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LYRIC CULTURE’S “ACROSS THE UNIVERSE” SWEEPSTAKES
Official Rules and Regulations
NO PURCHASE NECESSARY TO ENTER OR WIN.
A purchase does not improve your chances of winning. Void in Rhode Island or where prohibited, taxed or otherwise restricted by law. Subject to all U.S. federal, state and local laws. The Lyric Culture’s “Across the Universe” Sweepstakes (“Sweepstakes”) begins on September 4, 2007 and ends on October 5, 2007 (the "Promotional Period").
SPONSOR
This Sweepstakes is sponsored by Lyric Jeans, Inc., a Florida corporation, with its principal office in Los Angeles, California. Sponsor reserves the right to cancel the Sweepstakes at any time and substitute another promotion in its place. Sponsor is not responsible for printing in these official rules.
WHO CAN PARTICIPATE?
This Sweepstakes is open to all legal residents of the 50 United States and District of Columbia, excluding Rhode Island, who are eighteen (18) years of age or older as of the start date (void in Rhode Island, Puerto Rico, the U.S. Virgin Islands and where prohibited). Participation in this Sweepstakes constitutes entrant's full and unconditional acceptance of these Official Rules.
WHO IS NOT ELIGIBLE TO PARTICIPATE?
Employees and immediate families (defined as parents, brothers, sisters, spouse, children, siblings, grandparents, and each of their respective spouses) of employees of Sponsor, Hilltop New Media, and each of their employees, officers, directors, shareholders, agents, and representatives and their parent companies, affiliates, subsidiaries, and advertising, promotion and legal advisors, prize providers and licensors (collectively with Sponsor, "Sweepstakes Entities"), and all those with whom such employees are domiciled (whether related or not), are NOT eligible to participate.
HOW DO I ENTER?
There are two (2) ways to enter: enter on-line or by mail-in entry.
ON-LINE METHOD: Access the LYRIC CULTURE Website [http://www.lyricculture.com] during the Promotional Period and register for the Sweepstakes by following the instructions. Complete the Sweepstakes entry form and click to submit during the Promotional Period. Only one entry per day per person per email address is permitted for on-line entries. Entries in excess of this limit will be void. All Internet access and usage charges are the responsibility of the entrant. If for any reason the Internet portion of the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right at its sole discretion, to terminate, modify or suspend the Sweepstakes. All entries received on-line before (or after, if applicable) the on-line portion becomes inoperable (along with all mail-in entries), will be included in the random drawing. Sponsor and Sweepstakes Entities assume no responsibility for any act, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Website http://www.lyricculture.com. In the event of a dispute, eligible on-line entries will be considered made by the authorized account owner of the email address submitted at the time of entry. Entries generated by robots or scripts are considered to be a direct violation of sweepstakes policy and will result in immediate disqualification of any and all associated entries.
MAIL-IN METHOD: Complete an Official Entry Form, which is available from the participating merchants listed on the LYRIC CULTURE Website [http://www.lyricculture.com] or print your name, date of birth, complete mailing address, including city, state and zip code (no P.O. boxes) and phone number (with area code) on a 3 1/2" x 5" card and mail it with first class postage affixed to: Lyric Culture “Across the Universe” Sweepstakes, P.O. Box 691278, Los Angeles, CA 90069-1278. Mail-in entries must be legible and submitted in original hand-printed form. Each entry must be mailed separately and have sufficient postage. Entries mechanically reproduced or made in any fashion other than submitting an Official Entry Form provided by Lyric Culture, the Sponsor of the Sweepstakes, or by submitting a 3 1/2" x 5" card as described herein, are void. Sponsor and Sweepstakes Entities are not responsible for lost, late, misdirected, postage due, damaged, mutilated, illegible or incomplete entries. Limit of one entry by mail per day. All mail-in entries by mail must be postmarked by October 5,, 2007 and received by October 10, 2007. All on-line and mail-in entries (collectively “entries”) become the property of the Sponsor and will not be acknowledged or returned. False or deceptive entries or acts will render the entrant ineligible.
PRIZE
One (1) winner will receive a private screening for up to 100 invited guests for “Across the Universe in their home town (Approximate Retail Value (“ARV”): $808), one (1) Lyric Culture Across the Universe t-shirt (ARV: $90.00) and one (1) pair of Lyric Culture All You Need is Love jeans” (ARV: $315.00) (“the “Prize”). ARV of the Prize is $1,213.
Screening must be completed within one (1) year from notification of winning. Screening is subject to theater availability and general release date. If Across the Universe is not available another Sony Pictures Entertainment film may be selected (approval of which is to be made by Sony Pictures Entertainment in its sole discretion). Screening is for one (1) showing only. Winner may choose from the following times, which are subject to approval by the theater selected by Sponsor: Monday - Thursday during business hours; Saturday and Sunday morning matinee time period only; no screening opportunities on Friday. If a theater in the winner's immediate town is not playing the selected film, then the screening shall take place at the next closest theater to the grand prize winner's town that is playing the selected film. Screening subject to usual MPAA ratings and corresponding age restrictions for winner and guests’ attendance. If the winner is a resident of a jurisdiction that deems him/her to be a minor, his/her parent/legal guardian must accompany him/her, and such person will be deemed one of the 100 allotted guests. If a screening guest is a resident of a jurisdiction that deems him/her to be a minor, his/her parent/legal guardian must accompany him/her, and such person will be deemed one of the 100 allotted guests, unless that person is deemed the winner. All expenses associated with traveling to and from the theater are the sole responsibility of the winner and his/her respective guests. All other expenses, including, but not limited to, food, drink, other concessions, and any other expenses not specifically mentioned herein are the sole responsibility of winner and his/her respective guests, as applicable. Once screening date is determined, no change, extension, or substitution is permitted, except by Sponsor at its sole discretion. Winner is responsible for admittance of guests to screening subject to standard theater policy. If a winner elects to invite less than 100 guests, no additional compensation will be awarded.
Winner (his/her parent/legal guardian if winner is deemed a minor in his/her jurisdiction of residence) acknowledges that except and to the extent that the Sponsor or the Prize Provider cannot by law exempt itself from responsibility or liability, the Sponsor nor any Prize Provider has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee described herein; including, but not limited to, its quality, merchantability, mechanical condition or fitness for use. All warranties are hereby disclaimed, and the winner will accept the Prize "as is." The Prize cannot be assigned, transferred, exchanged or redeemed for cash, except that Sponsor may substitute a prize (or prize component) of equal value for any reason. Winner is solely responsible for all costs, incidentals, and any other expenses not specifically mentioned as being included. Any depictions of prizes are for illustrative purposes only. All federal, state or other taxes are the sole responsibility of winner. The winner will receive a Form 1099 from the Sponsor for the total ARV of Prize (stated above) that he/she won in the calendar year that he/she won. except taxes are the sole responsibility of winner. The winner will receive a Form 1099 from the Sponsor DRAWING/ODDS OF WINNING
During the Promotional Period, eligible entries received on-line at the LYRIC CULTURE Website will be combined with the eligible mail entries received, to create the entry pool. The potential winner will be selected on or about October 19, 2007 from all eligible entries received, by a random drawing conducted by Sponsor, whose decisions regarding all aspects of the Sweepstakes shall be final and binding. The odds of winning a prize will be determined by the number of entries received. Odds of winning are equal regardless of the method of entry.
WINNER’S LIST
To obtain a Winner's List (available after October 30, 2007), send a self-addressed, stamped business size (#10) envelope to: Lyric Culture “Across the Universe” Sweepstakes, PO Box 691278, Los Angeles, CA 90069-1278. (VT residents may omit return postage) All requests for a Winner's List must be received by February 15, 2007.
GENERAL CONDITIONS
Potential winner will be notified by phone, mail and/or email within approximately one (1) week of the drawing date. Potential winner (his/her parent/legal guardian if he/she is a resident of a jurisdiction that deems him/her to be a minor) will be required to sign, execute, have notarized, and return an Affidavit of Eligibility, a Liability Release, (where legal) a Publicity Release and any other documentation that Sponsor requires (collectively “Affidavit/Release”) within five (5) days after receipt by potential winner or such potential winner may be disqualified and an alternate potential winner may be selected. If a potential winner cannot be reached after a reasonable effort has been exerted, does not return the Affidavit/release within the time specified above, declines to accept a prize, or in the event that a prize or prize notification is returned as undelivered or the winner fails to comply with the Official Rules, the potential winner will be disqualified and the Sponsor may elect, at its own discretion, to select an alternate potential winner. By participating, entrants (their parents/legal guardians if entrants are residents of a jurisdiction that deems them to be minors) release, indemnify and hold harmless Sponsor, Sweepstakes Entities and each of their respective parent, subsidiaries, affiliated companies, divisions, distributors, independent contractors, franchisees, licensees, advertising and promotion agencies and the officers, directors, employees and agents of each from any and all liability, claims, damages, losses or causes of action (however named or described) for injuries, damages or losses to persons (including death) and property which may be sustained in connection with, in whole or in part, directly or indirectly from acceptance, receipt, possession, enjoyment, ownership or use or misuse of any prize, or participation in this Sweepstakes or any Sweepstakes related activity. Except for a winner who is a resident of Tennessee, winner (his/her parent/legal guardian if winner is a resident of a jurisdiction that deems him/her to be a minor) grants permission to Sponsor to use winner's name, age, city, state, photograph or likeness for advertising and promotional purposes without notice, compensation or approval to winner, except where prohibited by law or Sponsor’s Privacy Policy. By participating, entrants acknowledge compliance with these Official Rules and Sponsor’s Terms of Use and Privacy Policy including all eligibility requirements. In addition, by opting-in to specific offers from any of the Sweepstakes Entities, entrant’s entry information will be subject to their respective privacy policies and terms of service and entrant agrees to receive additional email communication from those companies. Sweepstakes Entities and any other participating prize providers in connection with the Sweepstakes and their affiliates, subsidiaries, respective directors, officers, employees and agents are not responsible for any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site, any human error that may occur in the processing of the entries in the Sweepstakes, or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from participating, uploading, or downloading materials in this Sweepstakes.
DISPUTES
Each entrant (his/her parent/legal guardian if entrant is deemed a minor in his/her jurisdiction of residence) agrees that: (1) any and all controversy, disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, the Official Rules or its enforcement, arbitrability or interpretation, or any prizes awarded, shall be submitted to final and binding arbitration, to be held in Los Angeles county, California, before a single arbitrator, in accordance with California code of civil procedure §§ 1280 et seq. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by selecting an arbitrator from a list of arbitrators supplied by JAMS (Judicial Arbitration and Mediation Services). If the parties still cannot agree on an arbitrator, the arbitrator shall be appointed by JAMS. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Notwithstanding the foregoing, the arbitrator may require that such fees be borne in such other manner as the arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
Entrants (their parents/legal guardians if residents of a jurisdiction which deem them to be minors) further understand and agree that they shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Sweepstakes, Across the Universe, any other Sony Pictures Entertainment, Inc. (or any of its respective parent companies, subsidiaries or affiliates) production, project or picture.
Entrants (their parents/legal guardians if residents of a jurisdiction which deem them to be minors)acknowledge that the internal substantive laws (as distinguished from the choice of law rules) of the state of California and the United States of America applicable to contracts made and performed entirely in California shall govern the validity and interpretation of these Official Rules and all other causes of action (whether sounding in contract or in tort) arising out of or relating to these official rules.
In addition, each entrant (his/her parent/legal guardian if entrant is deemed a minor in his/her jurisdiction of residence) agrees that: (1) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant his/her parent/legal guardian if entrant is deemed a minor in his/her jurisdiction of residence) hereby waives all rights to claim, punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
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