The “Hit Me with Music” Sweepstakes
Rules and Regulations
Click Here for the Privacy
Policy
1.
NO PURCHASE OR PAYMENT NECESSARY TO
ENTER OR WIN THIS SWEEPSTAKES: The “Hit Me With Music” Sweepstakes (the “Sweepstakes”)
is sponsored by Island Outpost, LLC, having its principal place of business at
(a) Method of Entry: To enter the Sweepstakes online, visit the Sweepstakes at http://www.IslandOutpost.com/hitmewithmusic
(the
“Sweepstakes Site”) during the Entry
Period. All of the Sweepstakes information will be posted at the Sweepstakes
Site throughout the Sweepstakes. To be eligible to participate, each entrant
will be asked to submit an official entry form, which may include, among other
things, his/her name, address, e-mail address, age and related registration
information as prompted (the "Official
Entry Form"). A random drawing of the Winner will take place on
2.
ELIGIBILITY: This Sweepstakes is open to any individual who is, as of
the beginning of the Entry Period (a) a legal resident of the continental U.S.
(excluding Alaska, Hawaii, Rhode Island, Guam, Puerto Rico, and all other U.S.
territories and possessions) (the “Eligibility
Area”); (b) 18 years of age or older at the date of entry; and (c) has
access to the internet. Employees,
officers, directors and agents (and their immediate families and household
members regardless of where they live, or members of the same households
(whether related or not) Ticketmaster, Los Angeles Philharmonic and Island
Outpost LLC, and their respective
divisions, affiliates, subsidiaries, agents and advertising agencies
(collectively, the “Sweepstakes Providers”),
are not eligible to participate in the Sweepstakes or to win any prize. VOID
OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All
federal, state and local laws and regulations apply.
3.
PRIZE: One (1) winner will receive two round trip airline tickets
on Air Jamaica from Los Angeles to Montego Bay Jamaica; round trip ground
transportation to-and-from the airport in Jamaica to the Island Outpost resort
selected by the winner; choice of one of the four Island Outpost resort locations
(to include The Caves, Jakes, Strawberry Hill, or Golden Eye) for three (3)
nights and four (4) days on double occupancy; all extras and any incidentals
are the winners responsibility. Travel booking window is through December
10th 2004, subject to availability, and travel window is through
December 10th 2005. Blockout periods include holidays and travel
peak periods. Winner is responsible for transportation to-and-from home airport.
Winner must fly from Los Angeles (LAX) Airport. Winner will be responsible
for getting to the gateway airport on his or her own. Approximate
retail value of the trip is valued at $3,000.00. The prize listed above is subject to certain restrictions and qualifications
of the Sweepstakes Providers. Except where otherwise expressly noted in these Official Rules, the selection
of all vendors, prizes, products and services is subject to the Sweepstakes
Providers’ sole and absolute discretion. Prizes (and/or any potion thereof)
are nontransferable and non-exchangeable. No substitutions or cash redemption
of prizes are permitted. Additional
restrictions may apply. All prizes will be awarded.
4.
PRIZE
DRAWING: The potential
Prize Winner will be selected in a random drawing from all entries received
that are otherwise eligible for the drawing. The drawing will be held after
12:00 p.m. Eastern Time on Monday, September 27, 2004. The drawing will be conducted at 1330 Ocean
Drive, 4th floor, Miami, FL 33139 by Island Outpost, LLC. The
potential Prize Winner will be notified on or about Friday, October 1, 2004, by
e-mail. Failure of the potential Prize Winner to respond within seven (7) days
from such notification referred to above may result in disqualification and the
selection of alternate Prize Winner. Alternate Prize Winner will be selected in
the event the prize cannot be awarded to the potential Prize Winner drawn. By
entering the drawing, each entrant agrees to be bound by these rules and the
decisions of the Sweepstakes Providers. In the event of non-compliance, an
alternate Prize Winner may be selected. All prizes will be awarded.
5.
CONDITIONS,
DISCLAIMERS, AND LICENSE: By entering
this Sweepstakes, each entrant agrees to be bound by these Official Rules and
by all decisions of Island Outpost (which decisions are final and binding on
all matters relating to the Sweepstakes), and to comply with all federal, state
and local laws and regulations. The decisions of the Sweepstakes Providers are
final on all matters of fact, interpretation, eligibility, procedure and
fulfillment. In the event of non-compliance,
an alternate prize winner may be selected. Entries and other submitted
materials become the property of the Sweepstakes Providers and/or its
promotional partner(s) and will not be acknowledged or returned. Neither the
Sweepstakes Providers nor Internet access providers are responsible for
incomplete, late, lost, misdirected or postage-due mail or for any technical
malfunction, human error, lost/delayed data transmission, omission,
interruption, deletion, defect, or line failure in connection with any
telephone network, computer equipment, software or any combination thereof.
Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered
with, forged, mechanically reproduced, irregular in any way, or otherwise not
in compliance with these Official Rules. The Sweepstakes Providers make no
warranties, and hereby disclaim any and all warranties, express or implied,
concerning any prize furnished or made available in connection with the
Sweepstakes. Although Sponsor attempts to ensure the integrity of the
Sweepstakes, the Sweepstakes Providers are not responsible for the actions of
entrants or other individuals in connection with the Sweepstakes, including
entrants' or other individuals' attempts to circumvent the Official Rules or
otherwise interfere with the administration, security, fairness, integrity, or
proper conduct of the Sweepstakes. The
Sweepstakes Providers are not responsible for injury or damage to entrant’s or
to any other person's computer(s), other equipment, or person(s), related to or
resulting from participation in the Sweepstakes or downloading materials from
or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not
capable of running as planned by reason of damage by computer virus, worms,
bugs, tampering, unauthorized intervention, fraud, technical limitations or
failures, strikes, industry conditions, bankruptcy or liquidation, marketplace
demands, applicable law, unforeseen obstacles, or any other causes which, in
the sole opinion of Island Outpost, could corrupt, compromise, undermine, or
otherwise affect the administration, security, fairness, integrity, viability,
or proper conduct of the Sweepstakes, Island Outpost reserves the right in its
sole and absolute discretion to modify these Official Rules and/or to cancel,
terminate, modify, or suspend all or any part of the Sweepstakes, and to select
a winner from among all eligible entries received up to the time of such
cancellation, termination, modification, or suspension, as applicable. Proof of
mailing or submitting entry will not be deemed receipt of such entry by the
Sweepstakes Providers.
All taxes (including without limitation Federal, state and local taxes) in connection with any prize, and the reporting consequence thereof, are the sole responsibility of the Prize Winner. The Prize Winner at the sole discretion of Island Outpost may each be required to sign a notarized affidavit of eligibility and compliance with these Official Rules, liability release, publicity release (unless prohibited by law), address verification and other registrations and participation information requested by Island Outpost and the other Sweepstakes Providers (unless prohibited by law). If the Prize Winner is under 18 years of age, they will be disqualified and an alternate prize winner drawn pursuant to these Official Rules. You are not a winner until your submissions are validated. Failure to complete, sign and return all required documents within fourteen (14) days of delivery to potential winner's claimed address or return of prizes as undeliverable may result in disqualification and selection of an alternate winner, at the sole discretion of Island Outpost.
By
entering this Sweepstakes, unless prohibited by law, the potential winner
consent to use of his/her respective name, voice, photograph and/or likeness
for advertising or publicity purposes for this and similar promotions without
compensation and the potential winner and travel guest may be required to
provide a signed release acknowledging such consent. Moreover, by entering this
Sweepstakes, unless prohibited by law, the potential prize winner agree to
grant to the Sweepstakes Providers, 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 without limitation the World
Wide Web, at any time or times, the prize Winner’s respective name, likeness
(actual or simulated), voice (actual or simulated), and biographical
information as news or information and for advertising and promotional purposes
without additional consideration; and further without such additional
compensation, 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 Island Outpost in its sole discretion.
6.
CONDUCT: THE OFFICIAL RULES WILL BE POSTED AT THE SWEEPSTAKES SITE
THROUGHOUT THE ENTRY PERIOD. BY ENTERING AND PARTICIPATING IN THIS SWEEPSTAKES,
ENTRANTS (A) FULLY AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE OFFICIAL
RULES AND BY ALL DECISIONS OF THE SWEEPSTAKES PROVIDERS (WHICH DECISIONS SHALL
BE FINAL AND BINDING IN ALL RESPECTS), INCLUDING WITHOUT LIMITATION DECISIONS
REGARDING ELIGIBILITY, WINNER AND THE INTERPRETATION OF TERMS USED IN THESE
OFFICIAL RULES; AND (B) REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED
BY ENTRANT IN CONNECTION WITH THE SWEEPSTAKES IS TRUE, ACCURATE AND COMPLETE.
THE SWEEPSTAKES PROVIDERS RESERVE THE RIGHT, AT ANY TIME AND AT THEIR SOLE
DISCRETION, TO DISQUALIFY AND/OR DEEM INELIGIBLE TO PARTICIPATE IN THIS
SWEEPSTAKES OR ANY FUTURE SWEEPSTAKES OR OTHER PROMOTIONS OF THE SWEEPSTAKES
PROVIDERS, ANY INDIVIDUAL IT SUSPECTS: TO BE TAMPERING WITH THE ENTRY PROCESS
OR THE OPERATION OF THE SWEEPSTAKES OR THE SWEEPSTAKES SITE; TO BE ACTING IN
VIOLATION OF THE OFFICIAL RULES OR THE SWEEPSTAKES SITE’S TERMS OF SERVICE,
PRIVACY POLICY OR OTHER TERMS, CONDITIONS OR GUIDELINES; TO BE ACTING IN BAD
FAITH OR IN A DISRUPTIVE MANNER, OR WITH THE INTENT TO ANNOY, ABUSE, THREATEN
OR HARASS ANY OTHER PERSON; TO HAVE FAILED TO AGREE TO THESE OFFICIAL RULES; OR
TO BE IN VIOLATION OF THESE OFFICIAL RULES. ANY ATTEMPT BY A ENTRANT OR ANY
OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY INTERNET SITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF THESE OFFICIAL RULES
AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD AEG LIVE BELIEVE OR BECOME AWARE
THAT SUCH AN ATTEMPT HAS BEEN, IS BEING, OR WILL BE MADE, ISLAND OUTPOST
RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY RESPONSIBLE ENTRANT(S)
AND OTHER RESPONSIBLE INDIVIDUAL(S) IN THE ATTEMPTED DAMAGE TO THE FULLEST
EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION.
7.
RELEASE
AND INDEMNIFICATION: BY ENTERING THE SWEEPSTAKES, ENTRANTS
RELEASE AND HOLD THE SWEEPSTAKES PROVIDERS HARMLESS FROM AND AGAINST ANY AND
ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE
OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN
ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM
THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), 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.
8.
LIMITATION
OF LIABILITY: IN NO EVENT WILL
THE SWEEPSTAKES PROVIDERS 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 ANY ACCESS TO AND/OR USE OF
THE SWEEPSTAKES SITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM THE SWEEPSTAKES SITE, THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR
DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION,
USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE
OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE
SWEEPSTAKES. WITHOUT LIMITING THE
FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH
THE 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, AND NON-INFRINGEMENT.
9.
GOVERNING
LAW: The Sweepstakes
and these Official Rules are governed by and shall be construed in accordance
with the substantive laws of the State of California (as distinguished from the
choice of law rules) and the United States of America applicable to contracts
made and performed entirely in California and where the relevant contacts are
with such state. All applicable federal,
state, and local laws and regulations apply.
10.
MISCELLANEOUS:
(a)
Dates and Deadlines: Because of the unique nature and scope 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 governing the Sweepstakes.
(b)
Privacy: Information submitted in connection with the
Sweepstakes will be treated in accordance with these Official Rules and island
Outpost’s Privacy Policy (as may be amended from time to time), currently
located at http://www.islandoutpost.com/IO/privacy.htm; 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.
(c)
Severability; Headings: If any provision of these Official Rules is
found to be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these Official Rules and shall not
affect the validity and enforceability of any remaining provisions. 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.
(d)
Winner: For a list
Winners, send a self-addressed stamped envelope after Friday, October 1, 2004
to: Winner List, “ Island Outpost Jamaican Getaway”, Island Outpost 1330 Ocean
Drive, 4th floor, Miami, FL 33139. Requests for Winner List must be
received by December 31, 2004.
(e)
Rule Requests: To receive a copy of these complete
rules, send a self-addressed, stamped envelope to: Official Rules, “Island
Outpost Jamaican Getaway Sweepstakes”, Island Outpost 1330 Ocean Drive, 4th
floor, Miami, FL 33139. Requests for Official Rules must be received by Friday,
September 10, 2004.