OFFICIAL
CONTEST RULES
"ELVIS: CLOSE UP" Promotion Contest
Limitations on Eligibility/Availability of Contest
The "Elvis: Close Up" Contest Promotion (the “Sweepstakes”) is open and offered only to legal residents of the 50 United States and the District of Columbia age 18 or older. If the winner is under 21, they must be accompanied by a legal guardian over the age of 21 for any travel related prize. All winners and travel guests must sign an affidavit upon acceptance of prize. Employees, officers and directors of: BMG Music d/b/a BMG ("Sponsor"), Elvis Presley Enterprises (“EPE”), Fanscape, Inc. (“Fanscape” or “Contest Service Provider”) or their parents, affiliated and subsidiary companies; their legal advisors, advertising and promotional agencies, and web suppliers for the Sweepstakes; as well as the immediate family (spouse, parents, siblings and children, regardless of where they live) or members of the households of such employees, officers or directors (whether or not related), are not eligible. By entering, you agree to these Sweepstakes “Official Rules” and the decisions of Sponsor, which are final and binding in all respects. Void where prohibited.
How to Enter
By registering for the Sweepstakes you will be agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by BMG, Elvis Presley Enterprises, and Fanscape in accordance with their Privacy Policies and may be shared with Sponsor’s affiliated business entities, and that you opt-in to receive email or other communications from BMG, EPE, or Fanscape. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email, communications or by contacting Sponsor directly. Opting-out will not affect your participation, or chances to win, in the Sweepstakes.
Promotional Period
Sweepstakes begins on June 23, 2003 at 06:00:00 P.m. Pacific Time (“PT”) and ends on August 3, 2003 at 5:59:59 p.m. (PT) (the “Promotional Period”).
Entry
To enter using the Internet, access the page located at http://www2.fanscape.com/contests/elviscloseup/signup.asp and complete all of the information fields required. Then click on the “Submit” button to be registered and receive one entry into the Sweepstakes. Your entry is not complete until you receive and view a confirmation page stating that your entry has been properly received.
Limit one (1) entry per person during the Promotional Period. Entrants may not enter with multiple email and/or multiple identities nor may entrants use any other device or artifice to obtain more than the maximum number of entries. Any entrant who attempts to participate with multiple email and/or multiple identities or uses any device or artifice to obtain more than the maximum number of entries may be disqualified.
All online entries must be received and processed by Contest Service Partner’s computer before the expiration of the Promotional Period. The Contest Service Partner’s computer is the official clock for the Sweepstakes. Any attempt to enter by any other method is void. No responsibility is assumed for lost, late, incomplete, misdirected, or illegible entries; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or 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.
Prizes
Prizes: One (1) Grand Prize winner will win a trip for two (2) to Graceland in Memphis, TN. Trip consists of round trip coach air transportation (from major commercial airport nearest winner’s U.S. residence) for winner and one (1) travel companion to an airport near the destination (as solely selected by the Sponsor), standard hotel accommodations at Elvis Presley's Heartbreak Hotel (one room, double occupancy) for two (2) nights, one (1) Platinum Tour package of Graceland, and dinner for two (2) at Elvis Presley's Memphis Restaurant. Approximate Retail Value (“ARV”): $2,500.00 Actual value of Grand Prize depends on city, date and time of departure. The difference between any stated prize value and actual prize value will not be awarded. Travel/accommodations are subject to change, and restrictions may apply. Any expenses associated with the Grand Prize not expressly specified herein are solely the winner’s responsibility. Winner and travel companion must travel together on same travel itinerary (departing and arriving from and to the same airports and flights), and travel companion must be at least 18 years of age. First Prize - ten (10) winners will receive one (1) Elvis: Close Up 4 CD Box Set, (approximate retail value - $69.99) Total ARV of all Prizes is $3,199.90. To receive a complete list of winners or a copy of the Official Contest Rules, send a self-addressed stamped envelope to Prize Fulfillment/ Elvis: Close Up, Fanscape, 3201 W. Cahuenga Blvd, Los Angeles, CA, 90068. Specify winner's list or rules on your request. WA and VT residents may omit return postage.
Selection
Winners will be selected by Contest Service Provider by random drawing from all eligible entries received during the Promotional Period. Drawing will take place within approximately five (5) business days following the end of the Promotional Period. Winners will be notified by email and Phone within approximately five (5) business days after the drawing.
Odds of winning depend on the number of eligible entries received. If a winner cannot accept a prize as stated, prize will be forfeited and awarded to an alternate winner. Prize may not be transferred, assigned, redeemed for cash or substituted, except that Sponsor may substitute prize with a prize of comparable value should stated prize become unavailable. Taxes are solely the responsibility of the winners.
General Conditions and Releases
Grand Prize winner will be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within ten (10) days after 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, then disqualification will result and an alternate winner will be selected. If winner is an eligible minor, all affidavits, releases, grants, undertakings and the like of winner must be executed and/or otherwise agreed to by minor’s parents/legal guardians on behalf of themselves and minor. By accepting prize, where permitted by law, winners grant to Sponsor and those acting pursuant to Sponsor’s authority (and agrees to confirm said grant in writing) the right to use and publish his/her name, biographical information, statements made regarding the Sponsor or the Sweepstakes (provided same are true), portrait, picture, voice and likeness for trade, advertising and promotional purposes without additional consideration, or notification, review or approval, worldwide in print, broadcast, Internet and any other form of media or mediums. By participating, winners and any travel companion (and their parents/legal guardians) release and agree to hold harmless Sponsor and its parents, affiliates, and subsidiary companies, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injury, 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 the Sweepstakes.
Sponsor reserves the right, at its sole discretion, to disqualify any individual/entries it finds to be involved with any tampering with the entry process or the operation of the Sweepstakes or the Entry Web Site; to be acting in violation of these Official Rules; to be acting in violation of the terms of the Entry 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, macro, automatic, programmed or the like entry methods will void all such entries by such methods and subject any participant using any such method to disqualification. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized account holder of the email account used to enter the Sweepstakes at the actual time of entry will be deemed to be the participant and must comply with these Official Rules. Authorized account holder is deemed to be the natural person who is assigned an email address by an Internet access provider, online service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address.
Limitations of Liability
Fanscape shall not be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the sweepstakes entry form, 2) entries, and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Sweepstakes or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize.
Unless prohibited by applicable law, entry constitutes permission to use an entrant's name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Fanscape deems appropriate for publicity purposes without any further compensation to such entrant. By entering or accepting a prize in the Contest, winners agree to be bound by these Official Contest Rules and to conform to all federal, state and local laws and regulations. When applicable, the winner (or, if the winner is a minor, the winner's parent or legal guardian) will be required to execute and return to Fanscape within five (5) business days an Affidavit of Eligibility and a Liability and Publicity Release to be eligible for the prize or an alternate winner will be selected. Winner may be required to furnish proof of identity, address and birth date in order to receive prize.
By entering, an entrant agrees to release and hold harmless Fanscape, the artist and their parent, subsidiary and affiliated entities, directors, officers,
employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively Claims)
that may arise from their acceptance, possession and/or use of any prize or their participation in this promotion, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Fanscape reserves the right to modify the rules of the Contest in any way or at any time. Fanscape reserves the right, in their sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Contest. This Contest shall be governed byCalifornia law. By participating in this contest, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and that venue shall be only in Los Angeles, California.