local
and municipal laws and regulations.
4. PRIZES: Eight
(8) GRAND PRIZES: one (1) pair of tickets to see Stratovarius live in concert, and one (1) t-shirt (approximate total retail value [“ARV”]:
$200.00). Limit one prize per person/Address/Cell. Any depiction of prizes
is for illustrative purposes only. Prizes are not redeemable for cash or
transferable. No substitution allowed except, at Sponsor’s sole discretion, a
prize of equal or greater value may be substituted. Sponsor will not replace
any lost or stolen prizes. The prize
cannot be used in conjunction with any other promotion or offer Prize elements
may not be separated. Only the number of prizes stated in the Rules is
available to be won. All prizes will be awarded provided a sufficient number of
eligible Entries are received and prizes validly claimed by September 4, 2009,
after which no alternate winners will be selected, nor unclaimed prizes
awarded.
5. PROCEDURES:
Entries will only be accepted during the Entry Period. On or about September 7, 2009, in a random drawing, potential winners will be selected from all
eligible Entries received. Odds of winning depend on the total number of
eligible Entries received.
6. WINNERS: Potential winners will be notified by email or
text message on or about September 7, 2009. At the sole discretion of the Sponsor,
disqualification, forfeiture and the selection of an alternate winner may
result from any of the following: [1]
potential winner’s failure to respond to notification within three (3) days after
its transmission; [2] the return of
an email notification as undeliverable after three (3) attempts; [3] the return of any other notice or a
prize as undeliverable; [4] potential
winner’s failure to provide Sponsor with satisfactory proof that he/she is the
authorized account holder of the Address or Cell associated with the winning
Entry; [5] potential winner’s
failure to provide Sponsor with satisfactory proof of age, identity and residency; [6] potential
winner’s failure to claim a prize within two (2) days after it is sent; [7] potential winner’s failure to validly claim
any prize before September 10, 2009 and [8] any other non-compliance with Rules.
In the event of a prize forfeiture, the Sponsor may, in its sole discretion,
award or not award the forfeited prize to an alternate winner. All taxes are
solely the responsibility of each winner.
7.
PRIVACY POLICY/DATA COLLECTION: Information provided by you for this
Sweepstakes is subject to Sponsor’s privacy policy located at: http://privacypolicy.umusic.com/
and http://privacypolicy.umusic.com/sms/us-eng/.
8.
CONDITIONS: By entering this Sweepstakes, you agree, represent and
warrant that: [1] you will be bound
by the Rules and the Sponsor’s decisions, which shall be final in all respects;
[2] the Entry becomes solely the
Sponsor’s property and will not be returned; [3] you release and hold harmless the Releasees from any and all
liability for claims, injuries, losses or damages of any kind, including
without limitation, death and bodily injury,
resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use,
misuse, possession, loss or misdirection of any prize; participation in the
Sweepstakes or any Sweepstakes-related activity or travel or from any
interaction with, or downloading of, computer Sweepstakes information; [4]
the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including,
without limitation, any implied warranty of merchantability or fitness for a
particular purpose); [5] any
winner’s acceptance of any prize constitutes the grant to Sponsor and assigns
of an unconditional right to use that winner's name, address (city and state only),
voice, likeness, photograph, biographical and prize information and/or
statements about the promotion for any programming, publicity, advertising and
promotional purposes without additional compensation, except where prohibited
by law; [6] in the event viruses,
bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or
supra-national authority, war, national emergency, accident, fire, riot,
strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable
control, corrupt, prevent or impair the administration,
security, fairness or proper play of the Sweepstakes, so that it cannot be
conducted as originally planned, Sponsor has the right, in its sole discretion,
to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select winners by
such method as Sponsor in its sole discretion shall consider equitable; [7] the Releasees are not responsible for
typographical or other errors in the offer or administration of this
Sweepstakes, including but not limited to: errors in the advertising, Rules, selection and announcement of the
winners and distribution of the prizes; [8]
any portion of any prize not accepted or used by any winner will be
forfeited; [9] the Releasees are not
responsible for any inability of any winner to accept or use any prize (or any
portion thereof) for any reason; [10]
the Sponsor has the right, at any time and at its sole discretion, to
disqualify any individual it suspects to be doing any of the following: (a) tampering or attempting to tamper
with the entry process or the operation of the Sweepstakes; (b) violating the Rules; (c) violating the terms of service,
privacy policy or other terms, conditions of use and/or general rules or
guidelines of any Sweepstakes property or service or (d) acting in an unsportsmanlike or disruptive manner, or with
intent to annoy, abuse, threaten or harass any other person; or for any other
good cause as determined solely by the Sponsor; [11] all disputes, claims and causes of action at law or in equity
(individually, “Claim”) arising out of or relating to this Sweepstakes, the
meaning or interpretation of the Rules or any prize awarded shall be resolved
by applying the laws of California, without regard to conflict of laws
provisions therein, and shall be solely and exclusively brought in the state or
federal courts within that state; [12] Sponsor
has the right to modify prize award procedures at its sole discretion and [13] you are solely responsible for all
fees incurred through your wireless phone service for text messages associated
with participation in this Sweepstakes.
9. RULES
& WINNERS’ LISTS: For list of
winners (after September 10, 2009) and/or Rules (before September 4, 2009), send a
self-addressed, stamped envelope to: GETMUSIC
Sweepstakes,
GETMUSIC (5-19-08) #UMG 36