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Rec.fm Promotion Rules for iPad GiveAway

Abbreviated Rules:

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. Internet access is required. Only legal residents of the 50 United States (including DC) 18 years and older are eligible to participate. Void where prohibited. The Promotion entry begins at 12:00:01 AM (PT) on August 17th, 2010 and ends at 11:59:59 PM (PT) on November 17th, 2010. Value of Grand Prize is approximately $1,000.00. Odds of winning depend on the number of eligible entries. To enter visit http://rec.fm/index/win. Sponsor: Rec.fm (River Rock, LLC), Box 3033, Los Altos, CA 94024.

Official Rules:

Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the "Rec.fm Promotion" (the "Promotion"). By participating in the Promotion, entrant is representing and warranting that he or she has read, understands, and agrees to be bound by these Official Rules. These Official Rules constitute the entire agreement between entrant and the Sponsor in relation to the Promotion. These Official Rules govern the entrant’s participation and supersede any prior agreements between entrant and the Sponsor relating to the Promotion.

  • No purchase or submission is necessary: No purchase is necessary to enter the Promotion, and a purchase or payment of any kind will not increase an entrant’s chance of winning.
  • Eligibility: The Promotion is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of Rec.fm, River Rock, LLC, their affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and suppliers as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Void where prohibited. Subject to all applicable federal and state laws. Winning a prize is contingent upon (i) fulfilling all requirements set forth herein and (ii) the number of eligible entries received.
  • Sponsor: Rec.fm, Box 3033, Los Altos, CA, 94024 (“Sponsor”)
  • Timing: The Promotion begins on August 17th, 2010 at 12:00:01 AM (PT) and ends on November 17th, 2010 at 11:59:59 PM (PT) (the "Promotion Period"). Sponsor's server is the official time keeping device for the Promotion.
  • How to Enter: To enter, go to Rec.fm (the "Website") during the Promotion Period and 1) submit the “Make a rec” form on the homepage using either a valid Facebook, Twitter or email account where you can be reached on or after November 30th, 2010. 2) click the tab on the following web page and add "MyRecs" to your Facebook profile When submitting the “Make a rec” form you will have the opportunity to make a brief recommendation about a product, such as a DVD, digital camera, or other items. The provisions of the “Submission of Recommendations” section below govern all recommendation submissions. All potential winners are subject to verification before any prize will be awarded.
  • Entries and Entry Limit: Each participant may enter once (1 time) per person during the Promotion Period. No more than one person may enter using any particular Facebook or Twitter account. Any attempt by any entrant to obtain more than one entry by using multiple Facebook or Twitter accounts, email addresses, identities, registrations and logins, or any other method may void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and may result in disqualification. In the event of a dispute over the identity of an entrant, the authorized account holder of the Facebook or Twitter account used to enter the Promotion will be deemed to be the entrant. The "authorized account holder" is the natural person associated with the submitted Facebook or Twitter account. Potential winners may be required to show proof of being the authorized account holder. Entrants who do not provide all required information or who provide false information may be disqualified at Sponsor's discretion. All entries and entry information become the property of Sponsor and will not be returned. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which may be disqualified. Each participant’s browser must be set to accept cookies from Rec.fm. Failure to accept cookies may hinder registration, the rec submission process, or both and may invalidate entrant’s entry. For purposes of these Official Rules, "receipt" of an online entry occurs when Sponsor's servers actually record the entry information. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor of an online entry. In the event of any dispute as to any entry, the Sponsor will, in its sole discretion, make all final decisions regarding any disputes.
  • Submission of Recommendations: All recommendations submitted must be the original creation of the entrant. All recommendations must be positive reviews about the item being reviewed. Negative reviews may be disqualified by Sponsor. By submitting a recommendation, entrant represents and warrants that each recommendation submitted by entrant is their original creation, has not been copied in whole or in part from any other work, does not violate or infringe any copyright, trademark or other proprietary right of any person or entity, and is entrant’s sole and exclusive property. Entrant agrees to indemnify and hold Sponsor and Sponsor's officers, directors, employees and agents harmless for any losses, claims, damages, awards, penalties, settlements, or injuries incurred, including reasonable attorney's fees, which arise from any claim by any third party of an alleged infringement of copyright or any other intellectual property right arising out of the use of the recommendation by Sponsor. This indemnity shall survive the termination of this agreement. All recommendations submitted, and all rights, titles and interest thereto, including copyrights and derivative works and concepts or ideas depicted therein, become the sole property of Sponsor and may be used by Sponsor for advertising and marketing purposes or any other purpose and in any media whatsoever, including without limitation the World Wide Web, without further compensation to entrant. Sponsor reserves the right to crop, alter, modify, or distort any entry in whole or in part. Submitted entries, recs, and stories may not be acknowledged or returned.
  • Winner Selection: On or about November 20th, 2010, one potential winner will be randomly selected from all eligible entries received. By entering the Promotion, entrant agrees that Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential winners is final and binding.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.

  • Verification of Potential Winners: Potential winners must continue to comply with all terms and conditions of these Official Rules. Winning is contingent upon fulfilling all requirements. Each potential winner will be notified by Facebook or Twitter message or email to the address used to enter the Promotion within fifteen (15) business days of the end of the Promotion Period, and must respond via return email within five (5) business days of the date the initial notification email is sent. Upon initial confirmation of a potential winner's eligibility, potential winner will be sent a winner notification email containing an Affidavit of Eligibility and Liability and Publicity Release ("Affidavit"), which the potential winner must execute, have notarized, and return to Sponsor within the time indicated in the notification email. If the potential winner cannot be contacted or does not respond within the above-stated time periods or is ineligible or unavailable to receive the prize for any reason, potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor may award the prize to an alternate winner by random drawing from among all remaining eligible entries.
  • No Notification of Non-winners: Entrants that enter the Promotion but are not chosen as winners will not be notified. Requests for a winner list will be administered as set forth below.
  • Prize: One Apple iPad tablet (64 GB, WiFi with accessories) prize valued at approximately $ 1,000. (or a cash prize of $ 1,000. if for any reason the Apple iPad tablet is unavailable) will be awarded. Odds of winning the prize depend on the number of eligible entries received during the Promotion Period.

All prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Winner is responsible for all taxes on prize and all expenses not specified herein related to acceptance and use of the prize. Prize cannot be used in conjunction with any other promotion or offer and may not be separated. No prize transfers are allowed. No more than the stated number of prizes will be awarded.

  • Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor and its subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize.
  • Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions, and hometown and state for promotional purposes in any media worldwide, without further payment, consideration, or approval.
  • Limitations on Liability: By participating in the Promotion, entrant agrees that the Sponsor is not responsible, and will in no event be held liable, for any: (a) lost, late, illegible, misdirected, damaged, incomplete, stolen or garbled entries; (b) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials or for technical network, telephone equipment, electronic, computer hardware or software malfunctions of any kind or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (c) communication disruption or other disruptions related to Internet traffic, virus, bug, worm, or non-authorized intervention by whatever means caused; or (d) damage caused by a computer virus or otherwise resulting to any computer from entrant’s access of the Rec.fm website or any subpage thereof.

Sponsor is not responsible for any injury or damage to entrants or to any computer related to or resulting from participating or entering the Promotion, for theft, destruction, unauthorized access to or alteration of entries, or for problems downloading entries from the Website.

  • General Conditions: If, for any reason, the Promotion is not running as planned, due to infection by computer virus, bug, or worm, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Promotion, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Promotion in whole or in part and select a winner from among all eligible entries legitimately received prior to the cancellation, termination or modification. Notice of any cancellation, termination or modification will be posted on the Promotion landing page of the Website. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering or attempting to tamper with the entry process or the operation of the Promotion or the website, violating the Official Rules, or acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND ALL OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision
  • Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state and federal courts having jurisdiction over Santa Clara County, California, and entrant agrees to submit to the personal and exclusive jurisdiction and venue of these courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, 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, 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 entrant and Sponsor in connection with the Promotion, 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.
  • Entrant's Personal Information: Information collected from entrants is subject to the Sponsor's Privacy Policy found at rec.fm/legal/privacy.
  • Winner List: Winner List Requests will only be accepted after the Promotion end date listed above and no later than November 30, 2010. For the winner list, send an email with subject line: "Rec.fm Promotion, Winner List Request", to pr@rec.fm, or send a self-addressed stamped envelope to "Rec.fm Promotion, Winner List Request," c/o Rec.fm, Box 3033, Los Altos, CA, 94024. Rec.fm is a claimed service mark of River Rock, LLC, Inc. All other company names, brand names and trademarks are the property of their respective owners. None of the entities mentioned herein, other than River Rock, LLC, is a sponsor of or otherwise affiliated with the Promotion.
  • Sponsor’s Disclaimer of Warranty: THE SPONSOR MAKES NO WAR¬RANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND, EX¬PRESSED OR IMPLIED, IN FACT OR IN LAW, RELATING TO THE CONTEST AND/OR THE PRIZES.
  • Waiver: No waiver by Sponsor of a breach of any provision of these Official Rules or failure by Sponsor to exercise any right under these Official Rules will operate or be construed as a waiver of any subsequent breach or of that right or as a waiver of any other right.
  • Severability: By participating in the Promotion, entrant agrees that when any provision of the Promotion is found to be invalid by a court of competent jurisdiction, the entrant and Sponsor nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the provision, and that the other provisions of the Official Rules remain in full force and effect.