Rainy Day Records: Sweepstakes Rules!

Saturday, January 10th, 2009

VIP Grammy Trip Official Sweepstakes/Contest Rules!

VIP GRAMMY TRIP OFFICIAL SWEEPSTAKES/CONTEST RULES!

NO PURCHASE NECESSARY in order to ENTER or WIN!

1. Eligibility: Sweepstakes is offered and open in the United States to legal United States residents and to legal residents of Canada (except residents of Quebec) who are at least 13 years old as of the date of their entry. Employees and directors of Rainy Day Records, Inc. (Sponsor), and each of their parents, affiliated and subsidiary companies and each of their immediate family (spouse, mother, father, sister, brother, daughter or son, regardless of where they live) or members of their same households (whether related or not) of such employees and directors are not eligible. By entering, you, (and if entrant is a minor in his/her jurisdiction of primary residence, his/her parents/legal guardians both on behalf of themselves and minor) agree to these Official Rules and the decisions of the Sponsor are final and binding in all respects. Void in the Province of Quebec and where prohibited.

2. Promotional Period: Promotional period begins on March 15, 2005 and ends at 11:59:59 p.m. (ET) on January 10, 2009("Promotional Period"). Internet entries (receipt of referred e-mail addresses) must be received by 11:59:59 p.m. (ET) on January 10, 2009 and mail-in entries must be postmarked by January 5, 2009 and received no later than January 10, 2009. Sponsor, however, reserves the right to terminate this promotion by giving notice as deemed appropriate to Sponsor, on this web-site, and should such notice be given then the promotion shall terminate at 11:59:59 p.m. (ET) on the 10th day thereafter. Notwithstanding any said termination, the First Prize will be awarded as set forth in these Official Rules.

3. Entry: There are two ways to enter: the Online Method and the Mail-in Method: Online Method: Access the Rainy Day Records web-site at www.rainydayrecords.net and register online (by registering online you incur no obligations other than your agreement to be bound by the respective web-site's policies and terms of service, and to receive emails from Sponsor. You can opt-out of the receipt of such email by following the directions in the email or on the web-site.) Sponsor will not sell, disclose or share the email addresses you provide to any third party (except to the extent that Sponsor may share the email addresses on a strictly confidential basis with any service provider which assists Sponsor in forwarding such emails). You will receive one entry in the First Prize Drawing for each valid email address that you provide, up to a maximum of 30 entries for the entire promotional period. Please have the email sent only to those persons with whom you have either personal or professional relationships, that you feel would be interested in hearing about Rainy Day Records and the VIP Grammy Trip Sweepstakes. Should you have email forwarded to persons other than as stated, you may be disqualified. Further, have only one email forwarded to any person; so if a person has more than one email address have the email sent to only one address. Any other attempt at Internet or email entry is void.

Mail-in Method: To enter by mail, on a 3"x5" card in black or blue ink hand print your full name, complete home address including zip code, home telephone number with area code, date of birth, gender, email address, and in the upper right hand corner of the card, your home phone number (including area code) followed by your first, middle and last initials and mail in a first class stamped envelope to: VIP Grammy Trip Sweepstakes - Entries c/o Rainy Day Records, 2011 Three Stars Road; Edmond, Oklahoma 73034. No copies, facsimiles, or reproductions will be accepted. Each properly completed and received card will receive Five (5) entries. Limit 2 mail-in cards per person, each mailed separately. No metered mail will be accepted. Limit Ten (10) entries per person. No responsibility is assumed for lost, late, incomplete, stolen, misdirected, or illegible entries, or postage due mail, email, or attempts to enter by email; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, lack of Internet accessibility or availability, traffic congestion, or technical failure of any kind, or unauthorized human intervention, or the incorrect or inaccurate capture of entry information, or the failure to capture any such information.

4. Drawing: The Grand Prize winner will be selected by random drawing from all eligible entries received on or about January 10, 2009. The winner of the drawing will be notified by email, telephone, overnight carrier, or regular mail within approximately 7 days of the drawing. The drawing will be conducted under the supervision of Rainy Day Records, Inc. and an independent Third Party, either a Certified Outside Counsel or an Independent Certified Public Accountant. The Grand Prize cannot be transferred, assigned, redeemed for cash or substituted except by Sponsor due to prize unavailability, and then for a prize of equal or greater value. Taxes are the sole responsibility of the winner. If winner is a minor prize may be awarded in the name of, or to, winner's parent/legal guardian.

5. Prizes/Odds: (1) Grand Prize: Odds depend on number of eligible entries received. However, the awarding of the Grand Prize will be dependant on a minimum of Twenty Thousand (20,000) Online Entries being received by the Sponsor. In the event that fewer than Twenty Thousand (20,000) Online Entries are received by the Sponsor, the awarding of the Grand Prize will be solely at the discretion of the Sponsor. (2) First Prize: Odds depend on the number of eligible entries received. The First Prize will be awarded no matter how many Online Entries and/or Mail-In entries are received by the Sponsor.
Should the winner of either the Grand Prize and/or the First Prize fail to properly claim their Prize Award within Ten (10) days of receipt of notification of vehicle's availability, prize will be forfeited. For all Prizes: If any winner cannot accept prize as stated, that winner will forfeit their prize and an alternate winner will be selected. While a particular prize may be featured at any time during the promotion, winner will be given the choice of selecting any one of the above prizes.

6. General Conditions: Winner (and winner's parents/legal guardians both on behalf of themselves and minor winner) must complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, Publicity Release within 7 days of notification. Failure to return documents timely, or if prize notification or prize is returned as non-deliverable, or if winner is found to be ineligible or not in compliance with these Official Rules, may result in disqualification, with an alternate winner then being selected.
Where permitted by law, winner, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner), (and in those instances when interim drawings have taken place, potential winners who have been selected in the interim drawings) agrees to grant to Sponsor, and those acting pursuant to its direction or control (and confirm such grant in writing upon request), the right 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, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration, and without notification, review or approval.
Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, Sponsor may in its sole discretion, bear such reasonable costs and expenses which Sponsor, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity.
By accepting a prize a winner, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner), agrees that any Affidavit and/or Releases, and any grant of permission to use the winner's name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by Sponsor electronically, for example but not limited to, by email or by facsimile, and such secured Affidavit and/or Releases and permission will have the same force and effect as if any of them had been secured in a written document which was physically executed by the winner.
Further, by accepting a prize, each winner, and winners' parents or legal guardians if winner is a minor (both on behalf of themselves and winner), releases and agrees to hold harmless Sponsor, Rainy Day Records, and their parents, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes.
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or web-site; to be in violation of the Terms of Service of the web-site; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods and persons using any such methods will be disqualified.
If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right to cancel, terminate, modify or suspend the Sweepstakes and conduct a random drawing to award the Prizes using all eligible non-suspect entries received as of the date on which any such action is taken or as deemed fair and appropriate by Sponsor. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://www.rainydayrecords.net.
ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB-SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Limitations of Liability: Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any web-site, or any combination thereof.
Sponsor is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by web-site users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web-site. Sponsor is not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the web-site.
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 YOUR PARTICIPATION IN THIS PROMOTION, ACCESS TO AND USE OF INTERNET SITE WWW.RAINYDAYRECORDS.NET OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR 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.

8. Disputes: Except where prohibited, as a condition of participating in this Promotion, participant (and their parents/legal guardians if participants are minors) agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, or the determination of winners shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. 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, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Promotion), and participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of Oklahoma, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in that State in the City of Oklahoma City, Oklahoma County. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

9. Winners List: For name of the Grand Prize Winner and/or the First Prize Winner send a self-addressed stamped envelope for receipt by January 10, 2009 to: VIP Grammy Trip Sweepstakes - Entries c/o Rainy Day Records, 2011 Three Stars Road; Edmond, Oklahoma 73034. The name of the Grand Prize Winner and the First Prize Winner may also be posted at www.rainydayrecords.net. Sponsored by: Rainy Day Records, Inc., 2011 Three Stars Road, Edmond, Oklahoma 73034.