"CLUB" UPGRADE COMPETITION - Terms and Conditions
Hard Rock Calling 2008 – Ticket Upgrade Free Draw
1 INTRODUCTION The Hard Rock Calling 2008 – Ticket Upgrade Free Draw is owned and operated by Live Nation (Music) UK Limited (hereinafter referred to as "Our", "Us" and "We"), registered in England and Wales under Company number 2409911, whose registered office is 2nd Floor, Regent Arcade House, 19-25 Argyll Street, London, W1F 7TS.
1.2 The following are the Terms and Conditions for the Hard Rock Calling 2008 – ticket upgrade free draw (the "Upgrade Draw") and are supplemental to Our Website Terms and Conditions and the Privacy Policy on www.hardrockcalling.co.uk (“Website”).
1.3 Please ensure that you read these Terms and Conditions carefully since your entry into the Upgrade Draw 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 Upgrade Draw, you are indicating your agreement to be bound by these Terms and Conditions.
1.4 We reserve the right to cancel or amend these Terms & Conditions at any time without prior notice and by participating in the Upgrade Draw subsequent to any revision of Our Terms and Conditions, you agree to be bound by such changes. Any amendment or cancellation will be posted on 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.
1.6 Hard Rock Calling (the "Festival") is a two day festival held on Saturday 28th June 2008 ("Day One") and Sunday 29th June 2008 ("Day Two") in Hyde Park, London. Each day is unique and has a number of different acts.
2 ENTRY REQUIREMENTS
2.1 To qualify to enter the Upgrade Draw you must:
a) be a resident in the United Kingdom;
b) be able to comply with all of Our Terms and Conditions;
c) be at least 18 years old; and
d) in good time prior to the Festival be in possession of a pair of tickets for either Day One or Day Two.
You must not be:
e) an employee, an agent or a director of Live Nation (Music) UK Limited or any associated company or subsidiaries of Live Nation (Music) UK Limited;
f) an employee, an agent or a director of any advertising agency or web company connected with Live Nation (Music) UK Limited (or any party listed in clause d); or
g) any member of any of those parties as set out in Clauses (e) and(f), family.
3 COMPETITION FORMAT
3.1 Valid entries into the Upgrade Draw will be accepted from 8am on 28th January 2008 until 5pm on 9th June 2008. Any entries which are received outside of this period shall be refused regardless of the reason.
3.2 To be a valid entry, all applications to participate in the Upgrade Draw must be made on the official electronic entry form located on the Website. All required fields of information must be completed accurately and in full for an entry to be processed and accepted.
3.3 Two names will be drawn at random, 12 days before the Festival on Monday 16th June 2008 to select the winners of the Upgrade Draw and these winners will be notified using the contact details that they provide on the Website.
3.4 We shall have sole discretion regarding acceptance of your entry.
3.5 You can only enter the Upgrade Draw once.
4 PRIZES
4.1 There will be two prizes, each prize will be an upgrade to "Club Experience" for a pair of tickets for either Day One or Day Two.
4.2 The "Club Experience" upgrade will give you an enhanced package with the following additional benefits:
(i) Private entrance to Festival site
(ii) Chill-out area with DJ (Chill out area is located to the side of the stage; you are unable to view the acts performing from here.)
(iii) Private restrooms
(iv) Undercover facilities and garden seating
(v) BBQ style hot and cold fork buffet
(vi) Private cash bar facilities
(vii) Live Nation Experience access pass and wallet
(viii) Event management staff, hostess and security in attendance
4.3 The prizes are for an upgrade only. If you are selected as one of the winners in accordance with clause 3.3 above, you will be able to upgrade your pair of standard Festival tickets to "Club Experience" for either Day One or Day Two, whichever day you bought your tickets for.
4.4 There is no accommodation or subsistence provided with these prizes.
4.5 There are two prizes. There are no prize substitutions or cash alternatives and the prizes are not transferable. We shall have the right to decide on and substitute the prizes being offered for alternative prizes without notice.
5 WINNERS
5.1 You may be requested to provide proof to Us that you have complied with these Terms and Conditions.
5.2 If you win the Upgrade Draw 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 whether now or in the future, anywhere in the world.
5.3 If We notify you as a winner and You do not acknowledge such notification within 2 days from the date of 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 All intellectual property rights subsisting in the Upgrade Draw and its content, are either owned by Us or licensed to Us. You may not reproduce any materials 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 Upgrade Draw is provided on an "as is" and "as available" basis without any representation or endorsement. All warranties, conditions and guarantees relating to the Upgrade Draw 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; and
(b) We will not be liable to you, in contract, tort (including, without limitation, negligence) or otherwise in connection with the Upgrade Draw 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.
1.1
(c) 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.
(d) Except as set out in clause 8.1 our liability to You shall be limited to the cash value of one of the prizes as detailed in clause 4.
(e) 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 Upgrade Draw including but not limited to server failure, 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.
(f) We are not responsible for any websites which You may visit via hyperlinks provided on the Website and 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, demands or costs incurred by Us due to your misuse of the Website or any breach by You of Our Terms and Conditions.
9.2 Nothing contained in Our Terms and Conditions shall affect any statutory rights.
10 YOUR DATA
10.1 Your personal data will be used in accordance with the current data protection legislation, please click here www.hardrockcalling.co.uk/privacy 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 non-exclusive jurisdiction of the English Courts.
12 ENQUIRIES
12.1 For all enquiries, comments, feedback or further information please contact info@hardrockcalling.co.uk
12.2 All enquiries regarding the Upgrade Draw must be received within 10 days of the closing date of the Upgrade Draw, as set out in Clause 3.2.
© 2008 Live Nation (Music) UK Limited - All Rights Reserved