
“RHINO MUSIC APTITUDE TEST (RMAT)” CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. “RMAT” Contest and these official rules are governed, construed and interpreted under the laws of the United States. Open and offered only to legal residents of the 50 United States and District of Columbia (excluding Puerto Rico, US Virgin Islands and Guam) who are eighteen (18) years of age and older (or for residents of Alabama and Nebraska, 19 years of age or older) at time of entry . Employees and directors of Rhino Entertainment Company, Warner Music Group, WEA Distribution, and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, advertising, promotion and production agencies, and Web masters and Web suppliers (and their respective IRS dependents, immediate family members (children, spouse, parents and siblings) and individuals residing in their same household) are not eligible to participate. All federal, state, local laws and regulations apply. Void where prohibited, taxed, licensed or restricted by law.
PROMOTION PERIOD. This Contest will take place both (i) via an interactive “simulcast” RMAT test taking place on the internet (the “Internet RMAT”) and (ii) in-person at the Flatstock exhibition in the Austin convention center in conjunction with the SXSW Music Festival and conference in Austin, Texas (the “Austin RMAT”). The Internet RMAT will take place online at http://www.rhino.com/rmat/ and will begin at 9:00 p.m. Eastern Standard Time on March 14, 2008. Internet RMAT contestants must access the RMAT questions and compete and transmit the answers within one (1) hour. The Austin RMAT begins at 3:00 PM Central Standard Time (“CST”) on March 14, 2008 in Austin, Texas at the location described above. The RMAT is a music trivia test, consisting of three hundred (300) questions. Contestants have exactly one (1) hour to answer as many questions as they can. Only correct answers are counted towards the calculation of the final test score.
ENTER THE INTERNET RMAT BY: Accessing the page on the World Wide Web at - http://www.rhino.com/rmat/. Follow the on-screen instructions and download the test. Be sure to include all contact information - name, address, birth date, contact phone and contact email. Rhino's computer will be the official time clock for the Contest. Any attempt by any person to obtain more than one entry by using multiple/different email or wireless accounts or any other methods will void all of that person's entries and that person will be disqualified. Furthermore, each person taking the Austin RMAT will be ineligible to participate in the Internet RMAT.
ENTER THE AUSTIN RMAT BY: Registering to participate at the location mentioned above at least one (1) hour prior to the Austin RMAT (or online at www.rhino.com/rmat/) start time and being physically present at the testing location at least thirty (30) minutes prior to the Austin RMAT start time.
NO RESPONSIBILITY IS ASSUMED FOR ANY CANCELLATION OR RESCHEDULING OF EITHER THE AUSTIN RMAT OR THE INTERNET RMAT, IN WHOLE OR IN PART. IN THE EVENT THAT EITHER OF THE RMAT TESTS ARE CANCELLED OR POSTPONED FOR ANY REASON, RHINO MAY AWARD THE PRIZE BASED ON PARTIAL RMAT RESULTS, OR BASED SOLELY ON EITHER THE INTERNET RMAT OR THE AUSTIN RMAT RESULTS, DEPENDING ON THE CIRCUMSTANCES SURROUNDING A PARTIAL CANCELATION, AND SUCH AWARDING OF THE PRIZE SHALL CONSTITUTE FULL SATISFACTION OF RHINO'S PRIZE OBLIGATION TO WINNER(S) AND NO SUBSTITUTE OR ADDITIONAL COMPENSATION WILL BE AWARDED.
WINNER SELECTION.
The highest scoring contestant from each of the Internet RMAT and the Austin RMAT shall be selected as the winners of their respective RMAT. From these two winning contestants, the one with the highest overall score, will be selected as the “Grand Prize Winner”, and the runner-up will be selected as the “First Runner-Up”. In the event of a tie, the selection of the Grand Prize Winner and the First Runner-Up shall be subject to a pre-determined tie-breaker.
PRIZES.
One (1) Grand Prize: One (1) Grand Prize winner will be added to Rhino's gratis mailing list, and will receive a physical copy of every new domestic audio and audio-visual release on the Rhino label (but specifically excluding: (i) catalog items inherited from other companies, whether or not a part of Warner Music Group, (ii) products for which Rhino is acting solely as a manufacturer and/or distributor, (iii) products where Rhino has licensed the rights to a third party for manufacture and/or distribution, (iv) products which are restricted or exclusive releases, (v) products which have "sold out" or for which manufacture has been discontinued or placed on hold, (vi) products produced by Rhino's Custom Products division, (vii) products originating form a territory outside of the United States (i.e., international releases which are licensed by Rhino for sale in the United States or which are only available in a foreign territory), (viii) merchandise, photographs or artwork, or (ix) VHS or cassette tape formats of any releases). Furthermore, each product shall be "drilled", "cut" or marked for promotional purposes so that units may not be returned to retail or wholesale sellers. The Grand Prize winner shall continue to receive new Rhino product for the remainder of the Grand Prize winner's lifetime. In the event that Rhino Entertainment Company shall cease to exist, for any reason, then the Grand Prize shall be canceled and Rhino's affiliates, parent companies, subsidiaries and/or successors-in-interest shall not be liable to the Grand Prize winner for the cancelation of the Grand Prize. The Grand Prize is non-assignable and non-trasnferable. Total Approximate Retail Value (ARV) of Grand Prize: $50,000.
First Runner-Up Prizes: One (1) First Runner-Up Prize Winner and the Grand Prize Winner (in addition to receiving the Grand Prize described above) will each receive one hundred (100) essential Rhino Compact Discs as chosen by Rhino's A&R department from the Rhino catalog. Total ARV of the two (2) First Runner-Up Prizes: $8,000.
Total ARV of all prizes combined: $58,000. WINNERS ARE RESPONSIBLE FOR ALL TAXES, FEES, SURCHARGES, PASSPORTS, INSURANCE, TRANSPORTATION, MEALS, GRATUITIES, PERSONAL EXPENSES, INCIDENTALS AND OTHER EXPENSES NOT EXPRESSLY LISTED ABOVE.
The potential prize winners will be notified by email at the email address provided with the entry form on or around thirty (30) days following the completion of the RMAT tests. All prize winners will be required to execute an Affidavit of Eligibility and Publicity/Liability Release, where lawful, which must be returned within two (2) days of attempted prize notification. If documents are not returned on a timely basis, or if prize notification or prize is returned as non-deliverable, or if winner and/or guest, if applicable, are found to be ineligible or not in compliance with these official rules, such prize will be forfeited and awarded to an alternate winner. There is no substitution for any prize or portion thereof, except due to unavailability for any reason, in which case a prize of equal or greater value will be awarded at the discretion of Rhino. The prize is not transferable, assignable or redeemable for cash. The prize winner will be fully responsible for any and all federal, state and local taxes.
If selected as the prize winner, prize winner agrees, except where prohibited, to grant (and agree to confirm that grant in writing) permission for Rhino and its parent companies, subsidiaries, franchisees, affiliates, licensees, agents, and those acting under its authority, to use his/her name, entry contents, visual and audio likeness, performances, biographical data and statements for any purpose, including but not limited to any commercial or publicity purpose, in perpetuity and throughout the universe, in any and all media now known or hereafter devised, worldwide and on the Internet and/or World Wide Web, without further notice, review, approval or additional compensation or consideration.
GENERAL CONDITIONS. Rhino, its Internet, product and service providers, WEA, and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, and all of their respective directors, officers, employees, agents, independent contractors and advertising, promotion and production agencies (collectively, the “Contest Entities”) make no warranties, express or implied.
PRIVACY STATEMENT. By participating in this Contest, you acknowledge and agree that Rhino is collecting your personal information solely for the purpose of administering the Contest and will be kept only as long as required by law. Your personal information will not be retained by Rhino when this Contest concludes. For additional information, please consult the Legal/Privacy Information link of Rhino home page at www.rhino.com/privacy/
LIMITATIONS OF LIABILITY. By entering, participants, their agents, assigns and successors release and shall hold harmless the Contest Entities from any and all liability for any costs or expenses resulting from entry in the Contest or any Contest-related activity and from any and all liability for any injuries, losses or damages of any kind to persons, including death, or property caused by any prize or resulting in whole or in part, directly or indirectly, from acceptance, possession, quality, use or misuse of any prize, or any portion of the prize, or parts thereof; or participation in this Contest or any Contest-related activity, including but not limited to any travel to or attendance at the concert prize event; or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize; and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery.
The Contest Entities are not responsible for any kind of computer transmission, electronic, hardware, internet, software, network, servers or providers, technical, satellite, cable or telephone interruption, unavailability, malfunctions, or failures; or for any virus, worms or bugs; or for unauthorized access to, or alteration of entries; or for jumbled, scrambled, delayed, or misdirected transmissions; or for any damaged, destroyed, delayed, garbled, illegible, incomplete, unintelligible, late, lost, misaddressed, misdirected, non-delivered or stolen entries; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information; or for any other errors of any kind, whether human, mechanical, electronic or network. Persons who tamper with or abuse any aspect of the Contest or Web site, as solely determined by the Rhino, will be disqualified, and Rhino reserves the right to terminate such entrant's eligibility. Entries generated by robotic, programmed, script, macro or other automated means will be disqualified. The Contest Entities are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Contest or downloading materials from the Web site. Without limiting the release provided above, and for greater certainty, Rhino and its agencies will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users, site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest, or by any error, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized use of or access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses, worms or bugs; (d) any failure of any message to be received by or from Rhino for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant's or other person's system or equipment occasioned by participation in this Contest. In addition, Rhino is not responsible if the Contest cannot take place or if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the e-mail account used at the time of entry. The “authorized account holder” is defined as the natural person who is assigned an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account subscriber.
IN NO EVENT WILL THE CONTEST ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM CONTEST WEB SITE OR ANY OTHER WEB SITE ASSOCIATED WITH THIS CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE AND ON-SITE AT THE AUSTIN RMAT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW 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.
Participant agrees that by entering this Contest, the Contest Entities may seek damages from participant if participant deliberately damages the Contest website or any other web site in conjunction with participant's partaking in this Contest or if participant interferes with the legitimate operation of this Contest, in violation of civil or criminal law.
If, in Rhino's exclusive judgment, this Contest becomes compromised in any way by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Rhino, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Rhino reserves the right to modify or withdraw the Contest offer, cancel any method of entry and/or select the prize winners from all eligible entries received prior to the action taken.
DISPUTES.
THIS CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Los Angeles County, California, having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Contest), and participant further waives all rights to have damages multiplied or increased.
WINNERS LIST. For a printed copy of the Official Rules or a Winners List, send a self-addressed, stamped envelope, to “Rhino Musical Aptitude Test” Contest Rules or Winners List (indicate which), 3400 W. Olive Avenue, 4th Floor, Burbank, CA 91505. Requests must be received by March 14, 2008. Winners List replies will be sent after completion of the Contest.
CONTEST SPONSOR. The Contest sponsor is: Rhino Entertainment Company, 3400 W. Olive Avenue, 4th Floor, Burbank, CA 91505