To celebrate their 50th Anniversary, Island Records, NeuFutur.com , and Total Assault are bringing the party to you with the chance to win a pair of 3 day passes to the best festival in the desert, The Coachella Valley Arts and Music Festival.
One lucky Grand Prize winner will win a pair of passes to see all 3 amazing days of acts including headlining mega-star artists such as The Killers, Paul McCartney and The Cure.
The Grand Prize winner as well as one runner up will keep the tunes going long after the fest is over and receive the entire The Killersâ€™ catalog, as well as the complete album catalogs of main-stage rockers Ida Maria and Airborne Toxic Event.
Donâ€™t pass up your chance to get in on the action! For more information on other acts and stage locations visit the Official Coachella Website, and sign up for the contest at http://www.totalassault.com/contests/id/01943/ .
Total Assault, LLC, will not share, sell, rent, or otherwise disclose the personal information (name, postal, address, e-mail address, etc) of the contest entrants without the advance permission, unless otherwise ordered by a court of law. Our entry process requires only a valid email address, country, zipcode or postal code, and birth date. Total Assault, LLC does not knowingly collect personal information from U.S. children under 13 without appropriate parental notice and consent. We strive to comply with the Children’s Online Privacy Protection Act (COPPA) and actively screen-out children from data collection and/or use of interactive or community features. We are committed to protecting children’s privacy.
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TA SERVICES AND RULES FOR USE
REGISTRATION AND ACCEPTANCE OF TERMS
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GUIDELINES FOR USE OF THE SERVICES
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Transmit, in connection with any Service, any Posted Content that TA, in its sole discretion, considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically-motivated, or otherwise objectionable;
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Impersonate in any Service, any person, including but not limited to, a TA official or representative, chat or message board leader, guide or host;
Disrupt the normal flow of dialogue in a chat room or otherwise act in a manner that negatively affects other participants;
Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation in the Services;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing any Services;
Invade the privacy or violate any personal or proprietary right of any person or entity; or
Infringe the intellectual property rights or similar rights, including but not limited to copyrights and trademarks, of any person or entity.
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LIMITATION OF LIABILITY
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GOVERNING LAW; ARBITRATION
These Terms of Service shall be construed and enforced in accordance with the laws of the State of California without regard to the choice of law principles thereof. You agree that any and all disputes or controversies of any nature between them arising at any time shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single neutral arbitrator (“Arbitrator”). The Arbitrator shall be an attorney or retired judge with at least ten (10) years experience in the software industry and shall be mutually agreed upon by you and TA (collectively, “the parties”). If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law. The parties shall be entitled to conduct discovery in accordance with Section 1283.05 of the California Code of Civil Procedure, provided that (a) the Arbitrator must authorize such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (b) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. There shall be a record of the proceedings at the arbitration hearing and the Arbitrator shall issue a Statement of Decision setting forth the factual and legal basis for the Arbitrator’s decision. If neither party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the Arbitrator’s decision shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. If either party gives written notice requesting an appeal within ten (10) business days after the issuance of the Statement of Decision, the award of the Arbitrator shall be appealed to three (3) neutral arbitrators (the “Appellate Arbitrators”), each of whom shall have the same qualifications and be selected through the same procedure as the Arbitrator. The appealing party shall file its appellate brief within thirty (30) days after its written notice requesting the appeal and the other party shall file its brief within thirty (30) days thereafter. The Appellate Arbitrators shall thereupon review the decision of the Arbitrator applying the same standards of review and all of the same presumptions) as if the Appellate Arbitrators were a California Court of Appeals reviewing a judgment of the California Superior Court, except that the Appellate Arbitrators shall in all cases issue a final award and shall not remand the matter to the Arbitrator. The decision of the Appellate Arbitrators shall be final and binding as to all matters of substance and procedure, and may be enforced by a petition to the California Superior Court, which may be made ex parte, for confirmation and enforcement of the award. The party appealing the decision of the Arbitrator shall pay all costs and expenses of the appeal, including the fees of the Appellate Arbitrators and the reasonable outside attorneys’ fees of the opposing party, unless the decision of the Arbitrator is reversed, in which event the expenses of the appeal shall be borne as determined by the Appellate Arbitrators. The Arbitrator shall have the power to enter temporary restraining orders, preliminary and permanent injunctions. Prior to the appointment of the Arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief in a court of competent jurisdiction in Los Angeles County, California without thereby waiving its right to arbitration of the dispute or controversy under this section. All arbitration proceedings (including proceedings before the Appellate Arbitrators) shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The provisions of this paragraph shall supersede any inconsistent provisions of any prior agreement between the parties.
Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
If any provision of the TOS shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, rules and regulations in connection with your activities under this TOS, including without limitation the applicable regulations of the U.S. Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, Site Code, and the Software are not exported in violation of the United States laws.
Effective Date: September 3, 2008
Official Sweepstakes Rules
TotalAssault.com Island Records 50th Anniversary Coachella Giveaway
This sweepstakes is void where prohibited by applicable law. The sweepstakes is open and offered only to legal residents of the United States age 13 or older. All prizes won by minors will be awarded to their parents or legal guardians on their behalf. Winners may be required to sign an affidavit of eligibility as a condition to the delivery of the applicable prize. Employees and their immediate families/household members of Total Assault, LLC and their respective parent companies, affiliates, and subsidiaries are not eligible to enter the sweepstakes.
How to Enter
No purchase necessary. To enter, submit all required information on the entry form. By entering the sweepstakes, all entrants agree to allow their email address to be placed on the Total Assault email list. All entries must include the entrantâ€™s name, birthdate, and valid email address. The first and last name provided by online entrants will be the identity of the entrant and, if selected for a prize, the identity of the winner. We reserve the right to disqualify any entries that we believe in good faith are generated by a so-called spam or automated e-mail program or via scripts and automated submission. By participating, all entrants agree to abide by these rules.
Prizes are specified on the entry page. Entries and prizes are nontransferable. No substitutions are permitted, except that sponsor reserves the right to substitute a prize of equal or greater monetary value for the grand prize. Winners shall be responsible and liable for all federal, state, and local taxes on the value of their prize.
A random drawing will take place within ten (10) days of the end of the sweepstakes. The number of eligible entrants will determine odds of winning. In the event of a dispute regarding the identity of the person submitting the entry, the entry will be deemed to be submitted by the person in whose name the email account is registered. All drawings will be conducted under the supervision of Total Assault, LLC. The decisions of Total Assault, LLC, are final and binding in all matters relating to this sweepstakes. Winner will be notified by email and/or telephone, as determined by Total Assault, LLC. Winner must claim prize within five (5) business days after the date of notification of such prize. Failure to respond to the prize notification within five (5) business days will be considered winnerâ€™s forfeiture of the prize, and an alternate winner may be selected from the pool of eligible entries. If a winner is found to be ineligible, an alternate winner may be also be selected from the pool of eligible entries. There is a limit of one entry per person and/or per family or household. Duplicate entries will be void. All entries become the property of Total Assault, LLC, and will not be returned.
General Conditions and Releases
An entrant or winner may be disqualified from the sweepstakes if he or she fails to comply with each provision of these official rules, as determined in the sold discretion of Total Assault, LLC.
Total Assault, LLC, shall not be liable for: 1. Failed, returned, or misdirected notifications based on inaccurate information provided by the winner on the sweepstakes entry form, 2. Entries, and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged, or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3. Any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit an entrantâ€™s ability to participate in the sweepstakes, 4. Any technical malfunctions of the telephone network, computer online system, computer equipment, software, program malfunctions, or other failures, delayed computer transactions, or network connections that are human, mechanical, or technical in nature, or any combination thereof, including any injury or damage to entrantâ€™s or any other personâ€™s computer related to or resulting from downloading any part of this sweepstakes or 5. Any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize.
Unless prohibited by applicable law, entry constitutes permission to use an entrantâ€™s name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Total Assault, LLC, deems appropriate for publicity purposes without any further compensation to such entrant.
By entering or accepting a prize in the sweepstakes, winners agree to be bound by these official sweepstakes rules and to conform to all federal, state, and local laws and regulations. When applicable, the winner (or winnerâ€™s parent/guardian in case of a minor) will be required to execute and return to Total Assault, LLC, within five (5) business days an affidavit of eligibility and a liability and publicity release to be eligible for the prize or an alternate winner will be selected. Winner may be required to furnish proof of identity, address, and birth date in order to receive prize. By entering, an entrant agrees to release and hold harmless Total Assault, LLC, the artist, and their parent, subsidiary, and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively claims) that may arise from their acceptance, possession and/or use of any prize in their participation in this promotion, or from any misuse or malfunction of any prize awarded, regardless of whether such claims, or knowledge of the facts constituting such claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law. Total Assault, LLC, reserves the right to modify the rules of the sweepstakes in any way or at any time. Total Assault, LLC, reserves the right, in their sole discretion, to cancel or suspend this sweepstakes should viruses, bugs, or other causes beyond their control corrupt the administration, security, or proper play of the sweepstakes. This sweepstakes shall be governed by California law. By participating in this sweepstakes, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this sweepstakes, and that venue shall only be in California.