AERO MADNESS SONG CHALLENGE
- OFFICIAL
RULES AND REGULATIONS
NO PURCHASE NECESSARY.
VOID
WHERE PROHIBITED BY LAW.
1. SPONSOR. The Aerosmith Bracket Challenge (the "Contest")
is sponsored by: PAID, INC., with offices at 40 Washington St. Suite 3000,
Westborough, MA 01581 and Tourney Logic, LLC, with offices at 5634 Southlake
Ct., Hudsonville, Michigan 49426 (collectively, the "Sponsor"). Not open to employees, officers or directors -- or to members of the
immediate family or household of any of the foregoing -- of
Aeroforce.com (“Sponsor”), PAID, Inc., Aerosmith, Rag Doll
Merchandising, Inc., Tourney Logic LLC, or any of their respective parents, subsidiaries,
affiliates, or any advertising or promotion agencies involved in this
Sweepstakes promotion (collectively, the “Sweepstakes Entities”).
2. ELIGIBILITY. The Contest is open only to legal residents of the fifty
(50) United States and the District of Columbia, who are at least eighteen (18) years of age or older as of
date of entry. Employees and their immediate families (parents, spouses,
siblings, children, household members and the spouses and children of the
foregoing) of Sponsor, and its parent companies, subsidiaries, affiliates,
divisions, trustees, franchisees, participating vendors, distributors, dealers,
advertisement or promotion agencies and affiliated agencies and their respective
employees, officers, directors, shareholders, investors, successors and assigns
(the "Contest Entities") are not eligible to enter the Contest. By
entering the Contest, participants agree to abide by all terms of these
Official Rules and the decisions of the Sponsor. The Contest is subject to all
federal, state and local laws and regulations. Eligibility, age and all claims
made by potential winners are subject to verification. Potential winner must adhere to
the official Aeroforceone website policies.
Do not proceed in this Contest if you do not fall within the eligibility
requirements set forth in these Official Rules and Regulations.
3. ENTRY PERIOD/CONTEST PERIOD. The Contest will run from March 30th,
2012 at 12 p.m. Eastern Standard Time
("EST") and conclude on May 10, 2012 at 2 p.m.
EST ("the Contest Period").
Entry to the Contest begins at 12:00
p.m. EST on March 30, 2012 and continues through 11:59 PM EST on April 5th, 2012
(the "Entry Period").
The first week of voting will begin on April 6, 2012 at 2 p.m. EST and end on April 12, 2012 at 2 p.m. EST.
The second week of voting will begin on April 13, 2012 at 2 p.m. EST and end on April 19, 2012 at 2 p.m. EST.
The third week of voting will begin on
April 20 at 2 p.m. EST and end on April 26, 2012 at 2 p.m. EST.
The fourth week of voting will begin on April 27, 2012 at 2 p.m. EST and end on May 3, 2012 at 2 p.m. EST.
The fifth and final week of voting will
begin on May 4, 2012 at 2 p.m. EST and end on May 10, 2012 at 2 p.m. EST.
4. CONTEST The object of the Contest is to correctly predict the most
voted upon (“fan favorite”) Aerosmith song by filling out a tournament bracket. To
participate in the Contest, entrants must attempt to predict which song will be
the overall fan favorite. The Contestant
may only make one (1) Prediction per Match. A Prediction needs to be
correct in order to earn Contest points. The points accrued for each
correct Prediction are as follows: first round Match = 2 point, second
round Match = 4 points, third round Match = 8 points, quarter-final Match = 16
points, semi-final Match = 32 points. Based upon the anticipated draw
size, the maximum possible point score in each Category is 160.
5. HOW TO ENTER. To enter the Contest and to vote during the above respective weeks , go to the http://www.AeroforceOne.com
website ("Entry
Site"). Once there, click on the “fun” tab, then the word “Contest.” The
text link for the Contest will take you to the Contest home page and entry
form. Then, complete and thereafter transmit the entry form
("Entry"). Information required on the entry form (collectively
"Entry Information") consists of your complete legal name (first name
and last name), complete home address consisting of street address (with
apartment number if applicable), town, state and zip code (no P.O. Boxes),
email address, daytime telephone number (including area code) and Predictions. Limit
one (1) Entry per person for the entire Entry Period; beyond this, multiple
Entries from any person will be voided; Multiple entries from any email address
will be voided. Entries must be received by 11:59 P.M. EST on April 5,
2012. All required Entry Information must be completed in full. Proof of
delivery or receipt of Entry, will not be deemed by Sponsor as proof of entry.
Any attempted form of entry other than as described herein is void.
Participants represent and warrant that they have not purchased any kind of
Internet service in order to enter Contest. Entries must be made by the
entrant only at the Entry Site. Entries made by any other individual or any
entity, and/or originating at any other web site or e-mail address, including,
but not limited to, commercial Contest subscription notification and/or
entering service sites, will be declared invalid and disqualified for this
Contest. Participants will be allowed to vote once per round during the duration of the Contest.
6. DETERMINATION OF WINNERS. At the conclusion of the Tournament, the top
three (3) eligible entrants with the highest number of points achieved will,
subject to verification and compliance with the terms of these rules, be
declared the Prize Winners. Prizes will
consist of one (1) Grand Prize, one (1) second place prize, and one (1) third
place prize (see Prizes section below for details). In the event that more than one (1) top
scoring participants are tied, Sponsor will randomly select from the winners
amongst the remaining tied entrants. All decisions of Sponsor will be
final.
7. PRIZES.
Grand Prize: One (1) Grand Prize
winner will be awarded one (1) pair of tickets to the 2012
Aerosmith Tour show location of winner’s choice; one (1) pair of Aerosmith Wheels Up Meet & Greet passes; and one (1) $250.00 gift card to
the Aeroforceone store (located at http://www.aeroforceone.com). The top-scoring
winner will be awarded one (1) Grand Prize. TRAVEL IS NOT INCLUDED. TICKETS
ARE GOOD FOR AEROSMITH 2012 TOUR ONLY.
SPONSOR IS NOT HELD LIABLE FOR ANY CHANGE OR CANCELLATION OF SHOW
DATE. GIFT CARD IS GOOD TOWARDS THE
AEROFORCEONE ONLINE STORE ONLY. The Approximate Retail Value
("ARV") of the Grand Prize is $2,850.00.
Second Prize: One (1) second
place winner will be awarded one (1) pair of ticket to the 2012
Aerosmith Tour show location of winner’s choice; one (1) pair of Aerosmith Wheels Up Meet & Greet passes; and one (1) $150.00 gift card to
the Aeroforceone store (located at http://www.aeroforceone.com). TRAVEL
IS NOT INCLUDED. TICKETS ARE GOOD FOR
AEROSMITH 2012 TOUR ONLY. SPONSOR IS NOT
HELD LIABLE FOR ANY CHANGE OR CANCELLATION OF SHOW DATE. GIFT CARD IS GOOD TOWARDS THE AEROFORCEONE
ONLINE STORE ONLY. The Approximate
Retail Value (ARV) of the Second Prize is $2750.00.
Third
Prize: One (1) third place winner will be
awarded one (1) $50 Gift card to the Aeroforceone store (located at http://www.aeroforceone.com)
and an Aerosmith Merchandise Bundle. GIFT CARD IS GOOD TOWARDS THE AEROFORCEONE
ONLINE STORE ONLY. The Approximate
Retail Value (ARV) of the third prize is $100.00.
Prize winners cannot assign
or transfer the prize to another person. Sponsor in its sole
discretion may substitute a different prize of approximately equivalent or
greater retail value. Any depictions of the prizes are for illustrative
purposes only. All federal, State, local or other taxes, if any, are the
sole responsibility of winner. One
(1) prize per winner/household. The total ARV of all prizes is $5,700.00.
8. CLAIMING PRIZES/RELEASES. Prizes are non-refundable for
cash and non-changeable once issued. If lost, prize elements will not be
replaced. Prize winners cannot assign or transfer their prizes to another
person. Fulfillment dates for Grand Prizes will be at Sponsor's sole
discretion. No substitution, transfers, or cash equivalent for prizes (or prize
components), except that Sponsor may substitute a prize (or prize component)
for one of equal or greater value for any reason. In the event that a
prize component is not available for any reason, then the remaining elements of
prize shall constitute full satisfaction of Sponsor's prize obligation to
winner and no additional compensation will be awarded. Any depictions of
prize (or prize elements) are for illustrative purposes only. Prize
Winners are responsible for any and all expenses and taxes not included in the
prize package, including, but not limited to, Federal, state and local
taxes. All arrangements are subject to availability. Prizes are
provided "as is" and without any warranty of any kind.
Eligibility, age, and all claims made by a potential winner are subject to
verification. If a potential winner cannot be reached after a reasonable
effort has been exerted, or if he/she is found to be ineligible, an alternate
winner may be selected in Sponsor's sole discretion. If the prize or prize
notification is returned as undeliverable or if the potential winner fails to
respond to notification attempts, the winner may be disqualified, and an alternate
winner may be selected in Sponsor's sole discretion. In the event the
winner declines the prize or winner fails to return completed releases
described below, Sponsor may elect, at its own discretion, to select an
alternate winner. If a dispute arises regarding who submitted an on-line
entry, the entry will be deemed submitted by the holder of the e-mail account
as determined by Sponsor. By
accepting any Prize, Prize Winners consent to the use of Prize Winners' names,
photographs and likenesses, without additional compensation, for advertising,
trade, and promotional purposes, and any and all matters related to the
Contest, in all media, whether now known or hereafter devised, in perpetuity,
except where prohibited by law. If a potential winner fails to comply
with official rules and/or to submit required documentation within the
designated period, the prize will be forfeited and an alternate winner may be
selected at Sponsor's sole discretion. In accepting prize, winner further
acknowledge that the Contest Entities have neither made, nor are in any manner
responsible or liable for, any warranty, representation or guarantee, express
or implied in fact or in law, relative to prize or prize suppliers or to any
portion thereof, including by not limited to its quality, merchantability,
mechanical condition, or fitness for a particular purpose. Sponsor shall
not be responsible or liable for its failure to contact potential winners due
to an incorrect, out of date or undeliverable mailing address, email address or
telephone number. Participants should be sure to update their user
accounts regularly with their correct contact information so that they will be
able to receive prizes if selected as a potential winner. A potential
winner, who fails to notify Sponsor with any complaint or problem within three
(3) days after attempted prize notification, forfeits their right to do
so. Sponsor is not responsible for fraudulent mail/email sent to entrants
not by Sponsor.
9. GENERAL RULES AND REGULATIONS. By entering the Contest,
participants agree to waive any rights to claim ambiguity with the Official
Rules and Regulations. All participants further acknowledge that if they are
verified as a Winner, certain of their personally identifying information may
be disclosed to third parties at least as required by law including, without
limitation, on a Winner's List. The Winners names will be kept on file for
one (1) year after the end of this Contest. Participation in the Contest
constitutes participant's understanding of and full and unconditional agreement
to and acceptance of these Official Rules. Sponsor's decision not to
enforce a specific provision of these Official Rules does not constitute a
waiver of that provision or of the Official Rules generally. The Sponsor
and Contest Entities expressly disclaim any responsibility or liability for
injury, death or loss to any person or property relating to the delivery and/or
subsequent use, misuse, malfunction, availability, and delay in delivery of the
prizes awarded. Sponsor and Contest Entities shall not be liable to Winners or
any other person for failure to supply the prizes, by reason of any acts of
God, any action(s), regulation(s), order(s) or request(s) by any governmental
or quasi-governmental entity (whether or not the action(s), regulations(s),
order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist
acts, earthquake, war, fire, flood, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or illegal), labor
or material shortage, transportation interruption of any kind, work slow-down,
civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole
control. Sponsor and Contest Entities shall not be responsible for any
cancellations, delays, diversions or substitutions or any act or omissions
whatsoever by a restaurants, transportation companies or any other persons
providing any of these services and accommodations to passengers including any
results thereof such as changes in services or accommodations necessitated by
same. Sponsor and Contest Entities shall not be liable for any loss or damage
to personal property. Neither Contest Entities nor Sponsor make any warranty,
representation or guarantee, express or implied, in fact or in law, relative to
the use of the prizes including, without limitation, quality, merchantability
or fitness for a particular purpose. Further, no responsibilities are accepted
for any additional expenses, omission, delays, re-routing or acts of any
government or authority. Sponsor may modify, rescind, cancel or revoke the
promotion at any time in its sole discretion without notice or liability. By
entering, entrants release the Sponsor and the Contest Entities, from any and
all liability for injuries, losses or damages of any kind resulting from
participation in the Contest and/or acceptance or use (or misuse) of a prize,
including any indirect, incidental, consequential or punitive damages. Entrants
who attempt to tamper with this Contest in any way shall be disqualified. All
federal, state and local laws and regulations apply. Additional restrictions
may apply. The Internal Revenue
Service requires Form 1099-MISC to be issued and filed for each recipient who
received a prize/award if the annual aggregate is at least $600 or more. The
recipient is responsible for any income tax liability and should consult
his/her tax advisor for the proper tax treatment of this income on his/her tax
return. Any attempt to deliberately damage the Contest or operation of the
Contest is unlawful and subject to legal action by the Sponsor and/or Contest
Entities who may seek damages to the fullest extent permitted by law.
10. Participation in the contest and Use of the
Site/DISQUALIFICATION. Sponsor reserves the right, at its sole discretion,
to disqualify any individual it finds, in its sole determination, to be
tampering with the entry process or the operation of the Contest, or the Site;
to be in violation of the terms of use of the Site, to be acting in violation
of the Official Rules; or to be acting in an unsportsmanlike or disruptive
manner, or with intent to annoy, abuse, threaten or harass any other person.
Without limitation of the foregoing, any use of software or hardware, including
without limitation, a program, mechanism, system, robot, "bot", macro
or other artificial device, process or manipulation ("Manipulation")
is strictly prohibited. Sponsor may suspend or discontinue the Contest if, in
its sole opinion, there is any actual or suspected tampering of the Contest, or
any other malfunction, event or activity that may affect the integrity of the
Contest. Sponsor reserves the right, in its sole discretion, to terminate any
person's participation in the Contest whom Sponsor suspects has engaged in any
Manipulation.
11. Bugs and Viruses; Irregularities; Cancellation. Sponsor reserves the
right, in its sole discretion, to suspend, cancel or modify the Contest at any
time if a computer virus, bug, malfunction, Manipulation, act of sabotage, act
of God, or any other problem, regardless of the cause, affects, compromises, or
corrupts the administration, security, or proper play of the
Contest. Notice of cancellation will be posted at the Entry
Site. Prizes that are not obtained through authorized legitimate methods,
or are the result of Manipulation, mechanical, electronic, digital or computer
or other error, are void. Sponsor shall not be obligated to award any
prize that relates to or arises out of an irregular entry or improper or
mistaken prize notification, operation or function of this contest. No more
than the stated number of prizes in these Official Rules will be
awarded. In addition to the foregoing, if for any reason (including, but
not limited to, strikes, lock-outs, acts of God, technical difficulties, and
other events not within the reasonable control of Sponsor) Sponsor cannot
continue the Contest, Sponsor may, in its sole discretion, cancel this Contest.
12. Release of Liability; Limitation of Liability. By entering the
Contest, participants agree to release the Sponsors and Contest Entities from
any and all liability claims or actions of any kind whatsoever for injuries,
death, damages or losses to persons and/or property which may be sustained in
connection with participation in the contest, and/or the receipt, ownership,
use, or misuse of any prize. Entrants agree that Sponsor, its respective
officers, directors and employees, and its agents, representatives, parent
companies, affiliates, subsidiaries, advertising, promotion, and fulfillment
agencies, and legal advisors are not responsible for and shall not be liable
for:
a) late, lost, delayed, damaged, misdirected, incomplete, illegible,
unintelligible entries, lost, misdirected or otherwise undeliverable mail, or
postage-due notices, release forms, affidavits or other correspondence;
b) potential winner's unsuccessful efforts to claim any prize;
c) any telephone, electronic, hardware or software program, network,
Internet, or computer malfunctions, slow-downs, failures, or difficulties of
any kind;
d) failed, incomplete, garbled, or delayed computer transmissions;
e) human error, incorrect, or inaccurate transcription of Entries;
f) any condition caused by events beyond the reasonable control of the
Sponsor that may cause the Contest to be disrupted or corrupted, however minor;
g) any injuries, losses, or damages of any kind, including without
limitation, personal injury, death and property damage arising in connection
with or as a result of the acceptance, possession, or use of a prize, or from
participation in the Contest;
h) any unauthorized Entries or Manipulation by a person;
i) any printing or typographical errors in any materials associated to the
Contest, or errors attributable to a malfunctioning prize notice or pop-up
window associated with the Contest;
j) any claims based on publicity rights, defamation or invasion of
privacy;
k) any damage to any entrant's (or any third person's) computer and/or its
contents related to or resulting from any part of this Contest;
l) any fraudulent mail/email sent to entrants not by Sponsor.
IN NO EVENT WILL SPONSOR, 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 OR IN CONNECTION
WITH YOUR (1) ACCESS TO AND USE OF, OR INABILITY TO ACCESS, THE SITE, (2)
DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THIS SITE, (3)
PARTICIPATION IN THE CONTEST OR ANY OF THE GAMES AVAILABLE ON THE SITE, OR (4)
ACCEPTANCE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS
SITE, INCLUDING WITHOUT LIMITATION, THE CONTEST AND THE OTHER GAMES ON THE
SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION
OF 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.
13. GOVERNING LAW. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Rules and
Regulations, or the rights and obligations of any participant and Contest
Entities, shall be governed by, and construed in accordance with the laws of Massachusetts.
In any action brought to enforce the obligation or right of any party hereunder
they consent to personal jurisdiction and venue in any court of appropriate
jurisdiction in Massachusetts. The invalidity or unenforceability of any
provision of these rules shall not affect the validity or enforceability of any
other provision.
14. Official Rules AND REGULATIONS/NAMES OF Winners. For a copy of these
Official Rules and Regulations or the names of the Winners, send a
self-addressed, stamped envelope to: PAID, INC "RULES"/"WINNER'S
LIST" (specify which), 40 Washington Street, Suite 3000, Westborough, MA
01581. The Official Rules and Regulations will be accessible from the Entry
Site during the Contest Period. The Winners Names may be posted on the
Contest Entry Site.