FUSE NETWORKS LLC, LIVE NATION INC. AND TIME WARNER CABLE
“ROCK STAR FOR A YEAR” SAN DIEGO SWEEPSTAKES
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS REQUIRED.
1. HOW TO ENTER: Sweepstakes begins on or about July 20, 2009 at 12:00 a.m. Eastern Time (“ET”) and ends Friday, November 6, 2009 at 11:59 p.m. ET. To enter, visit our website at rockstar/fuse.tv/twcsandiego and follow the on-screen instructions. All entries must be received by 11:59 p.m. ET on November 6, 2009. Limited to one entry per person per 24 hour day (12:00 a.m. (midnight) ET – 11:59 p.m. ET). Participation in excess of this limitation or mass entry attempts will result in disqualification of such person. Entries must be manually key-stroked; use of automated devices or programs is prohibited. By entering, entrants agree to be bound by and acknowledge compliance with these official rules including eligibility requirements as well as the decisions of Sponsors (as defined below) which are final and binding in all respects. Responsibility for receipt of entry rests solely with the entrant; proof of submitting an entry does not constitute proof of receipt or proof of entry. All entries become the property of the sponsors, FUSE Networks LLC and Live Nation Inc. (the “Sponsors”). Administrator’s computer is the official clock for purposes of sweepstakes. Sweepstakes Entities (as defined below) and their agencies will not be responsible for late, lost, garbled, corrupted, damaged, incomplete or misdirected entries or for any error, omission, interruption, dilution, defect or delay in operation or transmission on or in conjunction with accessing/using the Internet, incomplete or otherwise inaccurate sweepstakes information regardless of cause or any damage to a user’s computer (and/or information contained thereon). If the sweepstakes is not capable of running as planned for any reason which Sponsors, in their sole opinion, deem could corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, Sponsors reserve the right to terminate, modify or suspend this sweepstakes, in whole or in part. In such event, Sponsors will select the winner in a random drawing from among all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsors or by some other means deemed by Sponsors in their sole discretion to be fair, appropriate and consistent with the spirit of these Official Rules. Notice of such action by Sponsors will be posted on rockstar/fuse.tv/twcsandiego. Sponsors reserve the right, at their sole discretion, to disqualify any individual they find, in their sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the sweepstakes or any web site or to be acting in violation of these Official Rules. Participation in sweepstakes is subject to the Privacy Policy and Terms of Service of www.fuse.tv. IF YOU DO NOT AGREE TO THE PRIVACY POLICY AND TERMS OF SERVICE, DO NOT ENTER THE SWEEPSTAKES, PROVIDE ANY PERSONAL INFORMATION ON THE WEB SITE OR OTHERWISE USE THE WEB SITE. Sponsors will not acknowledge receipt of entries.
2. ELIGIBILITY: The sweepstakes is open to U.S. residents who are 18 years of age or older at time of entry and reside in the Time Warner Cable San Diego serviceable areas and who are active Time Warner Cable subscribers in good standing as of July 19, 2009. Employees of Sponsors, Time Warner Cable, Inc. (“TWC”) or any of their affiliates, subsidiaries, participating vendors, promotion or advertising agencies, or any other company involved with the design, production, execution or distribution of the sweepstakes (collectively, the “Sweepstakes Entities”) and each of their family members and/or those living in the same household of each are ineligible to enter the sweepstakes. Sweepstakes void where prohibited by law and subject to all federal, state and local laws and regulations.
3. PRIZE DRAWING: One (1) Grand Prize winner will be selected by LeadDog Marketing Group (“Administrator”), an independent judging organization, in a random drawing on or about November 9, 2009 from among all eligible entries received. Odds of winning the prize depend on the number of eligible entries received. All decisions of the Sponsors are final and binding on all matters relating to this sweepstakes.
4. PRIZE: One (1) Grand Prize will be awarded. Grand Prize winner will receive a prize package consisting of: forty (40) tickets to twenty (20) performances (2 tickets per performance) at San Diego’s Live Nation venues throughout the 2010 schedule. Approximate retail value of the Grand Prize is $1,200. Choice of performances is subject to availability and other restrictions; winner may not receive first choice of artist, concert date and/or venue. Winner will not receive any compensation or alternate prize for any tickets which are unused after the end of the 2010 concert schedule. Sponsors reserve the right to substitute a prize of equal or greater value due to prize unavailability for any reason. Prizes cannot be assigned, resold, transferred, changed, or redeemed for cash except at the sole discretion of the Sponsors. All federal, state, and local taxes, and all other expenses not specifically mentioned herein (such as, travel to/from Live Nation venues) are the sole responsibility of the winners. Winner will receive a 1099 Tax Form for the fair market value of the prize for the year in which the prize is won and winner’s receipt of the prize will be reported to the Internal Revenue Service in accordance with applicable law. Other restrictions may apply.
5. WINNER NOTIFICATION: Prize winner will be notified by e-mail and/or phone on or about November 9, 2009. If the prize notification letter or prize is returned as undeliverable, the prize will be awarded to an alternate winner selected in a random drawing. Winner must respond within 3 days of prize notification to claim his/her prize. If winner does not respond within the specified time period, he/she will forfeit the prize (without compensation of any kind), with the selection of an alternate winner from remaining eligible entries. By accepting prize, winner consents to the use of his/her name, voice, and likeness for promotional, advertising, publicity or trade purposes in any and all media worldwide in perpetuity by Sponsors and their designees without further compensation unless otherwise prohibited by law. Void where prohibited by law. Winner will be required to complete and return an Affidavit of Eligibility/Release of Liability which must be signed and received by Sponsors or their designated agent within 7 days of date printed on notification, or an alternate winner will be selected in a random drawing.
6. CONDITIONS: By participating in this sweepstakes, entrants and winners release Sweepstakes Entities and their owners (direct or indirect), parents, members, stockholders, affiliates, subsidiaries, directors, officers, agents, employees, advertising agencies, and all others associated with the development and execution of this sweepstakes from and against any and all liability with respect to or in any way arising from this sweepstakes and/or acceptance or use of the prize, including, without limitation, liability for personal injury, damages or loss.
7. DISPUTE RESOLUTION/CHOICE OF LAW. By participating, entrants agree that: (i) any claim, dispute or cause of action regarding the sweepstakes or these Official Rules shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of New York (ii) they consent to the personal and subject matter jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim/dispute/cause of action; (iii) their recovery will be limited to actual out-of-pocket costs involved in participating in the sweepstakes (if any) and they expressly waive their right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys’ fees for bringing such claim/dispute/cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim/dispute/cause of action, except for the choice of law/conflict of law rules of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than New York).
8 WINNER’S LIST: To obtain the name of the winner, available after November 9, 2009 send a self-addressed, stamped envelope marked “Winners List” by December 6, 2009 to: “Fuse Rock Star for a Year San Diego Sweepstakes” c/o Lead Dog, 159 West 25th St., 2nd Floor, New York, New York 10001.
9. SPONSORS: Fuse Networks LLC, 11 Penn Plaza, 17th Floor, New York, NY 10001 and Live Nation Inc., 9348 Civic Center Drive, Beverly Hills, CA 90210.
10. ADMINISTRATOR: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001.
