Megadeth Invasion Give-Away Official Rules



NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS "GIVE-AWAY" IS A SWEEPSTAKES SPONSORED BY COMPLETE ENTERTAINMENT RESOURCES LLC D/B/A SONGKICK 45 MAIN STREET, SUITE 406, BROOKLYN, NY 11201 (THE "SPONSOR"). THIS SWEEPSTAKES IS BEING OFFERED TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA, THE DISTRICT OF COLUMBIA OR CANADA (EXCLUDING THE PROVINCE OF QUEBEC), WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE. ENTRY IN THIS SWEEPSTAKES CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES ("OFFICIAL RULES"). THIS SWEEPSTAKES IS VOID IN THE PROVINCE OF QUEBEC AND OTHERWISE WHERE PROHIBITED BY LAW OR REGULATION.

THIS MEGADETH (THE "ARTIST") SWEEPSTAKES (THE "PROMOTION") STARTS AT 10:00 AM EASTERN DAYLIGHT TIME ("EDT") ON THURSDAY, APRIL 13TH 2017 AND ENDS AT 5:00 PM EDT ON MAY 1ST (THE "PROMOTION PERIOD"). THE PROMOTION CONSISTS OF A SWEEPSTAKES CONDUCTED PURSUANT TO THE RULES SET FORTH BELOW.

ELIGIBILITY:

This Promotion is open to legal residents of the fifty (50) United States, the District of Columbia and Canada (excluding the province of Quebec), who are at least 18 years of age and have reached the age of majority in their state of residence (in the U.S.A. minimum of 21 in Mississippi, 19 for residents of Alabama and Nebraska) by the date of entry. Eligible minors must obtain their parents' or legal guardian's consent prior to participating. Officers, directors, members, managers, staff, independent contractors, agents and employees of Complete Entertainment Resources LLC, a Delaware limited liability company d/b/a Songkick ("Songkick") having its principal place of business at 45 Main Street, Suite 406, Brooklyn NY 11201 as Sponsor, and any of its respective parents, subsidiaries, affiliates, administrative, promotion, and advertising agencies, and any other entity involved in the development, administration, promotion or implementation of the Promotion, and members of their immediate family (spouse, parent, sibling or child and their respective spouses, regardless of where they reside), and persons living in the same household of such employees, whether or not related, are not eligible to enter or win. This Promotion is void in the province of Quebec and otherwise where prohibited by law or regulation. This Promotion is subject to all applicable federal, state, and local laws.

HOW TO ENTER:

During the Promotion Period, visit www.megadeth.com/invasion and become a member of Cyber Army to enter the Megadeth Promotion.

Multiple entries received from a single person wishing to enter this Promotion or multiple email addresses provided in association with a single entry will result in withdrawal from this Promotion and shall render any such entries void. Entries that are lost, late, misdirected, incorrect, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, will not be eligible. Sponsor reserves the right to disqualify any person tampering with the entry process. Use of bots or other automated processes to enter is strictly prohibited and may result in disqualification at the sole discretion of Sponsor. All entries shall become the sole property of each of the Sponsor and the Artist and will not be returned.

PRIZE WINNER DETERMINATION:

One (1) potential winner (a "Potential Winner") will be selected in a random drawing held on or about May 1, 2017 ("the Drawing Date"). Odds of winning a Prize (as defined below) depend on the number of eligible entries received.

WINNER NOTIFICATION:

Sponsor's decisions are final and binding on all matters relating to this Promotion. Sponsor will notify the Potential Winner via the email address provided. The Potential Winner must then reply to that email within three (3) days of receipt and include in the reply email his/her full name, phone number, and complete mailing address or forfeit the Prize. If Sponsor does not receive a Potential Winner's reply within three (3) days, Sponsor will have no further obligation to such Potential Winner. Potential Winner may at the Sponsor's request be required to execute and return an affidavit of eligibility (or if an eligible Canadian resident, a declaration of eligibility), a liability release and, where lawful, a publicity release in favor of the Sponsor. If Sponsor is unable to contact the Potential Winner, a Prize or a Prize notification is returned as undeliverable, or a Potential Winner is not in compliance with these Official Rules, Prize will be forfeited and, at Sponsor's discretion, an alternate Potential Winner will be notified for the applicable drawing. If a Potential Winner is a resident of Canada, then as a condition of receiving the Prize, he/she will be required to correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered by telephone at a pre-arranged, mutually convenient time before being declared the Winner. If such selected Potential Winner who is a resident of Canada cannot be reached by telephone he/she may be disqualified. Failure of Potential Winner who is a legal resident of Canada to satisfy any of the foregoing, comply with these Official Rules or the inability of Sponsor to contact such Potential Winner within two (2) days prior to the relevant concert date, as determined by Sponsor, for any reason will result in disqualification and Prize forfeiture. All Potential Winners are subject to verification by Sponsor whose decisions with respect to the Promotion, including but not limited to eligibility, are final and binding in all matters related to the Promotion.

PRIZES:

Each Prize winner ("Winner") will receive one (1) Megadeth Dystopia Prize Pack (the "Prize"), which includes:

• A Kiko signature Ibanez guitar
• Dystopia Deluxe VR Bundle
• Dystopia Poster signed by Dave Mustaine
• Dystopia Vinyl


Approximate Retail Value ("ARV") of each Prize: $1000 (one thousand dollars).

PRIZE CONDITIONS:

Prizes cannot be substituted, assigned or transferred or redeemed for cash, but Sponsor reserves the right, at its sole discretion, to substitute a Prize with one of comparable or greater value. Winner and Guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of Prize. Sponsor reserves the right to not award any Prize to, or to revoke full or partial Prize from, any Winner or Guest who Sponsor and/or venue personnel deem in their sole discretion may be a safety risk, have violated any venue policy or law, and/or may bring Sponsor into disrepute.

TAXES & OTHER COSTS:

Winner shall be solely responsible for payment of all applicable federal, state, and local taxes (if any), any import, withholding or income tax, and any expenses associated with receipt of the Prize and/or use not specified as awarded in these Official Rules, and any/all transportation costs, meals, souvenirs, and gratuities associated therewith, except as explicitly stated herein. The Winner may be required to submit any tax documents or tax information requested by the Sponsor or otherwise required by applicable law, to the Sponsor and/or the relevant tax authority, all as determined by applicable law, including, where relevant, the law of such Winner's country of residence. Each Winner is responsible for ensuring that he or she complies with all applicable tax laws and filing requirements. Prizes may be subject to tax withholding by the Sponsor regardless of residency. If required to do so by applicable law, the Sponsor may prior to or following the distribution of the Prize, withhold, reduce any prize, or charge prize winner in order to fulfill any tax withholding requirements imposed by or on the Sponsor by the IRS or other relevant tax authority.

GENERAL CONDITIONS:

The submission of an entry is solely the responsibility of the entrant. Any automated receipt (such as one confirming delivery of text message or e-mail) does not constitute proof of actual receipt by Sponsor of an entry for purposes of these Official Rules. By participating, each entrant agrees on his/her own behalf and on behalf of his/her heirs, executors, and administrators: (a) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Promotion itself, and to be bound by all decisions of Sponsor, which shall be binding and final in all respects relating to this Promotion; (b) to release, discharge and hold harmless Sponsor, Songkick and Artist, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents, and representatives of the foregoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including illness and death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Promotion or the acceptance, possession, use or misuse of any awarded Prize (including any travel/activity related thereto and failure of the venue to make the tickets available at the will-call; and (c) to indemnify Released Parties from any and all liability resulting or arising from the Promotion itself and to hereby acknowledge that Released Parties 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; Failure to comply with these conditions may result in disqualification from the Promotion at Sponsor's sole discretion.

In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e- mail addresses for the domain associated with the email address submitted. Potential Winners may be required to provide Sponsor with proof that such Potential Winner is the registered account holder of the email addresses associated with the winning entry. Released Parties are not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for late, lost, damaged, misdirected, incomplete, undeliverable, destroyed, garbled, stolen or postage-due mail, entries or shares; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether typographical, human, mechanical, electronic, computer, network, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of entries and/or shares, the cancellation or postponement of any concert, the announcement of the Prizes or in any Promotion-related materials. 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 Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of any website connected with this Promotion. Sponsor may disqualify anyone from participating in the Promotion or from winning a Prize (and void all associated entries/tweets) if, in its sole discretion, it determines that such person is attempting to undermine the legitimate operation of the Promotion by cheating, deception or other unfair playing practices, or intending to annoy, abuse, threaten or harass any other entrant, Sponsor, Sponsor's representatives or any other third party or that such person is engaging in any other misuse. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ANY AND ALL REMEDIES AVAILABLE (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right in its sole discretion to cancel, modify or suspend any portion of the Promotion (including, without limitation, these Official Rules) without notice, in any manner, and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules) and, in the event of cancellation, modification, or suspension, to at its discretion select the Potential Winner(s) for the drawing(s) at issue from all eligible, non-suspect entries received prior to action taken. Notice of such cancellation, modification, or suspension will be posted on http://megadeth.com/invasion

The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor, or other "force majeure" event will not be considered a breach of these Official Rules.

DISPUTES:

THESE OFFICIAL RULES AND THE RIGHTS OF ANY AND ALL PARTIES IN CONNECTION WITH THIS PROMOTION ARE GOVERNED BY, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND ALL ENTRANTS, REGARDLESS OF SUCH ENTRANT'S RESIDENCY, AGREE THAT THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE STATE OF NEW YORK. ALL ENTRANTS, REGARDLESS OF SUCH ENTRANT'S RESIDENCY AGREE TO SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE ALTERNATIVE DISPUTE RESOLUTION SERVICES PROVIDER OF SPONSOR'S CHOICE. ALL ENTRANTS AGREE, REGARDLESS OF SUCH ENTRANT'S RESIDENCY, THAT ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE STATE OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT ANY AND ALL DISPUTES AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

REQUEST FOR WINNERS' NAMES:

For the name of the Winner of the drawing (available seven (7) days after the Drawing Date) send a self-addressed, stamped, envelope to: Megadeth Sweepstakes, c/o the Sponsor (Songkick). The Sponsor will respond to all such requests received within sixty (60) days after the applicable drawing date.