Referral Program Legals
THE OUTSIDE THE 9 REFERRAL PROGRAM OFFICIAL RULES
REFERRAL PROGRAM: The Outside the 9 Fan Club Referral Program (the "Referral Program") begins on February 9, 2009 at 1:00 p.m. Pacific Standard Time (PST) and ends once 1 (one) eligible participants reaches the tiers specified in the Prizes section (the "Referral Program Period") OR on November 1, 2009 at 6:00p.m. PST (the "Referral Program Period"). Entry in the Referral Program does not constitute entry into any other promotion, contest, referral program or sweepstakes.
REFERRAL PROGRAM SPONSOR: Outside the 9 Fan Club, 5B Artist Management, Slipknot Touring LLC, insert fan club name and all parties related to fan club, including artist and entity contracting with Sparkart on artist's behalf, Sparkart Group, Inc., and their respective affiliates and subsidiaries, advertising and promotional agencies, suppliers of prizes, material and services related to this Referral Program (collectively, “Sponsor and its Agents”). By participating in the Referral Program, each participant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor and its Agents.
ELIGIBILITY: This Referral Program is open to legal residents of the U.S. (except Puerto Rico) and Canada (excluding Quebec) 13 years of age or older. A participant who is a minor in his/her state or province of residence must have the signed, written consent and all required paperwork completed by his/her parent or legal guardian in order to participate. Sponsor and its Agents and members of their immediate families and people living in the same household of each are not eligible.
HOW TO PARTICIPATE: NO PURCHASE IS NECESSARY. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. NO ENTRY FEE IS REQUIRED TO PARTICIPATE IN THIS REFERRAL PROGRAM.
To refer a friend to the Outside the 9 Fan Club, visit the Outside the 9 Referral Program Page at http://www.slipknot1.com/referral.
Locate your Referral Link in the center of the page. Each Outside the 9 fan club member will be provided with a custom “Referral Link” (for example: www.slipknot1.com/join?referrer=30), which will connect your friend to the Outside the 9 fan club sign up page and serve to identify you as the referrer.
Participants are encouraged to refer friends to the Outside the 9 fan club by sending and/or posting their Referral Link via email, blog post, message board, social network, and any other available online venue. A successful referral occurs when: (i) the participant’s custom Referral Link is “clicked on” by someone who is not already a member of the Outside the 9 fan club, and thereby that person’s web browser brings up the sign up page of the Outside the 9 website; (ii) the person who has clicked on the Referral Link successfully completes the sign up, registration and payment process for Outside the 9; and (iii) the Outside the 9 fan club has not already received an identical referral. All three of the above conditions must be met in order for the referral to qualify for the purposes of this Referral Program.
Participants that have successfully referred the pre-set number (specified below) of qualified referrals at the conclusion of the Referral Program Period will win the prizes set forth below.
PRIZES: The eligible Participants that have successfully reached the tiers described below during the Referral Program Period will win the prizes set forth below. All estimated retail values are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the retail value is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed.
- First Prize: The eligible Participants that have successfully referred fifty (50) people during the Referral Program Period will each receive two (2) tickets to the Slipknot concert of their choice (estimated retail value of $100). Transportation, room and board are not included.
- Second Prize: The eligible Participants that have successfully referred twenty (20) people during the Referral Program Period will receive one (1) Maggot Mask and one (1) T-shirt (estimated retail value of $40).
- Third Prize: The eligible Participants that have successfully referred ten (10) people during the Referral Program Period will each receive one (1) autographed set list (estimated retail value of $9.50).
GENERAL PRIZE CONDITIONS: All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor and its Agents in their sole discretion. Any and all prizes will be delivered only to an address in the United States or Canada (excluding the province of Quebec). Prizes are non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed, except Sponsor and its Agents reserve the right to substitute prize(s) of comparable value if the prizes listed or any component of any prize listed is unavailable for any reason. Any prizes depicted in promotional packaging or otherwise in connection with this Referral Program are for illustrative purposes only and may not represent the actual prizes that are awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Referral Program promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. The prize winners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential prize winners will be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (collectively, "Prize Claim Documents"). If a winner is considered a minor in his or her state of residence, at Sponsor and its Agent’s option, the applicable prize either will be awarded in the name of the parent or legal guardian of the winner, or the parent or legal guardian of the winner will be required to ratify and sign the Prize Claim Documents. Time is of the essence in awarding the prizes. Accordingly, if a winner (or, in the case of a minor, such minor-winner's parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within seven (7) days of prize notification (or a shorter time if required by exigencies), the winner may be disqualified and the next runner up may be selected as an alternate winner. If required, Sponsor and its Agents will issue a Form 1099 to each winner.
WINNER DETERMINATION AND NOTIFICATION: The Referral Link serves to track the amount of people the Participant has successfully referred to the Outside the 9 Fan Club. The eligible Participants that successfully refer the number of people specified in the tiers above during the Referral Program Period will be selected as potential winners.
Sponsor and its Agents are not responsible for tracking errors or any other discrepancies or defects that result in an incorrect tally of successful referrals. Participants agree that Sponsor and its Agents have the sole right to decide, in its discretion, all matters and disputes arising from this Referral Program and that all decisions of Sponsor and its Agents are final and binding. Sponsor and its Agents may post a leaderboard on the Website that shows the participants with the highest amount of successful referrals during the Referral Program Period, identified by their alias. Appearing on any leaderboard does not guarantee that a participant is or will become a prize winner in the Referral Program. Within 4 week(s) of the conclusion of the Referral Program Period, the potential winners will be notified by telephone and/or mail and/or email using the contact information provided at the time of entry. Sponsor and its Agents shall have no liability for any winner notification that is lost, intercepted or not received by the potential winners for any reason. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate may be selected. Sponsor and its Agents may successively attempt to contact up to 5 potential winners in accordance with such procedure, and if there is still no confirmed winner of a prize after such attempts have been made, if any, the prize may go un-awarded.
PUBLICITY RELEASE: By participating in the Referral Program, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and its Agents and any participant in or winner of the Referral Program, each participant irrevocably grants Sponsor and its Agents the right to use such participant's name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website or the Referral Program without further payment or consideration, and hereby release Sponsor and its Agents from any liability with respect thereto.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Participants (or if minors, their parents or legal guardians) agree that Sponsor and its Agents (i) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Referral Program or any Referral Program-related activity, or from participants' acceptance, receipt, possession and/or use or misuse of the prize(s), (ii) make NO representation with regard to the accuracy, ownership, or completeness of any Referral Link sent or received or that the delivery thereof will be uninterrupted or error free, (iii) shall not be responsible for any incorrect or inaccurate information, whether caused by participant or by any of the equipment or programming associated with or utilized in the Referral Program, and (iv) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize(s), including, without limitation, to such prize's quality or fitness for a particular purpose. Sponsor and its Agents assume no responsibility for any damage to a participant's computer system which is occasioned by accessing the Website or participating in the Referral Program, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor and its Agents are not responsible for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor and its Agents reserve the right in their sole discretion to disqualify any individual who is found to be tampering with the participation process or the operation of the Referral Program or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Referral Program, or to annoy, abuse, threaten or harass any other person, and Sponsor and its Agents reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor and its Agents are prevented from awarding prize(s) or continuing with the Referral Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g. SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsor and its Agent’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor and its Agents shall have the right to modify, suspend, or terminate the Referral Program. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor and its Agents. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor and its Agent's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
DISPUTES: Except where prohibited, each participant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Referral Program or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts located in San Francisco, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Referral Program, but in no event attorneys' fees; and (iii) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor and its Agents in connection with the Referral Program, 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.
PRIVACY AND PERSONAL INFORMATION: Information collected from participants is subject to Sponsor and its Agent's Privacy Policy located at http://www.slipknot1.com. By participating in the Referral Program, you grant Sponsor and its Agents permission to share your email address and any other personally identifiable information with the others for the purpose of administration, ranking and prize fulfillment. As a result, you may receive additional email communication or promotions.
WINNERS LIST/OFFICIAL RULES: To obtain the name of a winner, send a request via email to ot9support@sparkart.com or mail a letter request and self-addressed stamped envelope to: Outside the 9, c/o REFERRAL PROGRAM NAME, P.O. Box 8639, Emeryville, CA 94662. Requests must be received by December 31, 2009. To obtain a copy of these Official Referral Program Rules, send a self-addressed, stamped envelope to the above address, Attn: Rules Request, Outside the 9 Referral Program.
© 2008 Sparkart Group, Inc. All rights reserved. Referral Program participants are hereby authorized to copy these Official Rules on the condition that it will be for the participant’s personal use and not for any commercial purpose whatsoever.