Win Rock Band 2 And A Playstation 3
WIN ROCK BAND 2 AND PLAYSTATION 3 SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY. ONLY ONE (1) ENTRY PER PERSON WILL BE ACCEPTED DURING THE ENTIRE SWEEPSTAKES. VOID WHERE PROHIBITED.
WIN ROCK BAND 2 AND PLAYSTATION 3 Featured Contest (the “Sweepstakes”) -- begins at 12:01 a.m. Pacific Time on November 17, 2008 and ends at 11:59 p.m. Pacific Time on January 16, 2008. The sponsor of this Sweepstakes is FilterMMM, 5908 Barton Avenue, Los Angeles, CA 90038 (the “Sponsor”)
1. ELIGIBILITY. NO PURCHASE NECESSARY. The Sweepstakes is open to legal residents of the fifty (50) United States, including the District of Columbia, who are 18 years of age or older. All employees of Sponsor, Toyota Motor Sales, U.S.A., Inc. (“TMS/USA”), and each of their respective parent, subsidiary and affiliate companies, distributors, dealers, dealer advertising associations, advertising and promotion agencies and any other agency that provides services in connection with this Sweepstakes, as well as the immediate family (spouse, parents, siblings and children and their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to participate in this Sweepstakes. Furthermore, any entrant who has won a prize from FilterMMM within the last three (3) months is not eligible to participate in this Sweepstakes. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
2. HOW TO ENTER. Entry via the Internet: You may enter the Sweepstakes via the Internet by completing and submitting the information requested on the Sweepstakes page at the url: www.uptheantics.com/contests/. All Internet entries must contain a valid e-mail address. All online entrants must have had Internet access by January 16, 2008. Entry via U.S. Mail: To enter by U.S. Mail, send a stamped 3 x 5 card with your name, address, daytime telephone number, and email address to FilterMMM / ROCK BAND 2 A Sweepstakes, 5908 Barton Avenue, Los Angeles, CA 90038. No copies, facsimiles or mechanical reproductions will be accepted. All mail-in entries must specify the sweepstakes being entered and must be received by FilterMMM by the close of business on November 16, 2008. Prize winners will be selected from a random drawing held on or around November 17, 2008 from all eligible entries received. Sweepstakes Sponsor shall not be responsible for lost or stolen entries. ONLY ONE (1) ENTRY PER PERSON WILL BE ACCEPTED DURING THE ENTIRE SWEEPSTAKES. Sweepstakes entries will be disqualified, in the sole discretion of FilterMMM, if attempts are made to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. If this occurs, FilterMMM reserves the right to remedy any such action, disruption, or circumvention, in a manner determined solely by FilterMMM that is fair and equitable to the eligible Sweepstakes participants.
3. GRAND PRIZE. (1) One Playstation 3 and One Rock Band 2 Game. Total Value: $399.00 USD. The Sweepstakes Prize is not transferable or assignable, and it is not redeemable for cash. The winner is responsible for the payment of any and all taxes and/or licenses and/or other related local, State, and/or Federal fees that may apply to such winnings. Taxes on prizes are the sole responsibility of the winner. Sponsor reserves the right to replace the advertised prize(s) with a prize of equal or greater value if the advertised prize(s) is/are no longer available. Sponsor will not be responsible for replacing any lost or stolen elements of any prize package. All prizes will be awarded. Odds of winning depend on the number of eligible entries received, in accordance with to the eligibility requirements set forth in these Official Rules. Winner will be selected by random drawing on or around January 17, 2008 from among all eligible entries received. Random drawings will be held under the supervision of FilterMMM, whose decisions are final and binding. Winners will be notified by e-mail or telephone, which notification will be determined in the sole discretion of Sponsor. Winners will have up to two (2) business days from the date of attempted notification to respond to the notification. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners. Unless prohibited by law, winners will be required to complete and return an affidavit of eligibility and a publicity/liability release (“Affidavit and Release”) within three (3) business days of responding to the notification. Each winner may also be required to provide FilterMMM with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to return a completed and executed Affidavit and Release as required, an alternate winner may be selected. The acceptance of any prize in the Sweepstakes constitutes permission for Sponsor and TMS/USA to use the winner’s name, photograph, likeness, voice, address (only city and state), and statements/testimonials, for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. If any potential winner is at least eighteen (18) but still considered a minor in his/her jurisdiction of residence, the prize may, at Sponsor’s discretion, be awarded in the name of his/her parent or legal guardian who will be required to fulfill all requirements imposed on the winner as set forth herein.
4. CONDITIONS. The Sponsor reserves the right to modify the rules of the Sweepstakes in any way or at any time. By entering the Sweepstakes, each participant agrees to be bound by these Official Rules and the decisions of FilterMMM, which shall be final. All federal, state, and local laws apply. Sponsor and TMS/USA and their respective employees, officers, directors, shareholders, agents, and representatives and their parent companies, affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; (ii) failed, returned, or misdirected notifications based on inaccurate information provided by the winner on the Sweepstakes entry form; or (iii) telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; (iv) errors in transmission; (v) any condition caused by events beyond the control of FilterMMM that may cause the Sweepstakes to be disrupted or corrupted; (vi) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from participation in the Sweepstakes; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes. Entries become the property of the Sponsor and will not be returned. FilterMMM may prohibit you from participating in the Sweepstakes, if at the sole discretion of FilterMMM, you repeatedly show a disregard for the these Sweepstakes’ Official Rules, or act (1) in an unsportsmanlike manner; (2) with an intent to annoy, abuse, threaten, or harass any other player or a representative of any Sponsor; or (3) in any other disruptive manner. Computer entries will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of 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.
5. INDEMNIFICATION, RELEASE, AND DISCLAIMER. As noted above, by entering this Sweepstakes, each entrant (or, if an eligible minor, his/her parent or legal guardian) agrees and acknowledges to be bound by these Official Rules, as well as by all decisions of FilterMMM which are final and binding in all respects, and entrant waives any rights to claim ambiguity with the Official Rules.
Each entrant (or, if an eligible minor, his/her parent or legal guardian) further agrees to indemnify, release and hold harmless FilterMMM, TMS/USA, and their respective parents, subsidiaries, affiliates, distributors, dealers, dealer advertising associations, advertising and promotions agencies, prize suppliers and any other agency that provides services in connection with this Sweepstakes, and each of their respective officers, directors, employees, representatives, contractors and agents and successors and assigns (collectively, the “Released Parties”) from and against any and all rights, claims and causes of action whatsoever that an entrant may have, or which may arise, for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss or damage, whether direct, compensatory, incidental or consequential, to any person, including death and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize in the Sweepstakes or the respective entrant’s participation in the Sweepstakes. EACH WINNER ALSO FURTHER ACKNOWLEDGES THAT THE RELEASED PARTIES HAVE NEITHER MADE, NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE OR THE SWEEPSTAKES.
Furthermore, each entrant shall indemnify and release the Released Parties for any potential responsibility and/or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: the respective entrant’s participation in this Sweepstakes (including, but not limited to, any prize which may be awarded to the entrant in the Sweepstakes); human error; incorrect or inaccurate transcription of entry information; acceptance/possession and/or use/misuse of any prize awarded herein, any technical malfunctions of a computer online system, computer dating mechanism, computer equipment, software, internet service provider; interruption or inability to access the url: www.uptheantics.com, or any online service via the internet due to hardware or software compatibility problems; any damage to the entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes; any lost/delayed/duplicate/multiple data transmissions, omissions, interruptions, defects and/or any other errors or malfunctions, even if caused by the negligence of any of the Released Parties.
Each entrant further agrees that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Sweepstakes, he/she will indemnify the Released Parties from any and all such claims, including the attorneys' fees related thereto. The Released Parties shall not be liable for entries and winner notification responses that are delayed, lost, misdirected, mis-delivered, marked postage-due, illegible, mutilated, incorrect or incomplete, and such entries will be not be eligible for this Sweepstakes.
6. DISPUTES: Each entrant to the Sweepstakes agrees that (a) any and all disputes, claims, and causes of action arising out of, or connected with, this Sweepstakes (including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that these Official Rules (or any part thereof) are invalid, illegal, or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in Los Angeles, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) any and all claims, judgments, liabilities, and/or awards shall be limited to actual out-of-pocket costs incurred in participating in the Sweepstakes, and in no event will entrant be entitled to receive attorneys’ fees or other legal costs; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives, all rights to claim, punitive, special, incidental, and/or consequential damages and any other damages, other than actual out-of-pocket expenses incurred in participating in the Sweepstakes. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any entrant seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of this Sweepstakes in any way.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
7. WINNER’S LIST: For an Official Winners List or a copy of these Official Rules, send a self-addressed, stamped envelope (WA and VT residents need not affix postage) ROCK BAND 2 Sweepstakes, c/o FilterMMM 5908 Barton Avenue, Los Angeles, CA 90038. Winner’s List requests must be received within six (6) months of completion of the Sweepstakes. Replies to Winner’s List requests will be sent after the completion of the Sweepstakes.