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THE ORBITSUNS present the
“LAS VEGAS IS THE REASON”
LAS VEGAS WEEKEND GETAWAY RAFFLE
OFFICIAL RULES
The Raffle will begin on or about August 1, 2008, and is scheduled to end on of before December 31, 2008, ("Promotional Period"). The Raffle is subject to all federal, state, and local laws and regulations, and is void where prohibited by law.
1. ELIGIBILITY
The Raffle is open to legal residents of the State of Michigan who are twenty-one (21) years of age or older at the time of the Qualifying Purchase, as described below. The Raffle is not open to persons who on or after August 1, 2008, were or are in the employment of the Orbitsuns (“Sponsor), their record label, Raffle material suppliers, promotion or media partners, printer(s) of Raffle materials or advertising, or the immediate family members (biological or stepparent, grandparent, child, sibling or spouse of any of the foregoing), regardless of where they live, or household members of any of the above, whether related or not.
2. HOW TO OBTAIN RAFFLE TICKETS
Beginning on or about August 1, 2008, and ending on or before December 31, 2008, the purchase of, at the same time, both of the following: any Orbitsuns CD/EP AND the Orbitsuns new single, “Las Vegas is the Reason”, for the price of fifteen ($15) dollars (“Qualifying Purchase”), at any Orbitsuns live show, shall entitle the purchaser of the Qualifying Purchase to One (1) Raffle Ticket entering the purchaser into the Raffle for the Prize.
Upon making a Qualifying Purchase, the purchaser will be provided one (1) raffle ticket, which they will fill out and submit to the Orbitsuns for entry into the Raffle. All raffle tickets shall be submitted to the Orbitsuns by mailing them to the following address: The Orbitsuns, Las Vegas is the Reason Raffle, P.O. Box 612, Eastpointe, MI 48021. Purchaser is responsible for all applicable postage and/or postal charges. The Orbitsuns are not responsible for any raffle tickets which do not arrive at the above destination due to inadequate postage, improper addressing, failure on behalf of the United States Postal Service, or for any other reason.
An entrant may make as many Qualifying Purchases as they wish during the Promotional Period. However, each Qualifying Purchase shall result in the issuance of only one (1) raffle ticket per Qualifying Purchase.
3. PRIZE
Weekend Trip for Two (2) to Las Vegas, Nevada. Trip for two (2) to Las Vegas, Nevada consists of round-trip, coach-class domestic air travel for winner and one (1) guest from Detroit Metropolitan Airport to Las Vegas, Nevada; three (3) day, two (2) nights hotel accommodations (double occupancy in one (1) room). A travel allowance for the airfare associated with this prize is capped at Seven Hundred ($700) Dollars. The winner and his/her travel companion are responsible for any and all airfare costs that exceed Seven Hundred ($700) Dollars. In addition, food, beverages, telephone calls, travel documents, taxes, gratuities, personal expenses and all other expenses not specified herein are the responsibility solely of winner and his/her travel companion. Winner and travel companion are responsible for obtaining all required travel documents, e.g., a valid passport and any visas, if necessary. Ticketing must occur no less than ten (10) days prior to date of departure and is subject to availability and/or certain restrictions. All travel must be completed no later than March 1, 2009. The Orbitsuns, at their sole discretion, will structure all travel arrangements, including, but not limited to: travel destinations, travel times, travel routes and hotel accommodations. No extension will be given after the trip date has expired. Airlines, hotels and other suppliers selected will be selected at the sole discretion of the Orbitsuns. Approximate retail value of prize is based on sample airfares and hotel rates as of December 1, 2008. (Actual value may vary based on point of departure and/or fare fluctuations, and any difference between stated approximate value and actual value of prize will not be awarded.) Winner and guest must travel on the same itinerary. Guest of trip winner will be required to sign and return a Liability/Publicity Release prior to ticketing of prize. Trip prize (or any portion thereof) may not be sold, traded, transferred, assigned, rescheduled to dates not within the trip period set forth above or refunded and is not redeemable for cash. Elements of the Prize are subject to certain restrictions and subject to change. If any trip tickets, vouchers or certificates are lost or destroyed, they will not be replaced.
The Prize is not transferable or refundable and must be accepted as awarded. No cash or other substitution may be made, except as specifically provided in these rules or by Sponsor, who reserves the right to substitute the Prize (or any component thereof) for one of equal or greater value, including cash, if the Prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for any federal, state or local taxes and for any other costs and expenses not expressly listed above, including, but not limited to, state and/or federal income tax, registration, title and license fees, insurance and all other costs incurred in claiming, registering or using a prize. Except as otherwise noted above, the winner is responsible for all costs associated with any warranty, upgrade or option package. Sponsor does not make, nor is it in any manner responsible or liable for, any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including, but not limited to, its quality or fitness for any purpose. No interest will be paid on the Prize.
4. THE PRIZE WILL BE AWARDED AT A YET TO BE SCHEDULED ORBITSUNS SHOW OCCURRING DURING THE MONTH OF DECEMBER, 2008 AT A LOCAL DETROIT AREA ESTABLISHMENT. WINNER NEED NOT BE PRESENT TO WIN.
In order to claim the Prize, the potential Prize winner is required to sign and return an Affidavit of Eligibility and a Liability/Publicity Release (except where prohibited), which will be provided following the awarding of the Prize. Failure to provide all required information and signature(s) on the Affidavit of Eligibility and Liability/Publicity Release may result in forfeiture of rights to be declared the Prize winner, and/or receive the Prize. If the winner of the Prize is not present when awarded, the winner will be notified by certified mail or courier at the address provided on the Raffle Ticket, and prior to the Prize being awarded, the winner must comply with the terms and regulations referred to above. The Orbitsuns are not responsible for any Prize claims sent to the incorrect redemption address.
5. RELEASE AND LIMITATIONS OF LIABILITY.
By participating in the Raffle, entrants agree to release, indemnify, defend and hold harmless the Orbitsuns, their management, their record label, Raffle material suppliers, promotion or media partners, printer(s) of Raffle materials or advertising, promotion or other coordinating agencies involved in this Raffle, their respective franchisees, licensees, distributors and dealers, each of their respective affiliates, subsidiaries, media partners, prize providers, printer or suppliers of Raffle materials and advertising, promotion and other coordinating agencies and service providers involved in this promotion (“Promotional Parties”) from any and all claims, injuries, damages, expenses or losses and/or liabilities of any nature that in any way relates to or arises from entrant’s participation in the Raffle or receipt or use of the Prize, including, but not limited to: (a) unauthorized human intervention in the Raffle; (b) printing errors; (c) defects on Raffle Tickets; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Raffle or the verification of Raffle Tickets; and (f) injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, by entrant’s participation in the Raffle or receipt of the Prize. Entrant further agrees that liability for official Raffle Tickets containing printing or other errors or for official Raffle Tickets that are incomplete, missing or rendered inoperable due to any type of malfunction or other error is limited to replacement with one (1) Raffle Ticket. Raffle Tickets that have been tampered with or altered are void. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE RAFFLE IS IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. The Orbitsuns’ liability for inaccurate or false Prize winner notification messages resulting from error or any other cause that is not caused by participant’s fraud is limited to one replacement Raffle Ticket. In no event will the Orbitsuns and/or Promotional Parties be responsible or liable for any damages or losses of any kind, including, but not limited to, direct, incidental, consequential or punitive damages. Some jurisdictions may not allow limitations of the exclusions of liability for incidental or consequential damages; therefore, some of the aforementioned limitations or exclusions may not apply, depending on place of residence.
6. OTHER CONDITIONS.
Raffle Tickets are automatically void if any of the following occur: if counterfeited, mutilated, forged, altered or tampered with in any way; if illegible; if mechanically reproduced; if obtained outside authorized legitimate channels; if they contain printing, production, typographical, mechanical or other errors; or if they are rendered inoperable due to any type of malfunction, whether technological or otherwise. All Raffle Tickets submitted for the Prize become the property of the Orbitsuns and will not be returned. At the Orbitsuns’ discretion, all official Raffle Tickets are subject to verification by the Orbitsuns and/or and independent judging organization, if necessary, to be selected by the Orbitsuns, before any prize is awarded. Decisions of the Orbitsuns and /or judging organization, if necessary, are final, binding and conclusive in all matters. ANY ATTEMPT TO FORGE GAME MATERIALS OR TO DEFRAUD SPONSOR IN ANY WAY IN CONNECTION WITH THIS RAFFLE MAY BE IN VIOLATION OF CRIMINAL AND/OR CIVIL LAW, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK PROSECUTION AND/OR DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Participant assumes all risk of loss or damage to or destruction of official Raffle Tickets. No more than the one (1) Prize as outlined in these Official Rules will be awarded. If, for any reason, more valid Prize claims are received than there are Prizes as listed in these Official Rules, the intended Prize will be awarded through a random drawing from among all outstanding valid Prize claims. By accepting the Prize, winner consents to the use of his/her name, likeness, voice and/or biographical information for advertising and promotional purposes without additional compensation, except where prohibited by law. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Raffle materials or Web site and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.
7. GAME DATES.
The Game will begin on or about August 1, 2008, and is scheduled to end on or before December 31, 2008.
9. ODDS OF WINNING.
The odds of winning the Prize depend on the number of entries received. For a list of the Prize winners, send a separate, self-addressed, stamped envelope to: The Orbitsuns, Las Vegas is the Reason Raffle, P.O. Box 612, Eastpointe, MI 48021
8. DISPUTES.
Subject to applicable law, participants in this Raffle agree that any and all disputes, claims and causes of action arising out of or connected with the Raffle or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the state of Michigan. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participants’ rights and obligations or the rights and obligations of the Sponsor in connection with the Raffle shall be governed by and construed in accordance with the laws of the state of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the state of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Michigan.
8. FORCE MAJEURE.
If for any reason the Raffle cannot be conducted as planned by reason of tampering, unauthorized intervention, fraud, errors or technical failures, or any other causes beyond the control of the Orbitsuns which, in the sole opinion of the Orbitsuns, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Raffle, the Orbitsuns reserve the right, in their sole discretion, and subject to the applicable law, to cancel, terminate, modify or suspend this Raffle.
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