OFFICIAL
RULES:
THIS
SWEEPSTAKES IS OFFERED ONLY TO LEGAL RESIDENTS OF THE
UNITED STATES (EXCLUDING PUERTO RICO) WHO ARE LOCATED
IN THE UNITED STATES (EXCLUDING PUERTO RICO) AT THE TIME
OF ENTRY.
"RIFTrock.com/Shinedown
Xbox 360" Sweepstakes 2005 Official Rules.
NO
PURCHASE NECESSARY. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1.
The "RIFTrock.com/Shinedown Xbox 360" Sweepstakes
(the "Sweepstakes") begins 12:00 p.m. Eastern
Standard Time ("EST") Monday, October 3rd and
ends 11:59 a.m. EST on Sunday December 3rd ("Sweepstakes
Period").
2.
Eligibility: Sweepstakes is offered only in the United
States to legal residents of the 50 United States (and
the District of Columbia) excluding Puerto Rico, who are
at least 18 years old at time of entry and who had online
access on or before Sunday, October 2nd. Employees, officers,
directors and agents of RIFTrock.com, and their respective
parents, affiliated and subsidiary companies, advertising
and promotional agencies, web masters and web suppliers
and the immediate family (spouse, mother, father, sister,
brother, ward, daughter or son) or members of the households
of each (whether or not related) are not eligible.
3.
Entry: There are two ways to enter the Sweepstakes.
(a) "Register" Method: To enter, log on during
the Sweepstakes Period to RIFTrock.com or participating
promotional partner and fan sites (individually and collectively,
the "Web Site") and click on links to the "
RIFTrock.com/Shinedown Xbox 360" Sweepstakes. Complete
the Official Registration Form (registration is free).
If you have received an invitation by email to participate
in this Sweepstakes, open the invitation by clicking on
the link, banner or URL located in the invitation. Complete
the Official Registration Form. Limit one (1) entry per
person and per email address.
(b)
For All Entries: All entries must be sent electronically
by 11:59:59 pm EST on Thursday, November 3rd and received
by 11:59:59 pm EST on Friday, November 4th. Any attempt
at entry except as above stated is void. Entries, Registration
Forms and referral forms become the property of Sponsor
and will not be returned. Sponsor's computer will be the
official clock of the Sweepstakes.
4.
Winner Selection: One (1) winner will be selected by random
drawing from among all eligible entries received on or
about Monday, November 7th. Odds of winning will depend
on the total number of eligible entries received during
the sweepstakes period. Drawings will be conducted by
RiftRock.com, the judge of the Sweepstakes, whose decisions
on all matters related to these Official Rules shall be
final and binding.
5.
Prize: (1) Xbox 360 ARV: $300 No substitution, or transfer
is permitted, except by Sponsor. Any and all taxes on
a prize, and any other costs, fees, and expenses not explicitly
stated herein, are the sole responsibility of the prize
recipient. Prize will be awarded. If the prize is won
by a minor, it will be awarded in the minor's behalf to
the winner's parent or legal guardian who must sign all
required releases.
6.
Winner Notification/Releases: Winner will be notified
either by email, telephone, and/or mail (or overnight
or certified mail). Each selected winner will have 72
hours from the moment such notification is issued to respond
to such notification by following the instructions provided
therein. If a potential winner timely responds to such
notification, the potential winner (or the potential winner's
parent or legal guardian if the potential winner is a
minor) will be required to sign, notarize and return an
Affidavit Of Eligibility/Liability And Publicity Release
within fifteen (15) days of the date of notification or
prize will be forfeited and an alternate winner selected.
Return of any prize notification as undeliverable will
result in disqualification and selection of an alternate
winner. If a potential winner does not reply to the notification
within 72 hours 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 selected, at Sponsor's discretion, in a
second chance drawing of all eligible entries received
during the Sweepstakes Period. By entering, entrants agree
(i) to be bound by these Official Rules and Sponsor's
Privacy Policy; (ii) that the decision of the judges are
final and binding on all matters relating to the Sweepstakes;
(iii) to be contacted by Sponsor by email, telephone or
mail; and (iv) to release and hold harmless Sponsor, their
respective parents, subsidiaries, affiliates, distributors,
suppliers and advertising, promotional and judging organizations
and each of their respective employees, officers, directors,
shareholders and agents (collectively, the "Releasees")
from and against any and all liability for injuries and/or
damages (including death) sustained in connection with
use and/or misuse of a prize or related to participation
in the Sweepstakes. Except if a winner is a resident of
TN and where prohibited by law, by accepting a prize,
the winner consents to the use of his or her name, voice,
picture or other likeness for advertising, promotional
and other purposes in any media as determined by Sponsor
without further approval or compensation.
Sponsor reserves the right, at its sole discretion, to
disqualify any individual it finds to be tampering with
the entry process or the operation of the Sweepstakes
or the Web Site or any web site related to the Sweepstakes;
to be acting in violation of the Official Rules; or to
be acting in a non-sportsmanlike or disruptive manner,
or with intent to annoy, abuse, threaten or harass any
other person. Any use of robotic, macro, automatic, programmed
or the like entry methods will void all such entries by
such methods. In the event of a dispute as to entries
submitted by multiple users having the same email account,
the authorized subscriber of the email account used to
enter the Sweepstakes at the actual time of registration
will be deemed to be the entrant and must comply with
these rules. Authorized account subscriber is deemed to
be the natural person who is assigned an email address
by an Internet access provider, on-line service provider
or other organization, which is responsible for assigning
email addresses for the domain associated with the submitted
email address. Potential winner may be required to provide
the Sponsor with proof that the potential winner is the
authorized account holder of the email address associated
with the potentially winning entry. Sponsor may prosecute
any fraudulent activities to the full extent of the law.
All federal, state and local laws and regulations apply.
7.
Limitations of Liability: The Releasees are not responsible
for any lost, late, illegible, misdirected, mutilated,
incomplete, incorrect or inaccurate entries or entry information,
whether caused by web site users or by any of the equipment,
computer hardware or software or any other technical operation
or programming associated with or utilized in the Sweepstakes,
and the Releasees assume no responsibility for any error,
omission, interruption, deletion, defect, or delay in
operation or transmission at the Web Site or any web site
related to the Sweepstakes, or for communications line
failure, or for theft or destruction, tampering, or unauthorized
access to entries and/or entry information. If, for any
reason, the Sweepstakes is not capable of running as planned
by reason of infection by computer virus, bugs, worms,
tampering, unauthorized intervention, fraud, tampering,
technical failures, or any other causes beyond the control
of Sponsor which, in the sole opinion of Sponsor corrupt
or affect the administration, security, fairness, integrity
or proper conduct of this Sweepstakes, Sponsor reserve
the right at their sole discretion to void suspect entries
and/or to cancel, terminate, modify or suspend the Sweepstakes
and select the winner from among all eligible entries
received prior to such cancellation, termination or suspension.
IN NO EVENT WILL THE RELEASEES BE RESPONSIBLE OR LIABLE
FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF YOUR ACCESS TO AND USE OF THE INTERNET
SITES www.RiftRock.com OR THE DOWNLOADING FROM AND/OR
PRINTING MATERIAL DOWNLOADED FROM SAID SITES.
8.
Arbitration/Choice of Law: Except where prohibited, entrants
agree that (i): any and all disputes, claims, and causes
of action arising out of or connected with this Sweepstakes,
or any prize awarded, or the determination of the winner
shall be resolved individually, without resort to any
form of class action (ii) any and all claims, judgments
and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this
Sweepstakes but in no event attorney's fees; and (iii)
under no circumstances will entrant be permitted to obtain
awards for and entrant hereby waives all rights to claim
punitive, incidental and consequential damages and any
other damages, other than for actual out-of-pocket expenses,
and any and all rights to have damages multiplied or otherwise
increased. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of entrant and Releasees
in connection with the Sweepstakes, shall be governed
by, and construed in accordance with, the laws of the
State of New York, U.S.A., without regard for conflicts
of law doctrine, and all proceedings shall take place
in that State, in the County of New York.