The Rush MVI Survey Sweepstakes (the "Sweepstakes") is
sponsored by Warner Music Inc., 75 Rockefeller Plaza, 30th Floor, New York, NY
10019 (the "Sponsor") in connection with the Rush MVI survey
web site located at http://surveys.svc.wmg.com/rushmvi/
(the "Survey Site"). BY PARTICIPATING IN THE SWEEPSTAKES, YOU
(A) AGREE TO ABIDE BY THESE OFFICIAL RULES AND BY ALL DECISIONS OF SPONSOR AND
ITS DESIGNEE(S) (WHICH SHALL BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING
WITHOUT LIMITATION DECISIONS REGARDING ELIGIBILITY, WINNERS, AND THE
INTERPRETATION OF THESE OFFICIAL RULES, AND (B) REPRESENT AND WARRANT THAT ALL
INFORMATION YOU PROVIDE IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE,
AND COMPLETE.
1. SWEEPSTAKES PERIOD. The Sweepstakes begins on
June 26, 2007 at 12:00 a.m. Eastern Time ("ET") (the
"Start Date"), and ends on September 3, 2007 at 11:59 p.m. ET
(the "End Date") (such period, the "Sweepstakes Period").
2. ELIGIBILITY. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR
WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF
WINNING. The Sweepstakes is open to
any individual who is, as of the Start Date, (A) a legal resident of one of the
fifty (50) United States or the District of Columbia (excluding Puerto Rico,
U.S. Virgin Islands, and all other United States territories) (the "Eligibility
Area") and (B) 18 years old or older. VOID OUTSIDE OF THE ELIGIBILITY
AREA AND WHERE OTHERWISE PROHIBITED BY LAW (certain states may impose
additional eligibility restrictions). Misrepresentation of age, upon discovery
by Sponsor, will disqualify the applicable participant. Employees, officers,
directors, shareholders, agents, and representatives of Sponsor and its
affiliates (including without limitation its labels and artists, subsidiaries,
licensors, and advertising and promotional agencies) (the foregoing entities,
collectively with Sponsor, the "Sweepstakes Entities"), and
the immediate family members and members of the same households of any such
employees, officers, directors, shareholders, agents, and representatives, are
not eligible to participate in the Sweepstakes or to win any prize. Sponsor
reserves the right, at any time and in its sole discretion, to refuse to allow
any individual to participate or continue to participate in the Sweepstakes, or
to disqualify any individual it suspects to be tampering with the entry process
or the operation of the Sweepstakes or the Survey Site; to be in violation of
any terms and conditions governing the use of the Survey Site or any privacy
policy governing the submission of information through the Survey Site; to be
in violation of these Official Rules; to be acting in bad faith, or in a
non-sportsmanlike or disruptive manner; or to be annoying, abusing,
threatening, or harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE
THE SURVEY SITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE
SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND
CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK
REMEDIES AND DAMAGES FROM ANY RESPONSIBLE PARTICIPANT(S) TO THE FULLEST EXTENT
PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
3. ENTRY. You may enter the Sweepstakes in one of two ways: by
completing the online Rush MVI survey, or by mail.
A.
ENTER BY COMPLETING THE ONLINE RUSH MVI SURVEY. To enter the Sweepstakes online, please click the
"Feedback " button from your
Rush MVI disc or follow the link from your Rush MVI disc registration
confirmation email to visit the Survey Site; complete all fields of the Rush
MVI survey found at the Survey Site; and click the "Send It Now!" button at the bottom of the survey. Online
entries must be received by Sponsor before the end of the Sweepstakes Period to
be deemed eligible; online entries received by Sponsor after the end of the
Sweepstakes Period will be discarded and deemed VOID. In the event of a dispute
as to the identity of the individual who submitted an online entry, the
individual who, in Sponsor's sole discretion, was at the time of entry the
registered subscriber/holder of the email account used to enter the
Sweepstakes, will be deemed the eligible entrant.
B. ENTER BY MAIL. To enter the Sweepstakes by
mail, hand-print your first and last name, physical mail address, telephone
number and email address on a 3"x5" card, and mail your card in a
stamped first-class envelope to: RUSH MVI
SURVEY SWEEPSTAKES, c/o Warner Music Inc., 75 Rockefeller Plaza, 13th
floor, New York, NY 10019. Mail-in entries must be postmarked on or before the
End Date and received at the foregoing address on or before September 10,
2007 in order to be deemed eligible; mail-in entries postmarked after the End
Date or received after September 10, 2007 will be discarded and deemed
VOID. No metered mail or copied, faxed, or mechanically or otherwise
mass-reproduced mail-in entries will be accepted.
C. GENERAL. LIMIT ONE (1) ENTRY PER PERSON DURING THE
SWEEPSTAKES PERIOD, REGARDLESS OF ENTRY METHOD. Duplicate entries, upon
discovery by Sponsor, will be discarded and deemed VOID. Any attempt to enter the Sweepstakes
more than once, for example, by using multiple/different email addresses,
identities, surveys or registrations, or by any other means, may void all such
participant's entries, and such participant may be disqualified. No changes to
any entry materials or information will be permitted once submitted. Any
entries that fail to fulfill all eligibility criteria and other requirements
set forth in these Official Rules may, upon Sponsor's discovery of such
failure, be subject to disqualification from the Sweepstakes and may not be
entered into the Sweepstakes. No responsibility is assumed by Sponsor for lost,
late, incomplete, illegible, inaccessible, corrupted, or otherwise unusable
entries; any computer, telephone, cable, network, satellite, server, service
provider, electronic or Internet hardware or software malfunctions, failures,
connections, or availability; garbled or jumbled files or transmissions;
service provider, Internet, web site, or software inaccessibility or
unavailability (including any inaccessibility or unavailability of the Survey
Site); Internet traffic congestion; or unauthorized intervention. Throughout
the Sweepstakes Period, Sponsor shall have the right to take whatever actions
Sponsor deems necessary or appropriate in its sole discretion to protect the
Sweepstakes Entities and the operation of the Sweepstakes, including without
limitation the disqualification of entrant(s). All entries become the property
of Sponsor and will not be acknowledged or returned. ODDS OF WINNING ARE
DETERMINED BY AND DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED, AND
ARE EQUAL REGARDLESS OF ENTRY METHOD.
4. SELECTING THE
WINNER. On or
around September 13, 2007, one (1) Sweepstakes winner (the "Winner")
will be selected at random by Sponsor or its designee from among all eligible
Sweepstakes entries received during the Sweepstakes Period. Sponsor or its
designee will use commercially reasonable efforts to contact the Winner by
email or telephone within seven (7) days after the date of selection.
Inability of Sponsor to contact Winner, or return of any Sweepstakes
notification as "undeliverable" for any reason, may result in
disqualification of such Winner and selection of an alternative Winner from
among all remaining eligible entries. Winner will be required by Sponsor to
confirm his or her physical mail address and to execute and return to Sponsor
an Affidavit of Eligibility and a Liability/Publicity Release (the "Affidavit/Release")
and/or a completed IRS W-9 form within ten (10) days following Sponsor's
notification. (Any Winner who is under 21 years of age may, in Sponsor's
discretion, be required by Sponsor to have a parent or legal guardian execute
his or her Affidavit/Release as well.) Noncompliance with any of the foregoing
requirements, or the inability or unavailability of Winner to provide his or
her physical mail address, complete his or her Affidavit/Release or accept a
prize for any reason, may result in disqualification of Winner and selection of
an alternative Winner from among all remaining eligible entries. NO ENTRANT
WILL BE DEEMED TO BE A WINNER, OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL
(A) SUCH ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED BY SPONSOR IN ITS
DISCRETION, (B) ENTRANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS
COMPLETE, AND (C) ENTRANT HAS COMPLIED WITH ANY SPONSOR REQUIREMENTS.
5. PRIZE. The finally-determined Winner will
be awarded the following prize (the "Prize"): a Fender Geddy
Lee Jazz Bass, along with a lithograph signed by Rush. Approximate Retail Value
(ARV) of Prize: US$1,500.00. 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. Specifics of the Prize
are in Sponsor's sole discretion. Prize may not be endorsed, transferred,
substituted or redeemed for cash, except that Sponsor reserves the right in its
sole discretion to substitute the Prize with either its cash value or a prize
or prizes of equal or greater value if (A) the Prize is unavailable or (B) Winner
is ineligible to receive, accept, or assume responsibility for the Prize for
any reason. In the event that Winner is unable to comply with the terms and
conditions set forth in these Official Rules, Sponsor reserves the right to
deem such individual ineligible and to select a new Winner from among all
remaining eligible entries.
6. MISCELLANEOUS.
A. GENERAL; LICENSE. All federal, state, and local laws
and regulations apply to this Sweepstakes. Sponsor's failure to enforce any
provision of these Official Rules shall not constitute a waiver of such
provision. Where permitted by law the Winner 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, agrees to 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, the Winner will provide written consent to the foregoing uses.
B. DISCLAIMER AND LIMITATION OF
LIABILITY. The
Sweepstakes Entities make no warranties, and hereby disclaim any and all
warranties, express or implied, concerning the Prize or any other prize
furnished in connection with the Sweepstakes. The Sweepstakes Entities are not
responsible for any incorrect or inaccurate information 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 Survey 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 Survey Site or any entries. Although Sponsor attempts to ensure
the integrity of the Sweepstakes, participants acknowledge that Sponsor is not
responsible for the actions of participants in connection with the Sweepstakes,
including participants' 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 any other person's computer, other equipment, or person in
connection with participation in the Sweepstakes or use of the Survey 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 SURVEY SITE, THE USE OF MATERIALS FROM THE SURVEY
SITE, SPONSOR'S OR ANY THIRD PARTY'S REMOVAL FROM THE SURVEY SITE OF OR
DISCONTINUATION OF ACCESS TO ANY 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 SURVEY 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 ENTERING THE SWEEPSTAKES, ENTRANT
(A) RELEASES AND HOLDS SPONSOR 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, 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 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 SWEEPSTAKES, INCLUDING WITHOUT LIMITATION CLAIMS CONCERNING
THE INFRINGEMENT UPON OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR OTHER
RIGHTS.
E. 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 in connection with this Sweepstakes, you
irrevocably agree to personal jurisdiction by the federal and state courts
located in the Borough of Manhattan 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 incurred in participating in the Sweepstakes), and you further
irrevocably waive all rights to have damages multiplied or increased. YOU AGREE
THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO YOUR ENTRY OR
OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED.
F. PRIVACY. Information submitted in connection
with the Sweepstakes will be treated in accordance with these Official Rules
and further as follows: information submitted through the Survey Site will be
governed by the Sponsor privacy policy located at http://www.wmg.com/privacy/wmg,
provided that in the event of any conflict between these Official Rules and
such privacy policy, the terms and conditions of these Official Rules shall
prevail. Specifically and without limitation, Sponsor reserves the right
to communicate with any entrant about his or her entry and/or the results
of the Sweepstakes, and because of the potential critical nature of such
communications to the operation of the Sweepstakes, entrant will not be
permitted to "opt out" of receiving such communications.
G. HEADINGS AND INTERPRETATION. 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. In the event of any conflict between any information
regarding the Sweepstakes that is provided (i) through these Official
Rules or (ii) through means other than these Official Rules (for example,
through a "F.A.Q." on the Survey Site, through email, or through an
advertisement), these Official Rules shall govern.
H. 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 intended 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 Survey Site or the Sweepstakes.
I. WINNERS LIST. For the name of the Winner
(available on or around September 14, 2007), please send a self-addressed
stamped envelope to Rush MVI Survey
Sweepstakes — Winners List, c/o Warner Music Group, 75 Rockefeller Plaza,
30th Floor, New York, NY 10019. Such requests must be postmarked no later than
September 30, 2007.
These Official Rules
©2007 Warner Music Inc. All rights reserved.