Sweepstakes Ticket Giveaway Official Rules
Sponsored by 11-7 Recording Corp. DBA Eleven Seven Music ("Sponsor")
1. Eligibility: The Ticket Giveaway Sweepstakes (the “Sweepstakes”) is open to legal residents of the U.S. (excluding New York, Florida, Rhode Island and Puerto Rico), eighteen (18) or older, as of the date of entry, who have an active e-mail account and Internet access as of the beginning of the Sweepstakes period. Employees of Sponsors and their respective parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsors through an outsourcer or temporary employment agency during the Sweepstakes period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”). VOID WHERE PROHIBITED.
2. To Enter: You may enter the Sweepstakes in one of two ways:
1. To enter online, select the Sweepstakes link from [Sponsor’s] ToneDen page, available at https://www.toneden.io/eleven-seven-music/post/ticket-giveaway, between Thursday, March 15th 2018, and Friday, March 30th 2018. [Fill out the entry form in its entirety, follow the directions for submitting [describe entry requirements, if any] and click on the button to submit the form].
2. To enter via email, send an email to firstname.lastname@example.org.
No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. [Only one entry per person, household and/or e-mail address is permitted, regardless of method of entry. Entrants submitting multiple entries or violating any of these Official Rules may be disqualified.]
3. Prize Drawing: All Sweepstakes entries meeting the requirements of these Official Rules will be entered into the prize drawing. The drawing will be conducted either by independent persons or a computer program that randomly chooses the winner, from all eligible entries received and the random selection is final and binding. The winner(s) will be selected at random from among all eligible entries received.
4. Prizes and Odds: The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of Sponsors for a prize of equal or greater value. Sponsors will not replace any lost or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes.
5. Prizes: 3 Grand Prize Winners will be awarded a set of 2 tickets to a future Five Finger Death Punch show; PRIZES DO NOT INCLUDE TRAVEL. WINNERS REQUIRED TO PROVIDE AND PAY FOR THEIR OWN TRAVEL ARRANGEMENTS. No prize substitutions or cash equivalents are allowed, except at the sole discretion of the Sponsor and its Agents. The Prizes will be personal to the Winners and may not be transferred. All applicable federal, state, and local taxes associated with the awarding of any Prizes are the sole responsibility of the Winners.
6. Notification of Winners: Winners will be notified by e-mail by the Sponsor within [fourteen (14)] business days of the prize drawing, and may be required to sign and return an affidavit of eligibility and publicity/liability release within [seven (7)] days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable an affidavit of eligibility and publicity/liability release is not timely received, is incomplete or modified, the prize may be forfeited and an alternate winner selected from remaining valid, eligible entries timely submitted. In the event of a dispute regarding who submitted an entry, the entry will be deemed submitted by the authorized account holder of the e-mail account specified in the entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. No automatically generated entries will be accepted.
7. General Rules: By entering the Sweepstakes, you agree to be bound by these Official Rules. The Sweepstakes is offered by Sponsor, 38 West 21st Street, Suite 300, New York, NY 10019, which is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
By entering the Sweepstakes, you agree to release, indemnify, defend and hold Sponsors and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Sweepstakes, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Sweepstakes or acceptance or use of a prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsor’s control that may cause the Sweepstakes to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes; and (iii) any printing or typographical errors in any materials associated with the Sweepstakes. Sponsor’s decisions in all respects relative to the Sweepstakes are final.
IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE SWEEPSTAKES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. Additional Conditions: Except where prohibited, by [participating in the Sweepstakes and/or] winning any prize, [entrant/winner] consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to [entrant/winner] (if true) for advertising and promotional purposes, including without limitation, inclusion in Sponsor’s newsletters and the Sweepstakes website at https://www.toneden.io/eleven-seven-music/post/ticket-giveaway, without additional compensation. All entries become property of Sponsor and none will be acknowledged or returned. Allow 6-8 weeks for delivery of prizes.
Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Sweepstakes are compromised, without liability to the entrant. Sponsor reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. The Sweepstakes are subject to these Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Sweepstakes is void where prohibited or restricted by law. By participating in these Sweepstakes, you acknowledge that you have read these official Rules and agree to abide by them and by the decisions of Sponsors, which are final and binding on all matters pertaining to the Sweepstakes. All applicable federal, state and local laws and regulations apply. The Promotion is governed by laws of the state of New York and all claims must be resolved in the city and state of New York. You further agree that any and all disputes, claims and causes of action arising out of or connected with this Promotion or awarded Prizes shall be resolved individually without resort to any form of class action, and exclusively by the United States District Court for the for the Southern District of New York. Should any of the provisions of the Official Promotion Rules be found to be invalid or unenforceable by any court of competent jurisdiction, that portion shall be deemed severed or restricted and the remainder of the Official Promotion Rules shall remain in full force and effect. The failure of Sponsor and its Agents to enforce any term of these Official Rules shall not constitute a waiver of that provision.