zZounds $100,000 Gear for Life Giveaway
- When will the winner be chosen?
- Drawing will take place on or about February 14, 2012.
- When can I sign up for the contest?
- The promotion begins on October 1, 2010 at 12:00:00 a.m. Eastern Standard Time (EST), and ends on December 31, 2011 at 11:59:59 p.m. (EST).
OFFICIAL RULES
No Purchase Necessary.
Void where prohibited, including all states requiring registration (including, but not limited to
New York, Florida and Rhode Island).
1. Eligibility: Sweepstakes is offered only in the United States to legal United States residents
at least 21 years old. Employees and directors of zZounds Music, LLC, ("Sponsor"),
their parents, affiliated and subsidiary companies and their advertising and
promotional agencies and the immediate family (spouse, mother, father, sister,
brother, daughter or son, regardless of where they live) or members of the
households of such employees and directors (whether or not related) are not
eligible. By entering, you agree to these Official Rules and the decisions
of Sponsor, which are final and binding in all respects.
2. Email:
By participating directly on zZounds’ website or on any other website,
you agree that your registration and other information may be shared by zZounds
and that other website (and any parent or subsidiary companies). Should you
access the zZounds web site to participate in this Sweepstakes by clicking
on an icon or other link on another web site, by submitting the registration
form you agree that the information you provide as part of the registration
can be used by zZounds and/or its affiliates to send you promotional materials
about zZounds and the sweepstakes. You may opt-out of the receipt of any or
all email or communications by following the directions in the email or contacting
that site. Should you opt-out, it will not affect your participation, or chances
to win, in this Sweepstakes. During the Promotional Period, however, you may
nevertheless receive emails which zZounds deems are related to the Sweepstakes
and related programs in its sole discretion. Sponsor must be able to contact
you via the e-mail address you provided within the 30-days prior to the sweepstakes
drawing for the purposes of confirming eligibility and contact information.
3. Promotional Period:
Promotion begins on October 1, 2010 at 12:00:00 p.m. Eastern Time (ET), and
ends on December 31, 2011 at 11:59:59 p.m. (ET). A day begins at 12:00:01
a.m. (ET) and ends at 11:59:59 p.m. (ET).
4. Entry: (a) To enter, access the zZounds Music, LLC, web site at www.zZounds.com,
either directly or by clicking on the icons, banners, or text links on any
affiliated web sites promoting the sweepstakes. For one entry into the drawing,
complete the sweepstakes registration form (which may be one or more pages)
and click-on the submit button (which may appear one or more times and may
be labeled other than “Submit”). By registering you agree that
you would like to receive more information about zZounds.com. (You may opt-out
of the receipt of such information at anytime by following the instructions
in the email or as indicated on the web site). You may enter only once for
the sweepstakes by following the initial Sweepstakes directions. Registrants
may be granted additional chances to win during the course of the sweepstakes
through special offers from the Sponsor. The Sponsor reserves the right to
modify the Sweepstakes rules to address special offers, as developed by the
sponsor. Entries must be received by December 31, 2011 at 11:59:59 p.m. (ET).
Any other attempt at Internet or email entry is void.(b) Limit one
entry per person and one entry per e-mail address. The Sponsor will attempt,
to the best of its ability, to eliminate multiple entries, except as allowed
under provisions of special offers made during the sweepstakes. Any attempt
by any person to obtain multiple entries by using multiple/different email
accounts or any other methods may void all of that person's entries and that
person may be disqualified. No responsibility is assumed for lost, late, incomplete,
stolen, misdirected, or illegible entries or email; or for any computer, telephone,
cable, network, electronic or Internet hardware or software malfunctions,
failures, connections, availability or garbled or jumbled transmissions, service
provider/Internet/web site/use net accessibility or availability, traffic
congestion, any technical error, or unauthorized human intervention, or the
incorrect or inaccurate capture of entry or other information, or the failure
to capture any such information.
5. Drawing:
There will be one winner of the Sweepstakes. This winner will be a single
individual. Winner will be selected in a random drawing under the supervision
of zZounds Music, LLC, from all eligible entries received. Drawing will take
place on or about February 14, 2012 and winner will be notified by email,
regular or overnight mail, or phone within approximately 15 days after the
drawing. No cash or credit redemption, assignment, transfer or substitution
of prize is permitted, except Sponsor reserves the right to substitute a prize
of equal or greater value should prize stated become unavailable or for any
other reason.
6. Prize/Odds: (1) Grand Prize: “Gear for Life” award, consisting of $2,000.00
of products sold by the Sponsor on its website per year for the remaining
lifetime of the winner. For the purposes of the award, the gear awarded each
year is to be valued at the manufacturer’s suggested retail price at
the time of the annual redemption including the Sponsor’s standard shipping
and handling charges. In the event of any ambiguity over the manufacturer’s
suggested retail price, the manufacturer’s suggested retail price will
be 1.35 times the currently advertised zZounds selling price (on zZounds.com).
In the event of any dispute over the standard shipping and handling charges,
Sponsor will apply actual ground shipping charges.The annual
redemption period will last at least one week per year, to be determined at
the discretion of the Sponsor and subject to change over time. Products awarded
will be provided by zZounds and/or its affiliates and are subject to availability.
Certain restrictions may apply. Only products that are in stock during the
redemption period (at the time of the winner’s annual redemption request)
shall be eligible to be chosen, and the Sponsor may choose to limit the selection
of products further based on other criteria or in its discretion without any
prior notice to the winner other than in response to a redemption request.
The winner must be alive during this annual redemption period each year in
order to be eligible for the award for that year.The award is
not transferable and can only be redeemed by the living winner. It is the
winner’s responsibility to learn of the Sponsor’s redemption procedures
and comply with them each year. Any award redeemed partially or not redeemed
in a given year will be held over to the subsequent year only. Any amount
not redeemed in full the subsequent year will be forfeited. Estimated Approximate
Retail Value: $100,000.00. The approximate retail value is estimated based
on an expected remaining life of the winner of 50 years with the winner redeeming
the award in full each year. The actual value will vary depending on the actual
remaining lifetime of the winner and the winner’s pattern of redemption.
The actual value will not be known until the winner dies. The approximate
retail value is not meant to guarantee the winner, winner’s spouse,
or inheritors any specific cash value of the award, and no cash alternative
is offered. Once the winner has died, the Sponsor has no further obligations.Any expense
not specified is the sole responsibility of the winner. WINNER MUST COOPERATE
WITH THE SPONSOR’S PROCEDURE FOR REDEMPTION EACH YEAR IN ORDER TO RECEIVE
THE AWARD EACH YEAR, AND ANY COSTS WHICH EXCEED THE STATED AWARD ALLOWANCE
ARE THE WINNER’S SOLE RESPONSIBILITY. Other restrictions on the award
may apply and are subject to change. If winner cannot accept the entire prize
as stated, the prize will be forfeited and awarded to an alternate winner
to be chosen by the Sponsor in accordance with the rules for the Drawing.
Actual value depends on many factors only partially explained, and difference
between actual value and stated value will not be awarded. Odds of winning
depend on the number of eligible entries received. Taxes are the sole responsibility
of winner, and the winner must supply all information required by the Sponsor
for compliance with applicable tax laws prior to release of any and all prize
installments. The Sponsor
may at any point elect to make a cash payment to the winner for the expected
net present value of the award. In this case, the cash payment would be calculated
using standard techniques for net present value and based on a life expectancy
for the winner assumed to be 78 years, a discount value of the greater of
8.0% or the prevailing rate of inflation as calculated by any government agency,
and a cash vs. merchandise discount of 55% of the retail price of the remaining
goods to be given away.
7. General Conditions.
Winner must complete, execute and return an Affidavit of Eligibility, a Liability
Release, and where lawful, a Publicity Release within 10 days of notification.
Failure to return documents timely, or if prize notification or prize is returned
as non-deliverable, or if winner is found to be ineligible or not in compliance
with these Official Rules, disqualification will result and an alternate winner
will be selected. By accepting prize, where permitted by law, winner grants
to Sponsor and those acting pursuant to Sponsor's authority (and agrees to
confirm that grant in writing) the right to use and publish his/her name,
portrait, picture, voice and likeness for advertising, trade and promotional
purposes without additional consideration, worldwide and on the world wide
web, without notification, review or approval. Entrants, by participating,
release and agree to hold harmless Sponsor, other sites promoting the Sweepstakes,
and their parents, affiliates, subsidiary companies, advertising and promotion
agencies and their respective directors, officers, employees, representatives
and agents from any and all liability for any injuries, loss or damage of
any kind to person, including death, and property, arising in whole or in
part, directly or indirectly, from acceptance, possession, use or misuse of
the prize, participation in any Sweepstakes related activity, or participation
in this Sweepstakes.Sponsor reserves
the right, at its sole discretion, to disqualify any individual it finds to
be tampering with the entry process or the operation of the sweepstakes or
web site; to be acting in violation of the Official Rules; to be acting in
violation of the terms of the web site, or to be acting in a non-sportsmanlike
or disruptive manner, or with intent to annoy, abuse, threaten or harass any
other person. Any use of robotic, automatic, programmed or like entry methods
will void all such entries by such methods, and the disqualification of any
entrant using any such methods. In the event of a dispute as to entries submitted
by multiple users having the same email account, the dispute will be resolved
in the sole discretion of the sponsor. In all circumstances, the winner will
be deemed to be a participant and must comply with these rules or forfeit
the prize.
8. Limitations of Liability:
Sponsor is not responsible for any incorrect or inaccurate information, whether
caused by web site users, tampering, hacking or by any of the equipment or
programming associated with or utilized in the Sweepstakes and assumes no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, communications line failure, theft or destruction,
or technical failure or unauthorized access to the web site. Sponsor is not
responsible for injury or damage to participants' or to any other person's
computer related to or resulting from participating in this Sweepstakes or
downloading or copying materials from or use of the web site. If, for any
reason, the Sweepstakes is not capable of running as planned by reason, for
example but not limited to, of infection by computer virus, bugs, worms, tampering,
unauthorized intervention, fraud, technical failures, or any other causes
which, in the sole opinion of Sponsor, corrupt or affect the administration,
security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor
reserves the right at its sole discretion to cancel, terminate, modify or
suspend the Sweepstakes and select the winner from entries received prior
to the action taken, or as otherwise deemed fair and appropriate by Sponsor
. IN NO EVENT WILL SPONSOR, OTHER SITES PROMOTING THE SWEEPSTAKES, OR THEIR
PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING
OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES
OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITES www.zZounds.com
or OTHER WEBSITES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED
FROM SAID SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE
IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS
MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR
ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Arbitration/Choice of Law:
Except where prohibited, entrants agree that (1): any and all disputes, claims,
and causes of action arising out of or connected with this Sweepstakes, or
any prize awarded, or the determination of the winner shall be resolved individually,
without resort to any form of class action, and exclusively by arbitration
pursuant to the Rules of the American Arbitration Association, then effective,
with arbitration proceedings to be held in Bergen County New Jersey, and (2)
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 (3) under no circumstances will entrant
be permitted to obtain awards for and entrant 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. All issues and questions concerning
the construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of entrant and/or Sponsor and/or companies
performing promotions in connection with the Sweepstakes, shall be governed
by, and construed in accordance with, the laws of the State of New Jersey,
without regard for conflicts of law doctrine, and all proceedings shall take
place in Bergen County, NJ.
10. Winners List:
For name of winner, visit www.zZounds.com. The name of the winner
will be posted at least through March 31, 2012.
Sponsored by:
zZounds Music, LLC, 8 Thornton Road, Oakland, NJ 07436.
Complete Rules:
By entering into this Sweepstakes, the participant accepts the rules and limitations
of liability described above. If any of the terms of the Sweepstakes rules
are declared to be unenforceable, all other terms will remain in force.