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Twitter Giveaway 2

“New Music Seminar Badge Giveaway on Twitter” Sweepstakes Official Rules

1. NO PURCHASE NECESSARY TO ENTER OR WIN PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, 21 YEARS OR OLDER. VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, OTHER U. S. TERRITORIES AND where prohibited or otherwise restricted by law.

2. ELIGIBILITY: The “New Music Seminar Badge Giveaway on Twitter” Sweepstakes (“Sweepstakes”) is open to legal U.S. residents of the 50 United States and the District of Columbia, who are 21 years of age or older at the time of entry. Employees, retirees, and agents of each of eMusic.com Inc. (“Sponsor”) and New Music Seminar, LLC and each of their respective parents, subsidiaries and affiliates, agencies, distributors, wholesalers and retailers, and members of such employees’ immediate families and individuals living in the same household with such employees, are not eligible to win. Sweepstakes begins on May 16, 2012, at 12:00:00 pm ET and ends on June 1, 2012, at 12:00:00 pm ET (“Sweepstakes Period”). Anyone found to use multiple Twitter accounts to enter will be ineligible.

3. TO ENTER: There are two (2) ways to enter:

(i) Using entrant’s personal Twitter account, send a message using #emusicNMS in the body of your Twitter message during the Sweepstakes Period for automatic entry into the Sweepstakes. Multiple entries during the Sweepstakes Period will not be accepted. By entering, entrants acknowledge receipt of, acceptance of and compliance with these Official Rules; or

(ii) Send a 3 x 5 card with entrant’s first and last name, age, a valid address and a valid telephone number where entrant can be reached, the email address associated with entrant’s emusic.com music account (if any) and the words “New Music Seminar Badge Giveaway on Twitter” to eMusic.com Inc., Sweepstakes, 511 Avenue of the Americas #160, New York, NY 10011. Mail-in entries must be postmarked by June 1, 2012 and received by June 5, 2012.

 

Sponsor’s computer is the official timekeeping device for the Sweepstakes. All entries become the exclusive property of Sponsor and will not be acknowledged nor will they be returned. Limit one entry per person regardless of method of entry. By entering, entrants acknowledge receipt of and compliance with these Official Rules.

4. PRIZES AND CONDITIONS FOR AWARDING A PRIZE: Two (2) Prizes will be awarded to two (2) Prize winners (i.e. one Prize per Prize winner). The “Prize” is one (1) admission badge courtesy of New Music Seminar LLC for the new Music Seminar music festival at the Webster Hall at 125 East 11th Street, New York, NY 10003 (“Venue”) from June 17 until June 19, 2012 (the “Event Date”). The Approximate Retail Value (“ARV”) of each Prize is $399 for the one (1) badge. The total ARV of the Prizes is $798. Each Prize winner must provide a valid governmental I.D. to be admitted to the Venue. Each Prize winner is responsible for any applicable fees and all insurance, federal, state and local taxes, if any, and any other unspecified expenses associated with acceptance or use of the Prize. The Prize is provided “as is” and without any warranty of any kind. The Prize is non-transferable. No cash redemption or prize substitution is allowed by any Prize winner. Sponsor reserves the right to substitute a prize of equal or greater value if a Prize is unavailable and/or undeliverable for any reason in the sole and complete discretion of Sponsor. Travel to and from New York, NY, is NOT INCLUDED in the Prize. Each Prize winner is responsible for any expenses not expressly included in the Prize description above, such as any and all travel and transportation expenses, including without limitation, air, train or ground transportation expenses, lodging, incidentals, meals, beverages and any other expenses. If any Prize winner cannot travel to New York, NY on the Event Date, or if any Prize winner cannot present their valid government-issued ID, such Prize winner will forfeit the Prize in its entirety and Sponsor may, at its option, either award the Prize to an alternative potential winner or cancel this portion of the Sweepstakes and have no further obligation to award or fulfill the Prize. Sponsor is not responsible if any part of the Prize is delayed, postponed or cancelled for any reason, in which event that portion of the Prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Each Prize winner must comply with the rules set by the Venue. All determinations and decisions of Sponsor shall be final and binding on all matters relating to the Sweepstakes.

4. PRIZE DRAWING: The Prize winners will be selected at random by Sponsor on June 6, 2012, but no later than June 16, 2012. The potential Prize winners will be notified by Sponsor via Twitter, phone and/or email on or around June 6, 2012 but no later than June 16, 2012. Potential Prize winners who enter via Twitter will be asked to follow @emusic in order to communicate instruction on collecting Prize. Any potential Prize winners must respond within 48 hours with requested information in order to allow fulfillment of Prize. Prize award is subject to verification of potential Prize winner’s identity and eligibility to Sponsor’s satisfaction. In the event (a) a potential Prize winner cannot be reached for whatever reason or does not respond within 48 hours of notification, (b) a potential Prize winner is found to be ineligible to enter the Sweepstakes, or (c) a potential Prize winner cannot or does not comply with the Official Rules, the potential Prize winner shall be disqualified and an alternate potential Prize winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. By accepting a Prize, a potential Prize winner confirms receipt of, acceptance of and compliance with these Official Rules. Each Prize winner expressly accepts that Sponsor discloses the first and last name of such Prize winner to New Music Seminar, LLC (and/or any other third party) in order to fulfill the Prize. Sponsor is not responsible if any potential Prize winner is unable to accept or use all or any portion of a Prize due to failure to comply with these Official Rules or any law, regulation or other rules which apply to the acceptance, receipt or use of a Prize.

5. ODDS: Odds of winning depend upon the number of eligible entries received.

6. GENERAL CONDITIONS: Entrants agree (a) that Sponsor, its parent, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents are released, will have no liability whatsoever for, and shall be held harmless by entrants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Sweepstake or any Sweepstakes related activities and (b) except where legally prohibited, entrants grant permission to Sponsor and those acting under its authority the right to the use of entrant’s name, picture, likeness, voice and statements, at any time or times, for advertising, trade, publicity and promotional purposes without any compensation or any additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. These Official Rules shall be governed by and construed under New York law without regard to conflicts of law provisions. The parties hereby grant to the U.S. District Court for the Southern District of New York, or the Supreme Court of the State of New York, New York County, exclusive jurisdiction to hear any disputes arising from the Sweepstakes. By entering or participating in the Sweepstakes or accepting or using the Prize, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the determination of a winner, or the availability, use or acceptance of a Prize, shall be resolved without resort to any form of class action; (ii) any and all claims, judgments and awards to any entrant shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees or costs; and (iii) under no circumstances will entrant be permitted to obtain, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. The failure of Sponsor to act with respect to a breach of these Official Rules by entrants or others does not constitute a waiver and shall not limit Sponsor’s rights with respect to such breach or any subsequent breaches. Entrants agree that entrants are bound by Sponsor’s Terms of Use located at http://www.emusic.com/info/help/terms-of-use-us/. The entry information provided is subject to the Privacy Policy located at http://www.emusic.com/info/help/privacy-policy-us/. Entrants, entries and the entry information provided by entrants are subject to Sponsor’s Privacy Policy.

7. LIMITATIONS OF LIABILITY: Sponsor is not responsible for and shall have no liability for lost, late, illegible, misdirected or incomplete, entries or email or for interrupted or unavailable satellite, network, server, Internet service provider, Internet access provider or online service provider (collectively referred to as “ISP”), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, publishing, printing, electronic or network errors or the incorrect or inaccurate capture of user IDs, password, entry or other information or the failure to capture, or loss of, any such information. Normal Internet access and usage charges imposed by entrant’s on-line service will apply. Proof of mailing or submissions is not proof of receipt by Sponsor. Persons who tamper with or abuse any aspect of this Sweepstakes, as solely determined by Sponsor, will be disqualified. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. Sponsor is not responsible for injury or damage to entrant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of Sponsor, corrupt or impair the administration, security, fairness, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes, and to conduct the random drawing from entries received prior to such action taken or as otherwise deemed fair and appropriate by Sponsor. Sponsor is 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 Sweepstakes, and assumes no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of the Twitter service. In case of dispute regarding the identity of the person who submits a Sweepstakes entry, the authorized account subscriber of the Twitter account or eMusic music account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant, and such entrant must comply with these Official Rules. IN NO EVENT WILL SPONSOR, ITS RESPECTIVE PARENT, SUBSIDIARIES AND AFFILIATED COMPANIES, THEIR RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF 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 ENTRANTS ACCESS TO AND USE OF THE TWITTER WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON TWITTER WEBSITE 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.

8. WINNERS LIST: For the winners list, write your name and complete address on a 3”x 5” card and mail in a first class, stamped envelope for receipt no later than December 31, 2012, to: New Music Seminar Badge Giveaway on Twitter Sweepstakes, Winners List, eMusic.com Inc., 511 Avenue of the Americas #160, New York, NY 10011.

9. SPONSOR: eMusic.com Inc., 511 Avenue of the Americas #160, New York, NY 10011