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QUEENSRYCHE HOME AGAIN VIDEO CONTEST
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. “QUEENSRYCHE HOME AGAIN VIDEO” contest (“Contest”) and these official rules are governed, construed and interpreted under the laws of the United States. This Contest is sponsored and administered by Rhino Entertainment Company, a Warner Music Group Company (“RHINO”). Open and offered only to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age and older (or for residents of Alabama and Nebraska, 19 years of age or older) at time of entry. Employees and their immediate families of RHINO and their respective Internet, product and service providers, and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising and promotion agencies (collectively, the “Contest Entities”) are not eligible to enter this Contest. All federal, state, local laws and regulations apply. Void outside of the US and DC, and where prohibited, taxed, licensed or restricted by law.
CONTEST PERIOD. This Contest will run from 12:00 p.m. Pacific Standard Time (PST) on July 14, 2009 until 12:00 a.m. (PST) on August 2, 2009, (the “Contest Period”). Participants agree to be bound by these official rules and the final decision of RHINO.
HOW TO ENTER. Enter on-line only by emailing your photographs to http://americansoldieralbum.com/homeagain during the Contest Period. Follow the on-screen instructions and enter your contact information. You will be prompted to input, in the spaces provided, your first name, last name, street address (no P.O. Box numbers accepted), city, state, zip code, email address, and telephone number.
SELECTED PHOTOGRAPHS. Photographs will be selected from all eligible entries. All entries and their content become property of RHINO and will not be acknowledged or returned. RHINO shall have a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), transmit, publicly display and publicly perform all submitted entries, in any media now known or hereafter developed, for the purposes described herein.
RHINO will award one (1) Grand Prize. If a prospective prizewinner is found ineligible or fails to comply with the official rules, his/her claim to a prize is forfeited and an alternate photograph will be selected.
PRIZE. One (1) Grand Prize Winner. Grand Prize Winner will receive one (1) Esp Ltd Michael Wilton Signature Series Guitar, and their photograph will be featured in the “Home Again” music video. The Approximate Retail Value (“ARV”) of the Grand Prize is $599.00. Any difference between stated “ARV” and actual value of the Grand Prize will not be awarded.
Runner-Up Winners will be featured in the “Home Again” music video. There is no maximum or minimum amount of photographs that Rhino is obligated to select to appear in said music video.
All winners will be chosen by Rhino, in its sole discretion.
WINNERS ARE RESPONSIBLE FOR ALL TAXES, FEES, SURCHARGES, INSURANCE AND OTHER EXPENSES NOT EXPRESSLY LISTED ABOVE.
The potential prizewinners will be notified by email at the email address provided with the entry form on or around August 2, 2009. Prize will not be fulfilled outside the 50 United States and District of Columbia.
Prizewinners will be required to execute an Affidavit of Eligibility, where lawful, which must be returned within two (2) days of attempted prize notification, along with a photograph license agreement ensuring that Rhino’s use of the photograph for the purposes stated herein shall not violate any law or infringe upon or violate the rights of any person (including, without limitation, contractual rights, copyrights, rights of publicity and rights of privacy).
There is no cash or other substitution for the Grand Prize Winner or portion thereof, except due to unavailability for any reason, in which case a prize of equal or greater value will be awarded at the sole discretion of RHINO. The Grand Prize is not transferable, assignable or redeemable for cash. Grand Prizewinner will be fully responsible for any and all federal, state and local taxes.
GENERAL CONDITIONS. RHINO, its Internet, product and service providers and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors and advertising and promotion agencies make no warranties, express or implied.
Privacy Statement. Your personal information, in conjunction with this Contest, will be utilized for the purpose of selecting photographs to be featured in the “Home Again” music video and as set forth on www.rhino.com’s privacy statement. Unless otherwise authorized by you, your information will not be sold, rented or given to any other third party. For additional information, please consult the Privacy Policy Information link on the Rhino home page http://www.rhino.com/privacy/index.lasso.
Notwithstanding the privacy statement and policy, if selected as a prize winner, prize winner agrees, except where prohibited, to grant RHINO and its parent companies, subsidiaries, franchisees, affiliates, licensees and agents to use his/her name, entry contents, visual and audio likeness, biographical data and statements for any purpose, including but not limited to any commercial or publicity purpose, in perpetuity and throughout the universe, in any and all media now known or hereafter devised, without further notice, review, approval, or additional compensation or consideration.
LIMITATIONS OF LIABILITY. By entering, participants, their agents, assigns and successors release and shall hold harmless the Contest Entities from any and all liability for any costs or expenses resulting from entry in the Contest or any Contest-related activity and from any and all liability for any injuries, losses or damages of any kind to persons, including death, or property caused by any prize or resulting in whole or in part, directly or indirectly, from acceptance, possession, quality, use or misuse of any prize, or any portion of the prize, or parts thereof; or participation in this Contest or any Contest-related activity; or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize; and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
The Contest Entities are not responsible for any kind of computer transmission, electronic, hardware, internet, software, network, servers or providers, technical, satellite, cable or telephone interruption, unavailability, malfunctions, or failures; or for any virus, worms or bugs; or for unauthorized access to, or alteration of entries; or for jumbled, scrambled, delayed, or misdirected transmissions; or for any damaged, destroyed, delayed, garbled, illegible, incomplete, unintelligible, late, lost, misaddressed, misdirected, non-delivered or stolen entries; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information; or for any other errors of any kind, whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of the Contest or Web site, as solely determined by RHINO, will be disqualified, and RHINO reserves the right to terminate such entrant’s eligibility. Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. The Contest Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Contest or downloading materials from the Web site or uploading Video Submissions. Without limiting the release provided above, and for greater certainty, RHINO and its agencies will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, or by any error, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized use of or access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses, worms or bugs; (d) any failure of any message to be received by or from RHINO for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant’s or other person’s system or equipment occasioned by participation in this Contest. In addition, RHINO is not responsible if the Contest cannot take place or if any prize cannot be awarded due to acts of God, acts of war, natural disasters, weather or acts of terrorism. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the e-mail account used at the time of entry. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account subscriber.
IN NO EVENT WILL THE CONTEST ENTITIES 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 WEB SITE OR DOWNLOADING FROM, UPLOADING TO, AND/OR PRINTING MATERIAL DOWNLOADED FROM CONTEST WEB SITE OR ANY OTHER WEB SITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Participant agrees that by entering this Contest, the Contest Entities may seek damages from participant if participant deliberately damages the Contest Web site or any other Web site in conjunction with participant’s partaking in this Contest or if participant interferes with the legitimate operation of this Contest, in violation of civil or criminal law.
If, in RHINO’s exclusive judgment, this Contest becomes compromised in any way by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of RHINO, corrupt or impair the administration, security, fairness or proper play, or submission of entries, RHINO reserves the right to modify or withdraw the Contest offer, cancel any method of entry and/or select the prize winners from all eligible entries received prior to the action taken.
DISPUTES. THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles County, California, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including reasonable attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
COPY OF OFFICIAL RULES. For a printed copy of the Official Rules or a Winners List, send a self-addressed, stamped envelope, to “Queensryche Home Again Video” Contest Rules or Winners List (indicate which), Attn: Business Affairs, 3400 W. Olive Avenue, 5th Floor, Burbank, CA 91505. Winners List replies will be sent after completion of the Contest.
CONTEST SPONSOR. The Contest sponsor is: Rhino Entertainment Company, a Warner Music Group Company, 3400 W. Olive Avenue, Burbank, CA 91505.