DOWNLOAD FESTIVAL 2009 MOBILE COMPETITIONS: "STAGE" and "MEET"
TERMS AND CONDITIONS
1 INTRODUCTION
1.1 "MEET" and "STAGE" competitions for Download Festival 2009 are owned and operated by Live Nation (Music) UK Limited (hereinafter referred to as "Our", "Us" and "We"), registered number 2409911, whose registered office is 35 - 36 Grosvenor Street, London, W1K 4QX
1.2 The following are the full Terms and Conditions for the "STAGE" and "MEET" competitions (the "Competitions") and are supplemental to the general Website terms of use and the privacy policy http://www.livenation.co.uk/information/privacy.aspx
1.3 Please ensure that you read these Terms and Conditions carefully since your entry into the Competition is strictly subject to them and they detail the circumstances in which We may be entitled to withhold prizes and disqualify entrants. By submitting an entry for the Competition, you are indicating your agreement to be bound by these Terms and Conditions and the terms and conditions in relation to the "MEET" and "STAGE" competitions.
1.4 We reserve the right to cancel or amend these Terms & Conditions at any time without prior notice and by participating in the Competition subsequent to any revision of Our Terms and Conditions, you agree to be bound by such changes. Any amendments or cancellations will be posted on the website www.downloadfestival.co.uk ("the Website").
1.5 We reserve the right to disqualify your entry if we have reasonable grounds to believe that you have breached any of these Terms and Conditions.
2 ENTRY REQUIREMENTS
2.1 To qualify to enter the Competition you must be able to comply with all of Our Terms and Conditions; and You must not be:
(a) an employee, an agent or a director of Live Nation (Music) UK Limited or of any associated or subsidiary companies of Live Nation (Music) UK Limited; or
(b) any member of any of those parties', as set out in Clause (a), family.
2.2 We assume that by using the Website and entering the Competition (and you warrant that) either you have legal capacity to enter the Competition and agree to these terms and conditions (i.e. that you are of sufficient age and mental capacity and are entitled to be legally bound in contract) or your parents have consented to your entry of the Competition and use of these terms and conditions.
3 COMPETITION FORMAT
3.1 All "STAGE" and "MEET" competitions open 6 June at 12 Midday and close on either 13, 14, or 15 June 2008 at midday, as listed below. Any entries which are received outside this period shall be refused regardless of the reason.
"MEET" COMPETITIONS CLOSE:
MEET Steadlur Competition closes midday, Fri 12 June 2009
MEET Opeth Competition closes midday, Fri 12 June 2009
MEET Staind Competition closes midday, Fri 12 June 2009
MEET DevilDriver Competition closes midday, Sat 13 June 2009
MEET DragonForce Competition closes midday, Sat 13 June 2009
MEET Fightstar Competition closes midday, Sat 13 June 2009
MEET Papa Roach Competition closes midday, Sun 14 June 2009
MEET Stone Gods Competition closes midday, Sun 14 June 2009
MEET Black Stone Cherry Competition closes midday, Sun 14 June 2009
"STAGE" COMPETITIONS CLOSE:
STAGE Limp Bizkit Competition closes midday, Fri 12 June 2009
STAGE Killswitch Engage Competition closes midday, Fri 12 June 2009
STAGE Billy Talent Competition closes midday, Fri 12 June 2009
STAGE Pendulum Competition closes midday, Sat 13 June 2009
STAGE DragonForce Competition closes midday, Sat 13 June 2009
STAGE Down Competition closes midday, Sat 13 June 2009
STAGE Whitesnake Competition closes midday, Sun 14 June 2009
STAGE ZZ Top Competition closes midday, Sun 14 June 2009
STAGE Dream Theater Competition closes midday, Sun 14 June 2009
3.2 We shall have sole discretion regarding acceptance of your entry.
4 PRIZES
4.1 On 12, 13, and 14 June 2009 after midday, we will pick at random a selection of potential winners from all entrants for the competitions for that day. Numbers of selected entrants will be called as soon as possible after this time. because time is short prior to the actual MEET or STAGE time, when a number is not answered, we move to the next selected entrant and call them. Entrants who answer their telephone are given full details of the "MEET" or "STAGE" prize, including when and where on the Download Festival site (at Donington Park) our staff will meet them.
4.2 There are no prize substitutions or cash alternatives and the Prize is not transferable.
4.3 We shall have the right to decide on and substitute the Prize for an alternative prize without notice.
5 WINNERS
5.1 Winners are contacted at Download Festival on the day of the "STAGE" or "MEET" prize. Photos of fans who have won "MEET" prizes will be published on the official website www.downloadfestival.co.uk, prior to 15 July 2009.
5.2 You may be requested to provide proof to Us that you have complied with these Terms and Conditions before being declared the winner.
5.3 If you are the winner of the Competition you agree, at Our request, to take part in publicity and consent to allow us to use your name and/or image in such promotional materials as We see fit now or in the future, anywhere in the world.
5.4 If We notify you as a winner and You do not acknowledge such notification, then We shall be entitled to withdraw Your right to the prize and We shall have the right to select an alternative winner at random as determined by Us.
6 FINAL DECISION
6.1 In all matters Our decision will be final and no correspondence or discussion shall be entered into with You or any other party on your behalf regarding the process or details of such decision.
7 INTELLECTUAL PROPERTY
7.1 For the purposes of these Terms and Conditions the term "Intellectual Property Rights" means patents, trade marks, service marks, trade names, registered and unregistered designs, trade or business names, copyright, (including, but not limited to, rights in software), so called "Image Rights", performance rights, database rights, design rights, rights in confidential information and any other intellectual property rights whatsoever irrespective of whether such intellectual property rights have been registered or not which may subsist in any part of the world.
7.2 All Intellectual Property Rights subsisting in the Competition and its content, is either owned by Us or licensed to Us. You may not reproduce any materials provided by Us whether on the Website or otherwise without Our express prior written consent nor do or attempt to do anything which infringes such Intellectual Property Rights or any Intellectual Property Rights licensed to Us by a third party.
8 LIMITATION OF LIABILITY
8.1 Nothing in these Terms and Conditions shall exclude or limit Our liability:
(a) for death or personal injury resulting from Our negligence;
(b) for fraudulent misrepresentation; or
(c) to the extent that liability cannot by law be excluded or limited.
8.2 Subject always to clause 8.1:
(a) the Competition is provided on an "as is" and "as available" basis without any representation or endorsement. All warranties, conditions and guarantees relating to the Competition by Us or on Our behalf, whether express or implied by law, statute, course of dealing or otherwise, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness are excluded to the maximum extent permitted by law;
(b) We will not be liable for you, in contract, tort (including, without limitation, negligence) or otherwise for any damage you may cause or personal injury you may cause or suffer in relation to the Competition;
(c) We will not be liable to you, in contract, tort (including, without limitation, negligence) or otherwise in connection with the Competition for:
(i) loss of revenues, profits, contracts, business or anticipated savings or loss of data; or
(ii) any loss of goodwill or reputation; or
(iii) any special or indirect or consequential losses;
(d) Although We have made all reasonable efforts to ensure that the Website is free from viruses and other damaging components, We cannot guarantee this. Neither can We guarantee that use of the Website will be uninterrupted, timely, secure and / or error-free;
(e) Our liability to You shall be limited to the cash value of the Prize;
(f) In any event, We will not be liable for any damages or losses whether direct or indirect that You may suffer as a result of failure by us to deliver the Competition (including, but not limited to, as a result of a server failure), including but not limited to access delays or interruptions, data non-delivery or mis-delivery, any acts of God, war or terrorism, breaches of security or unauthorised use of personal data arising from hacking and / or failure or lack of reception of telephone or mobile telephone networks. The exclusion set out in this paragraph shall apply even in the event that the loss or damage suffered by You was or should have been foreseen by Us and / or You told Us of the risk of You suffering the loss or damage in question;
(g) We are not responsible for any websites, which for the avoidance of doubt includes "Second Life", which You may visit via hyperlinks provided on the Website or any downloads, computer viruses or other damaging components generated by other websites. You visit and carry out transactions on such websites entirely at Your own risk.
9 YOUR LIABILITY TO US AND YOUR STATUTORY RIGHTS
9.1 You agree to fully indemnify Us in respect of all liabilities, damages, claims, actions, expenses (including legal fees), demands or costs incurred by Us as a result of your misuse of the Website, any breach by You of Our Terms and Conditions (including without limitation clause 7), or your acts or omissions which relate in any way to the Download Festival.
9.2 Nothing contained in Our Terms and Conditions shall affect any statutory rights which You may be entitled to as a consumer.
10 YOUR DATA
10.1 You personal data will be used solely in accordance with the current data protection legislation and any consents you give, please click here to view our Privacy Statement which forms part of these Terms and Conditions.
11 GOVERNING LAW
11.1 These Terms and Conditions are governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.
12 ENQUIRIES
12.1 For all enquiries, comments, feedback or further information please contact info@livenation.co.uk
12.2 All enquiries regarding the Competition must be received within 5 days of the closing date of the Competition, as set out in Clause 3.1.