Official Rules

THIS IS A CONTEST OF SKILL.  NO PURCHASE NECESSARY TO ENTER OR WIN THE PRIZE.  A purchase will not increase your chances of winning.  The initial entry period  for The ConcertAttack Rev Theory Concert Experience Contest (the "Contest"), sponsored by PegWorks Inc. (the "Sponsor"), begins November 16th, at 12:01 a.m. (Eastern Time) and ends December 31st, 2008 at 11:59:59 p.m. (Eastern Time) (the "Entry Period").  Sponsor's computer is the official time keeping device for the Contest.  Void where prohibited.

 

1. ELIGIBILITY:

 
The Contest is open to individuals who are over the age of eightteen (18 on the date of entry, a legal resident of the forty eight (48) contiguous United States (excluding Puerto Rico, United States territories, possessions, and protectorates, and foreign based United States military installations).  Sponsor nor Sponsor Affiliates (as defined below) are eligible to participate in the Contest and/or win the Prize (as defined below).  Additionally, relatives of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win.  For the purposes of this Contest, "relatives" is defined as spouse, domestic partner, parent, in-laws, grandparent, brother, sister, children and grandchildren. 
 
2. HOW TO ENTER:

 
The only way to enter the Contest is via the internet.  To enter via the internet, log on to www.concertattack.com, find the information that refers to the Contest, and follow the appropriate links to register.

 

(a) If a dispute arises regarding who submitted an on-line entry, the entry will be deemed submitted by the holder of the e-mail accounts submitted with the entry (of the entrant) as determined by Sponsor.

By entering this Contest, you are representing and warranting that you created the picture(s) and/or review(s) (i) are the sole and exclusive owner of all right, title and interest, including, without limitation, the copyright in and to the picture(s) and/or review(s), (ii) you have the legal right and authority to grant to Sponsor all of the rights described in these Official Rules and (iii) the picture(s) and/or review(s) will not violate the rights, common law or otherwise, of any party or entity.  Also, by entering, you hereby agree to grant a nonexclusive, royalty-free, paid up, irrevocable license to Sponsor to exhibit, and transmit the picture(s) and/or review(s) on the internet throughout the world commencing with the date on which you enter the Contest. 

Sponsor reserves the right to void any entry if Sponsor determines, in its sole judgment, that the picture(s) and/or review(s) submitted to Sponsor is substantially similar to a picture(s) and/or review(s) owned by someone other than the entrant.  Sponsor's decisions regarding substantial similarity are final and cannot be appealed.   
 
3. SELECTION OF CONTEST WINNER

Judging of entries for the Contest commences at 12:01 a.m. ET on January 7, 2009 and ends on January, 2009 at 11:59:59 p.m. ET ("Judging Period").  During the Judging Period,  panel of judges composed of ConcertAttack employees, selected by Sponsor in its sole discretion (the "Judging Panel"), will choose one (1) winner . Sponsor shall have the right to cancel the Contest in the event it determines in its sole discretion that there are not twenty five (25) Finalists which are adequate for Panel review.  The Panel's comments (written or otherwise) will not be publicly distributed or made available to any individual.

The potential winner will be notified via e-mail on or about January 16th, 2009 that he or she, subject to verification, is the winner of the Prize (defined below).  If the potential winner, within five days of Sponsor's first attempt to reach him/her: (i) cannot be reached, (ii) fails to respond to Prize notification, (iii) fails to return a completed affidavit of eligibility, liability/publicity release, or other documents(s) as required by Sponsor, (iv) declines the Prize, (v) has his/her Prize notification returned to Sponsor as undeliverable, (vi) fails to provide Sponsor with a copy of his/her valid government issued photo identification or social security number, or (vii)  is found to be ineligible, an alternate winner may be selected at Sponsor's sole discretion. In the event that any winner fails to return a completed affidavit of eligibility, liability/publicity release or other documents(s) as required by Sponsor within five (5) days of Sponsor's initial attempt to notify potential winner, Sponsor reserves the right to select an alternate winner. Sponsor reserves the right to modify the notification and affidavit/release procedures in connection with the selection of an alternate winner, if any.

 
4. WINNER/PRIZE:

  The Winner shall receive the following prize (the "Prize"):

(1) An Epiphone Guitar valued at $179.99.

Decisions made by Sponsor are final in all matters, including interpretation of these Official Rules and awarding of the Prize, and cannot be appealed.  No substitutions of the Prize are offered, except that Sponsor and the Sponsor Affiliates reserve the right in their sole discretion to substitute the Prize or any portion of the Prize for a prize of equal or greater value.  No transfer of the Prize to a third party is permitted and the cash value of the Prize will not be awarded in lieu of the Prize where it applies, except in Sponsor's sole discretion.   Any applicable state, federal and local taxes, including, without limitation, excise tax (including sales tax), and other expenses not specifically set forth herein are the sole responsibility of the Winner.  The value of the Prize set forth above represents Sponsor's good faith determination of the approximate retail value thereof and that determination is final and binding and cannot be appealed.

 

 
5. LIMITATION ON LIABILITY/DISCLAIMER:

 

All entries must be completed in full in order to be eligible.  Any attempted form of entry other than as described herein is void. Entries generated by a script, macro or other automated means will be disqualified.  No mechanical reproductions, alterations, or forged entries allowed. Incomplete, illegible, and corrupted entries are void. Sponsor reserves the right, at its sole discretion, to disqualify any individual, and his/her entry, who tampers with the entry process.

 

Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain the Prize will forfeit the Prize won and may be prosecuted to the fullest extent of the law.  All federal, state and local laws and regulations apply.  You further agree to not knowingly: damage or cause interruption of the Contest; prevent others from using the Contest; or obtain or modify another user's account information without their consent.

 

CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST VIOLATES CRIMINAL AND/OR CIVIL LAWS.  IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY CONTEST ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Sponsor and employees of Sponsor, and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, franchisees, licensees, distributors, advertising, promotion and public relations agencies and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Sponsor Affiliates") are not responsible for lost, late, incomplete, destroyed, forged, damaged, tampered with, mass machine generated, unintelligible, incomprehensible, misdirected entries, otherwise not in compliance with these Official Rules or mail related to or resulting from participation in the Contest.   Sponsor and Sponsor Affiliates are not responsible for Contest-related human errors or for typographical errors in any Contest-related materials.  Sponsor and Sponsor Affiliates are also not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections or failed, incomplete, garbled or delayed software transmissions which may limit an entrant's ability to participate in the Contest or damage to user's system as a result of participation in the Contest or downloading any information necessary to participate in the Contest.  Sponsor reserves the right in its sole discretion to cancel or modify the Contest if the Contest is not capable of running as planned, including, without limitation, any computer virus, malfunction, tampering, unauthorized intervention, fraud, technical failure or other cause beyond its control which corrupts, threatens or adversely affects the administration, security, fairness, integrity or proper operation of the Contest.  

 

As a condition of entry, you agree to be bound by these Official Rules and the decisions of Sponsor.  Except where prohibited by law, by entering this Contest, you consent to (i) the use of your name, voice, picture, likeness and biographical data and/or any other information contained in your entry in advertising, promotional and marketing materials by Sponsor and the Sponsor Affiliates worldwide in all media now known or hereafter discovered (including Sponsor's and Sponsor Affiliates' web sites) without additional compensation, notice, approval or review and (ii) the modification, editing, adaptation, electronic alteration, use, assignment and/or disposal of on-line entries however it sees fit and for any purpose without any notice or compensation to you or any third parties provided that Sponsor will not alter the Song except as permitted by Rule 1 of these Official Rules.  By entering this Contest, you agree to waive any right to claim ambiguity with the Official Rules.  You acknowledge that if you are chosen as a winner, certain of your personally identifying information may be disclosed to third parties at least as required by law, including, without limitation, on a Winners' List.

 
All Prize claims and documents provided by Winner must be verified by Sponsor.
The winner, by acceptance of THE Prize, agrees to release Sponsor AND the Sponsor Affiliates from AND AGAINST any and all liability, claims, DEMANDS, LOSSES, DAMAGES or actions of any kind whatsoever for injuries, death, disability, attorneys' fees, costs of litigation and settlement as well as damages or losses to persons and property that may be sustained in connection with OR WHICH ARISE OUT OF, DIRECTLY OR INDIRECTLY, the receipt, ownership, REDEMPTION, use OR MISUES, LOSS OR MISDIRECTION  of the Prize or while traveling to and/or from a location to REDEEM, obtain or use the Prize OR ANY PORTION OF THE PRIZE AND, UNLESS OTHERWISE PROHIBITED, WAVIES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES.

 
Neither Sponsor nor the Sponsor Affiliates make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Prize including, without limitation, quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority.

 
Sponsor and Sponsor Affiliates shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control.  Sponsor and Sponsor Affiliates shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same.  Sponsor and Sponsor Affiliates shall not be liable for any loss or damage to baggage.

6. GOVERNING LAW.
 

The Contest and these Official Rules will be governed by the laws of the State of New York whose courts.  Any and all legal actions or claims arising in connection with this Contest shall be resolved individually without resort to any form of class action and shall be brought only in the courts located in the Southern District of New York.

7. WINNERS' LIST:

A Winners' List can be viewed at www.concertattack.com commencing January 31st, 2009
 
8. OFFICIAL RULES:

 For a copy of the Official Rules, go to www.concertattack.com.