KillDevil Theory Metallication Giveaway
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
Metallication in Vegas (the “Contest”) is open to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of KillDevil Theory and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to federal, state, and local laws and regulations.
The Contest is sponsored by KillDevil Theory, located at 210 SIERRA BLANCA AVE, TULAROSA, New Mexico 88352-2032.
Participation in the Contest constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein.
The Contest begins on August 02, 2018 at 12:01 AM Mountain and ends on September 03, 2018 at 8:00 PM Mountain (the “Contest Period”). Entries that are submitted before or after the Contest Period will be disqualified. Submissions will be accepted for the duration of the Contest using any of the following methods:
Online: This method of entry will be available by visiting our website (http://www.killdeviltheory.com/metallication-in-las-vegas/) and following the directions provided to fill out the entry information, and submit.
Limit one (1) entry per person, per email address, and per household for the duration of the Contest Period, regardless of method of entry. Entries received from any person, e-mail address, or household in excess of the stated limitation will be void. All entries become the property of Sponsor and will not be acknowledged or returned.
SELECTION AND NOTIFICATION OF WINNERS/ODDS: Monthly Drawing: Sponsor will select one (1) potential Winner using a random drawing method from the pool of all eligible entries received up until the end of the Giveaway Period and will exclude any entrant who has won a previous Monthly Prize Drawing. The drawing time and date is located on this page http://www.killdeviltheory.com/give-away-thank-you/. Odds of being selected as a Winner are based on the total number of eligible entries received up until the date and time of the drawing. Each drawing shall be open to the public and conducted at 210 Sierra Blanca Ave, Tularosa, NM 88352. Entrants do not need to be present to win.
On or about September 07, 2018, the Sponsor will select potential winners in a random drawing from among all eligible entries received. The odds of being selected depend on the number of entries received. The potential winner of each Prize Drawing will be notified by e-mail and/or Facebook Message within seven (7) days after the drawing in which their name was chosen as a potential winner and will be advised of the prize that they are eligible to win. If any prize notification by Facebook Message or Email not answered after 3 attempts, if the e-mail notification is returned as undeliverable, or if a potential winner is disqualified or otherwise determined to be ineligible or declines to accept the prize within five (5) days of notification, or refuses or fails to comply with the Acceptance Criteria detailed below, the prize will be forfeited and an alternate potential winner may be selected at random from the remaining eligible entries received.
The potential winners will be notified by email, mail or phone. Each potential Grand and First Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to complete, electronically sign and submit a Declaration of Compliance within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails to submit the Declaration of Compliance within the required time period (if applicable), or prize is returned as undeliverable, potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Contest.
(1) Two tickets to Metallica concert in Las Vegas, Nevada on November 26th, 2018 (2) Hotel room provided for 2 nights from November 25th through November 27th
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The 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 Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney’s fees) and any other remedies from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Sponsor, and its affiliated companies, may contact Entrants for marketing purposes by e-mail, landline telephone using an automatic dialer (for which express written consent is provided at the time of entry) or post regarding publications and information relating to its products, offers and services. Entrants consent to be contacting in such manner by entering to win. No purchase or any good or service is necessary or required to enter or win. Purchase or any good or service marketed to an Entrant will not increase the likelihood of winning. Entrants may withdraw consent at any time by sending a written email request to this effect to the address below:
Subject: OPT OUT
By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Contest, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d) application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application, the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Contest or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorney’s fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New Mexico. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New Mexico, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than New Mexico.
13. ACCEPTANCE CRITERIA: Potential winner must consent to each of the following Acceptance Criteria to be considered an official winner:
a. Provide a current photograph of themselves via e-mail in the jpeg format;
b. Sign an Affidavit of Eligibility, Liability & Publicity Release (where permitted by law) within ten (10) days of notification (as detailed in the heading “Release and Limitations of Liability”); and
c. Provide feedback upon request by Sponsor on their resort experience.
14. PRIZE RESTRICTIONS: Sponsor reserves the right to offer only the stated number of prizes by random drawing among all legitimate, un-awarded, eligible prize claims. No more than one (1) prize will be offered to an Entrant and only one (1) prize will be offered per household. Prize Winners will be removed from any further drawings and will not be eligible to receive any further prizes. The Prize Winners must have concluded all their travel within 12 months of receiving their award notification or on the dates specified. Winner must be a member of the travelling party on all occasions.
All accommodations are subject to availability. No refunds, compensation or alternative dates will be offered to the Winner in the event of cancellation of a confirmed reservation by the Winner. Prizes cannot be used in conjunction with any other promotion or offer. Prizes cannot be substituted, assigned, transferred, or redeemed for cash by Winner.
All members of the Winner’s party must possess valid travel documents, including valid government identification, passport and visa where required. Any and all fees and costs and all applicable federal, state, and local taxes and expenses related to acceptance and use of the prizes not specifically stated herein, including but not limited to, air travel fees, transportation to and from airport, travel and automobile insurance, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, security fees, gratuities, food, excursions and/or other expenses, are solely the responsibility of the individual prize Winner. Winners who are U.S. residents for tax purposes will be required to complete Form W-9 for tax reporting purposes. Winners who are not U.S. residents for tax purposes will be required to complete Form W-8BEN-E prior to payment of airfare gift cards, and if necessary to comply with U.S. tax law, Sponsor will reduce airfare gift card amounts for any required income tax withholding.
Winner’s guest must be of the legal age of majority in his/her jurisdiction of residence, or, if guest is a minor child, guest must be accompanied by his/her parent or legal guardian who shall be one of the two people in the Winner’s party. The minor must stay with the parent or legal guardian in the parent’s or legal guardian’s accommodations during the trip.
To the extent permitted by law, guest (or if a minor, his/her parent/legal guardian) must execute a Liability and Publicity Release prior to issuance of a confirmed accommodation booking. In the event Winner and/or guest engages in behavior which (as determined by Sponsor in its sole discretion) is obnoxious, threatening or illegal, or which is intended to threaten or harass any other person, or which in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the vacation early, and send Winner and/or guest home, and Sponsor shall have no further obligations whatsoever (including any obligation to pay compensation) to the Winner and/or guest in respect of that vacation or any future accommodation and any future reservations will be cancelled.
In the event Winner and/or guest engages in behavior during their vacation that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects Winner and/or guest to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Winner or guest as a result of such conduct. TO THE EXTENT PERMITTED BY LAW, SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, LEGAL IMPLICATIONS OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND/MONTHLY PRIZE WINNER’S OR GUEST’S ACCEPTANCE OR USE OF THE GRAND/MONTHLY PRIZE.
All prize details are at Sponsor’s sole discretion. Sponsor is required by law to report the prize where required. An IRS form 1099 or W-8BEN will be issued to the Winner if appropriate.
15. PUBLICITY GRANT: Except where prohibited by law, Winner grants to Sponsor (which grant will be confirmed in writing on request of Sponsor), its parent company and any subsidiary thereof, affiliates, retailers, distributors, advertising and promotion agencies, suppliers, and those acting pursuant to its authority, the right and permission to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, portrait, picture, city/town of residence, voice, likeness, opinions and biographical information for advertising, trade, and promotional purposes (including the announcement of his or her name on television or radio broadcast) without additional consideration, compensation, permission, or notification.
16. MISCELLANEOUS: Any names and addresses acquired during the course of this Giveaway will be used for the purpose of soliciting additional services.
This Giveaway is neither an offer to sell nor a solicitation to residents in jurisdictions in which registration requirements have not been fulfilled, and your eligibility will depend upon the state of residency of the Entrant.
THIS ADVERTISEMENT IS BEING USED FOR THE PURPOSE OF SOLICITING PRODUCTS AND SERVICES in the U.S., Hawaii and Canada