2008 Six Flags / American Music Awards® Sweepstakes
2008 American Music Awards® Sweepstakes Official Rules
NO PURCHASE, PAYMENT OR DONATION IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT OR DONATION WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. HOW TO ENTER. The "2008 Six Flags/American Music Awards" Sweepstakes (the "Sweepstakes") is sponsored by Six Flags Theme Parks Inc. ("Sponsor"). There are two (2) ways to enter the Sweepstakes: (i) automatically with the purchase of a Six Flags 2008 Season Pass (excluding water park-only season passes) or 2008 Play Pass (where available) or (ii) by mail. No other methods of entry will be accepted. LIMIT: One (1) entry per person regardless of method of entry.
a. AUTOMATIC ENTRY: A participant who meets the eligibility requirements and who purchases a Six Flags 2008 Season Pass (excluding water park-only season passes) or a 2008 Play Pass (where available) for any theme park located in the United States that is owned and/or operated by Sponsor or its affiliates (a "Six Flags Park"), and activates it (i) online at www.sixflags.com or (ii) in-park upon issuance of a photo I.D. card, during the Entry Period (as hereinafter defined) will automatically be entered in the Sweepstakes. All Six Flags 2008 Season Pass (excluding water park-only season passes) and 2008 Play Pass purchases must be initiated and completed, and pass activated during the Entry Period to be eligible. For a list of Six Flags Parks, go to www.sixflags.com.
b. MAIL-IN ENTRY: If an eligible participant does not wish to enter by the automatic method of entry by making a purchase, you may hand print or type on a 3" x 5" piece of paper your name, complete home address, day and evening phone numbers, email address (if available), age (including year of birth) and mail it in an envelope addressed to Six Flags - AMA Sweepstakes, P.O. Box 1979, Grand Central Station, New York, New York 10163-1979. All mail-in entries must be received by Sponsor during the Entry Period. Sponsor is not responsible for lost, late, stolen, incomplete, invalid, unintelligible, illegible, damaged, mutilated, altered, misdirected or postage-due entries, which will be disqualified. No facsimiles, photocopied or mechanically reproduced entries allowed. Use of any automated system to submit entries is prohibited and will result in disqualification.
c. FOR ALL ENTRIES: All entries become the exclusive property of Sponsor and will not be acknowledged or returned. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations or logins, or any other methods will void that participant's entries and that participant will be disqualified. All entries, regardless of method of entry, must be received by Sponsor during the Entry Period.
2. START/END DATES. The Sweepstakes entry period begins at 9:00 a.m. Eastern Time on November 19, 2007 and ends at 11:59 p.m. Eastern Time on July 31, 2008 (the "Entry Period").
3. ELIGIBILITY. The Sweepstakes is open only to participants who, as of the entry date, are legal residents of the forty-eight (48) contiguous United States (i.e., excluding the States of Alaska and Hawaii) and the District of Columbia, and are at least thirteen (13) years old. The Sweepstakes is void in all other jurisdictions and where prohibited or restricted by law. Employees, officers and directors of Sponsor, dick clark productions inc. or the American Broadcasting Company, and their respective employees, officers, directors, subsidiaries, affiliates, advertising and promotional agencies, and their immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. The Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the jurisdictions where the Sweepstakes is offered and participants must be present in the United States or the District of Columbia at the time they enter.
4. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in the Sweepstakes, each participant (and, if a minor, the minor and the minor's parent or legal guardian) fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of participants and the winner, and the awarding of the prize), which are final and binding in all respects.
5. DRAWING; ODDS. Sponsor will randomly select one (1) potential prize winner for the Sweepstakes from all eligible entries received by Sponsor during the Entry Period. The drawing will be held on or about September 15, 2008. Odds of winning depend on the number of eligible entries received by Sponsor in the Sweepstakes.
6. NOTIFICATION. The eligible participant who is selected must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. A potential prize winner will be notified by telephone. If the potential winner is not present at the time of the call and a telephone message can be left by Sponsor at that time, he/she will have forty-eight (48) hours to return the call and accept the prize. A potential prize winner will be required to execute and return to Sponsor an Affidavit of Eligibility, a Liability Release and (where lawful) a Publicity Release, in order to claim the prize. Such documents must be returned to Sponsor within the time period specified by Sponsor. For a potential winner who is a minor in his/her state of residency, the minor's parent or legal guardian must also verify and confirm the participant's and such parent's or legal guardian's agreement to such Affidavit of Eligibility, Liability Release and Publicity Release in the documents provided by Sponsor in order to claim the prize. If a telephone message cannot be left by Sponsor at a potential prize winner's phone number when the Sponsor places the notification call, or if the potential prize winner does not return the notification call within forty-eight (48) hours of Sponsor's first attempt to contact the potential prize winner by telephone, or if the potential winner fails to return the required documents within the required document return period (which documents include the Affidavit of Eligibility, Liability Release, Publicity Release, and any parent or guardian authorizations and agreements), or if the potential winner is found to be ineligible, or if the potential winner does not comply with these Official Rules, then the potential winner may be disqualified and an alternate potential prize winner selected by Sponsor in his/her place at random from among the remaining eligible non-winning entries received by Sponsor for the Sweepstakes. In such event, an alternate potential prize winner will be notified by Sponsor by telephone as described above and will be required to return the required documents to Sponsor as described above, however, Sponsor, in its sole discretion, may adjust the above timing and delivery requirements to accommodate Sponsor's sweepstakes schedule, and due to such schedule and timing, Sponsor may be unable to award the prize. Sponsor is not responsible for the failure of a potential winner to receive Sponsor's telephone message or the required documents for any reason, or for the inability of such potential winner to return Sponsor's telephone message or the required documents for any reason. Upon prize forfeiture, no compensation will be given.
7. PRIZE. Subject to these Official Rules, one (1) prize will be awarded in the Sweepstakes. The prize consists of and is limited to only the following: One (1) trip for one (1) winner and up to three (3) guests (guest restrictions set forth below) to attend the 2008 American Music Awards ceremony (the "Show"), including four (4) tickets to the Show (plus inside access to sneak previews of rehearsals and musical performances as determined by Sponsor), roundtrip coach airfare for four (4) people between the major metropolitan airport nearest to prize winner's residence as of the entry date (in the event of any dispute, airport shall be as determined by Sponsor) ("Major Airport") and the major metropolitan airport nearest to the Show ("Show Airport") (carrier, seating, and travel dates and times as determined by Sponsor), three (3) nights hotel stay for four (4) people in the metropolitan area nearest to the Show (two (2) rooms with double occupancy; dates, hotel and room as determined by Sponsor), ground transportation (methods as determined by Sponsor) to and from the winner's home and the Major Airport, to and from the Show Airport and the hotel, and to and from the hotel to the Show, one (1) escort to the Show and rehearsals (as determined by Sponsor), and a meal stipend in the amount of $200 in the aggregate. A maximum of two (2) individuals out of the total four (4) attendees may be eighteen (18) years of age or younger (but in no event under thirteen (13) years of age). Prize winner and any guest who are under eighteen (18) years of age must be accompanied by at least one (1) adult who is the parent or legal guardian of the minor prize winner or guest, as applicable. Winner and guests must travel on the same itinerary and on dates and at times specified by Sponsor. Winner and companions are responsible for obtaining proper documentation (e.g., valid photo ID) prior to travel. Travel must be booked through Sponsor. All reservations subject to availability. Sponsor does not control the Show and Sponsor has no liability for any schedule changes or cancellation of the Show.
Each of the winner's guests must execute and deliver to Sponsor a Liability Release and a Publicity Release in the documents provided by Sponsor as a condition to use of any component of the prize; if the guest is a minor in his/her state of residency, the minor's parent or legal guardian must verify and confirm his or her agreement to the Liability Release and Publicity Release in the documents provided by Sponsor on the parent's or legal guardian's behalf and on the minor's behalf in order for the minor to attend and participate.
Unused components of the prize shall be forfeited and have no redeemable cash value. The winner will receive a cash stipend to defer a portion of the cost of any taxes associated with winning the prize in the amount of five hundred dollars ($500). The cash stipend will be distributed after the Show. Each winner is solely responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use not expressly specified herein as part of the prize, including, without limitation, additional transportation costs, airline change fees, additional lodging, meals, gratuities, insurance, surcharges and other costs and expenses incurred by the winner and winner's guests in accepting the prize, and all federal, state and local taxes on the prize. The winner will be issued a United States Internal Revenue Service 1099 tax form for the approximate retail value ("ARV") of the prize. ARV of the prize in the Sweepstakes is estimated to be four thousand six hundred dollars ($4,600), which includes the cash value of the stipend. Actual ARV depends on location of prize winner and the Major Airport, and fares and rates at the time of booking; if actual ARV is less than the stated ARV in these Official Rules, the difference will not be awarded in cash. Prize is non-transferable and non-assignable, and is not refundable, and must be accepted "AS IS" and as awarded. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute the prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value for any reason as determined by Sponsor in its sole discretion.
8. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes the winner's consent and the consent of each of the winner's guests for Sponsor and its designees to record and photograph the winner and the winner's guests at the Show and to use winner's and winner's guests names, biographies, likenesses, voices, photographs, opinions, hometown, state and any recording or film of winner and winner's guests for promotional purposes in any manner or media (including, without limitation, on the Internet), worldwide, in perpetuity, and without further payment, consideration or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole direction, to terminate, modify or suspend the Sweepstakes if, in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties, acts of God or failures or any other factor beyond Sponsor's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor reserves the right in its sole discretion (but does not have any obligation) to award the prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and 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 or any other provision of these Official Rules.
10. RELEASE. By entering, each participant forever and irrevocably releases and holds harmless Sponsor, dick clark productions inc. and the American Broadcasting Company and their respective parents, subsidiaries, affiliates, agents (including advertising and promotion agencies), sweepstakes partners and prize suppliers, and all of the respective employees, officers, directors, shareholders and agents of the foregoing from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from participant's participation and/or entry in the Sweepstakes and/or participant's award, receipt or use of any prize awarded in the Sweepstakes.
11. LIMITATIONS OF LIABILITY. Neither Sponsor, nor dick clark productions inc nor the American Broadcasting Company is responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, misdirected or postage due entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or the Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of the Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to participant's computer, which may be caused, directly or indirectly, in whole or in part, from participant's participation in the Sweepstakes, or from viewing, playing or downloading any material from Sponsor's website(s), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's website by a hypertext link.
12. DISPUTES. Participant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or the prize awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in New York, New York; participant submits to sole and exclusive personal jurisdiction to said courts in the State of New York for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will participant be permitted to obtain awards for and participant 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. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant or Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of New York, United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. DATA COLLECTION. Sponsor collects personal information from participants when they enter the Sweepstakes for use in administration of the Sweepstakes. When entering at the Sweepstakes' website, you may be asked to consent to receive promotional emails and information about Sponsor. Consenting to receive such emails and information is optional, and is not necessary to enter or win the sweepstakes, nor will it increase or improve your chances of winning. The information collected is subject to the Privacy Policy of Sponsor located at http://www.sixflags.com/privacy.asp.
14. OFFICIAL RULES. These Official Rules are available at the Sweepstakes section of Sponsor's website at www. sixflags.com or by sending a self-addressed postage-stamped envelope to "Six Flags - AMA Sweepstakes - Rules Request," P.O. Box 1979, Grand Central Station, New York, New York 10163-1979. Residents of Vermont need not affix return postage.
15. WINNER'S LIST. Beginning on or about November 15, 2008, you can obtain the name, city and state of the prize winner by sending a self-addressed, stamped envelope to "Six Flags - AMA Sweepstakes - Winner's List Request," Six Flags Theme Parks Inc., c/o Six Flags, Inc., Attn: JK, 1540 Broadway, 15th Floor, New York, NY 10036. Requests received after December 31, 2008 will not be honored.
16. SPONSOR. The Sweepstakes is sponsored by Six Flags Theme Parks Inc., c/o Six Flags, Inc., 1540 Broadway, 15th Floor, New York, NY 10036.
