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Shinedown Insanity Rules

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  • June 10 2001
    Shinedown Insanity Rules
    By  Thanh

    54141.1B/JK/6/11/13
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    THE SHINEDOWN “INSANITY GIVEAWAY” SWEEPSTAKES – OFFICIAL RULES
    The Shinedown “Insanity Giveaway” Sweepstakes (the "Sweepstakes") is sponsored by Atlantic
    Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104, (“Atlantic”) (the
    "Sponsor"), and promoted and operated through Atlantic recording artist Shinedown’s website located at
    http://www.shinedown.com/ (the "Sweepstakes Site"). The Sweepstakes begins on June 24, 2013 at
    10:00 a.m. Eastern Time ("ET") (the "Start Date"), and ends on July 16, 2013 at 11:59 p.m. ET (the "End
    Date") (such period, the "Sweepstakes Period"). BY ENTERING OR OTHERWISE PARTICIPATING IN
    THE SWEEPSTAKES, ALL ENTRANTS AND OTHER PARTICIPANTS (“Entrant”) AGREE TO ABIDE BY
    THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO
    THIS SWEEPSTAKES.
    1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE SWEEPSTAKES.
    a. Eligibility in General. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY
    TO ENTER OR WIN THIS SWEEPSTAKES. The Sweepstakes is open to any individual who is, as of the
    Start Date, (i) a legal resident of one of the forty-eight (48) contiguous United States or the District of
    Columbia (the "Eligibility Area"); and (ii) at least 18 years old. VOID OUTSIDE OF THE ELIGIBILITY
    AREA AND WHERE OTHERWISE PROHIBITED BY LAW (certain states may impose additional eligibility
    restrictions). Odds of winning are determined by number of entries received. Misrepresentation of age,
    upon discovery by Sponsor, will disqualify the applicable participant. Employees, officers, directors,
    shareholders, agents, and representatives of Sponsor, Warner Music Inc., and their respective affiliates
    (including without limitation, for Sponsor and Warner Music Inc., their respective labels and artists),
    licensors, and advertising and promotional agencies (the foregoing entities, the "Sweepstakes Entities")
    and the immediate family members and members of the same households of any such employees,
    officers, directors, shareholders, agents, and representatives, are not eligible to .participate in the
    Sweepstakes in any manner except as otherwise expressly provided herein (e.g., as non-Entrant
    individuals judging Entries during specific stages of the Sweepstakes) or to win any prize. Sponsor
    reserves the right, at any time and in its sole discretion, to refuse to allow any individual to participate or
    continue to participate in the Sweepstakes, or to disqualify any individual it suspects to be tampering with
    the entry process or the operation of the Sweepstakes, or the Sweepstakes Site; to be in violation of any
    terms and conditions governing the use of the Sweepstakes Site (collectively, "Terms of Use") or any
    privacy policies governing the submission of information through the Sweepstakes Site (collectively,
    "Privacy Policy"); to be in violation of these Sweepstakes rules (the “Official Rules”); to be acting in bad
    faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or
    harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES SITE
    OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A
    VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SUCH
    AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES
    FROM ANY RESPONSIBLE PARTICIPANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW,
    INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. By participating in the Sweepstakes in
    any manner, you agree to be bound by these Official Rules and by all decisions of Sponsor, which
    decisions shall be final and binding in all respects. Sponsor reserves the right to disqualify any Entrant
    (as defined herein) if, in Sponsor’s sole discretion, such Entrant is ineligible, unable, or unwilling to
    continue his or her participation in the Sweepstakes.
    b. How to Participate in the Sweepstakes. Beginning on the Start Date, Entrants may log
    on to the Sweepstakes Site and follow the instructions thereon to participate in the Sweepstakes (“Entry”)
    including, without limitation, signing up for Shinedown’s email list. By participating in the Sweepstakes,
    each Entrant is confirming that they have read and agree to comply with: (i) these official rules; (ii)
    Atlantic’s terms of use, located at http://atlanticrecords.com/terms-of-use/; and (iii) all other Sweepstakes
    requirements. Additionally, by participating in the Sweepstakes, each Entrant is confirming that they have
    read and understand Atlantic’s privacy policy, located at http://atlanticrecords.com/privacy-policy/. Joint
    entries are not accepted. Entrants may submit only one Entry. In the event of a dispute as to the origin
    of an Entry, the authorized account holder of the email address, associated with the Entry to be the
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    Entrant. Potential Winners (defined below) may be required to show proof of being the authorized email
    address account holder, as determined by Sponsor in its sole discretion.
    2. THE SWEEPSTAKES.
    a. Determining the Winner. Sponsor and/or its designees (the "Judges") will review all
    eligible Entries for conformity to the rules. On or about July 16, 2013, Judges will choose at random four
    (4) potential winners (the “Potential Winners”). NO ENTRANT WILL BE DEEMED TO BE A WINNER,
    OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS
    BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH
    VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR
    REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2(b)
    BELOW). Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does
    not receive a sufficient number of eligible and/or qualified Entries. Sponsor may, in its sole discretion,
    contact the Potential Winners and require such Potential Winners to submit to a background check to
    help ensure that such Potential Winners’ continued participation in the Sweepstakes will not, in Sponsor’s
    sole discretion, damage the Sweepstakes or otherwise reflect adversely on the Sweepstakes Entities;
    require such Potential Winners to answer additional questions or participate in additional screening
    procedures; require such Potential Winners to sign consent forms, releases (including, without limitation,
    Sponsor’s standard “Affidavit of Eligibility and a Liability/Publicity Release”); and/or disqualify any
    Potential Winner who is unable or unwilling to do or provide any of the foregoing (“Clearance Process”).
    The Potential Winners must complete the Clearance Process within two (2) days from the moment of
    notification to receive any Prize. Upon completion of the Clearance Process, the Potential Winners will
    be designated a “Winners.” Sponsor reserves the right to provide an independent third party (the
    "Auditing Entity") with the Entry submitted by the Potential Winners in order that such Auditing Entity may
    examine such Entry and confirm, subject to its and Sponsor's discretion, that the Entry comply with these
    Official Rules. In the event that any Potential Winner elects to end his or her participation in the
    Sweepstakes, is unable to participate further in the Sweepstakes for any reason, or is, in Sponsor’s sole
    discretion, deemed to be ineligible to participate, Sponsor reserves the right to select alternate Potential
    Winner(s) in its sole discretion.
    b. Prize. PLEASE REVIEW THIS SECTION FOR IMPORTANT INFORMATION ON
    MINORS AND INDIVIDUALS UNDER 18. Prize for the Winners (the "Prize"): The Winners will each
    receive a copy of the Insanity DVD Workout (Approximate Retail Value [“ARV”] of $150 each). Total ARV
    of the Prize is $600. All taxes (including without limitation federal, state, and local taxes) on or connected
    with the Prize, if any, and the reporting consequences thereof, and any other costs, fees, and expenses
    not explicitly stated herein, if any, are the sole responsibility of the Winner. If any Winner is a minor in his
    or her state of residence (if applicable), the Prize will be awarded on the Winner's behalf to the Winner’s
    parent or legal guardian, who must execute any releases and other documentation required by Sponsor
    (including without limitation the Affidavit of Eligibility and the Liability/Publicity Release described above).
    Prize may not be endorsed, transferred or substituted, except at the Sponsor’s sole discretion. Specifics
    of the Prize are in Sponsor’s sole discretion. In the unlikely event that any portion of the Prize is
    cancelled, undeliverable, or unable to take place for any reason, Winner agrees that Sponsor has no
    further obligations to Winner other than delivery of the remainder of the Prize (if any), and no other
    additional compensation will be provided. In the event that any Winner (including, for any Winner who is
    a minor in his or her state of residence, his or her parent or guardian) is unable to comply with the terms
    and conditions set forth in these Official Rules (including without limitation this Section 2(b)), Sponsor
    reserves the right to deem such individual ineligible and to select a new Winner from among the
    remaining Entrants.
    3. MISCELLANEOUS.
    a. General; List of Winners; License. Sponsor’s failure to enforce any provision of these
    Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and
    regulations apply. After the end of the Sweepstakes Period, the name of the Winner may be posted to
    the Sweepstakes Site, and/or to another Sponsor-affiliated site or service. In addition to any other grants
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    that may be granted in any other agreement entered into between Sponsor and Winner, where permitted
    by law, Winner agrees to grant to Sponsor, the Sweepstakes Entities, and their respective licensees,
    affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known
    or hereafter developed, including but not limited to the world wide web, at any time or times, such
    individual's name, photograph, portrait, picture, voice, likeness and biographical information as news or
    information and for advertising and promotional purposes without additional consideration; and further
    without such additional compensation, appear for, or provide biographical information for use in, any
    presentation or other activity which may include filming/audio/video/electronic or other recordings and/or
    interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request,
    each such individual (or, if a minor, such individual’s parent or legal guardian) will provide written consent
    to the foregoing uses. For a list of Winners (available after July 29, 2013), please send a self-addressed
    stamped envelope to The Shinedown “Insanity Giveaway” Sweepstakes — Winners List, c/o Atlantic
    Records, 1290 Avenue of the Americas, New York, NY 10104, Attn: Nathan Lyons. Queries must be
    postmarked no later than July 18, 2013.
    b. Disclaimer and Limitation of Liability. The Sweepstakes Entities make no warranties,
    and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in
    connection with the Sweepstakes. The Sweepstakes Entities are not responsible for any incorrect or
    inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by
    authorized web site users, by tampering or "hacking," or by any of the equipment, software, or
    programming related to the Sweepstakes Site or the Sweepstakes, and assume no responsibility for any
    error, omission, interruption, deletion, defect, delay in operation or transmission, communications line
    failure, theft, destruction, or unauthorized access to the Sweepstakes Site, or any Entry. Additionally, the
    Sweepstakes Entities are not responsible for any cancellation or postponement of any aspect of the
    Prize. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Entrants acknowledge that
    Sponsor is not responsible for the actions of Entrants or other participants in connection with the
    Sweepstakes, including Entrants' or others' attempts to circumvent the Official Rules or otherwise
    interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes.
    Sponsor is not responsible for injury or damage to Entrants' or to any other person's computer, other
    equipment, or person in connection with participation in the Sweepstakes, or downloading materials from
    or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of continuing as
    planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention,
    fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other
    causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect
    the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor
    reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify,
    or suspend the Sweepstakes. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE
    OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION
    DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF
    YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITE, THE STREAMING, DOWNLOADING,
    AND/OR PRINTING OF MATERIALS FROM THE SWEEPSTAKES SITE, SPONSOR’S OR ANY THIRD
    PARTY'S REMOVAL FROM THE SWEEPSTAKES SITE OF OR DISCONTINUATION OF ACCESS TO
    ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF
    ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, OR ANY HARM RESULTING
    THEREFROM. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL ENTRIES, AND
    ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED
    "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
    WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
    PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
    c. Dates and Deadlines. Because of the unique nature and scope of the Sweepstakes,
    and because of the complexity of the technology underlying the administration of the Sweepstakes,
    Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or
    deadline(s) set forth in these Official Rules or otherwise related to the Sweepstakes.
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    d. Release and Indemnification. BY PARTICIPATING IN THE SWEEPSTAKES,
    ENTRANT: (A) RELEASES AND HOLDS SPONSOR, WARNER MUSIC INC., ATLANTIC RECORDS
    LABELS, SHINEDOWN, INDIVIDUALLY AND AS A GROUP, AND ALL OTHER SWEEPSTAKES
    ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS,
    AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
    DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS
    AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES);
    ("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
    THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY
    (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR
    DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING
    DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE
    AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION
    PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON
    PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND
    HOLDS HARMLESS SPONSOR, WARNER MUSIC INC., ATLANTIC RECORDS, SHINEDOWN AND
    ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS,
    DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES
    (AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY
    SWEEPSTAKES ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE
    RELATING TO ENTRANT'S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING WITHOUT
    LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY
    INTELLECTUAL PROPERTY OR OTHER RIGHTS.
    e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING
    UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES, THROUGH FINAL
    AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A
    JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or
    the Sweepstakes, such dispute shall be submitted to arbitration to be administered by the American
    Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for
    Consumer-Related Disputes ("Supplementary Procedures"), as amended by these Official Rules. The
    Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled
    "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes").
    The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator
    deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference,
    rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be
    held in the County of New York in the State of New York, United States of America. Arbitration
    proceedings shall be conducted in English and shall be conducted in a manner that preserves the
    confidentiality of Company's trade secrets and other confidential information. Each party hereby waives
    any and all rights and benefits which it might otherwise have or be entitled to under federal law or the
    laws of New York or any other state to litigate any such dispute in court, it being the intention of the
    parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator's
    decision shall be controlled by the terms and conditions of these Official Rules and any other agreements
    you may enter into with Sponsor in connection with the Sweepstakes, shall be final and binding, and shall
    provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY
    EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed
    and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the
    date designated in accordance with the rules of the American Arbitration Association, or shall otherwise
    fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In
    the event of any dispute concerning the Sweepstakes, your sole and exclusive remedy shall be to seek
    damages pursuant to an arbitration authorized by this Section 4(e). For any claim for equitable or
    injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in
    the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient
    forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY
    OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE
    SWEEPSTAKES.
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    f. Governing Law. The Sweepstakes and these Official Rules are governed by and shall
    be construed in accordance with the laws of the State of New York, United States of America, without
    regards to its principles of conflicts of law. For any dispute not subject to arbitration according to
    Section 4(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located
    in the County of New York in the State of New York, United States of America, and waive any
    jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under
    no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to
    claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees,
    other than your actual out-of-pocket expenses (i.e., costs associated with participating in the
    Sweepstakes), and you further irrevocably waive all rights to have damages multiplied or increased. YOU
    AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR
    OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER
    THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
    PERMANENTLY BARRED.
    g. Privacy. Information submitted in connection with the Sweepstakes will be treated in
    accordance with these Official Rules and information submitted through the Sweepstakes Site will be
    governed by the Sponsor’s privacy policy that is located at http://atlanticrecords.com/privacy-policy/
    provided that in the event of any conflict between these Official Rules and such privacy policy, the terms
    and conditions of these Official Rules shall prevail. Specifically and without limitation, Sponsor reserves
    the right to communicate with any Entrant about his or her Entry, and because of the potential critical
    nature of such communications to the operation of the Sweepstakes, Entrant will not be permitted to "opt
    out" of receiving such communications.
    h. Headings. Headings and captions are used in these Official Rules solely for
    convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these
    Official Rules or any provision hereof.
    i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or
    other marks in connection with this Sweepstakes or any Prize is not meant by Sponsor to imply the
    endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of
    such marks with the Sweepstakes Site or the Sweepstakes.
    j. Interpretation. In the event of any conflict between any information provided on the
    Sweepstakes Site regarding the Sweepstakes (such as a "F.A.Q."), on the one hand, and these Official
    Rules, on the other, these Official Rules shall govern.
    Official Rules © 2013 Atlantic Recording Corp. All rights reserved.

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54141.1B/JK/6/11/13
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THE SHINEDOWN “INSANITY GIVEAWAY” SWEEPSTAKES – OFFICIAL RULES
The Shinedown “Insanity Giveaway” Sweepstakes (the "Sweepstakes") is sponsored by Atlantic
Recording Corporation, 1290 Avenue of the Americas, 28th Floor, New York, NY 10104, (“Atlantic”) (the
"Sponsor"), and promoted and operated through Atlantic recording artist Shinedown’s website located at
http://www.shinedown.com/ (the "Sweepstakes Site"). The Sweepstakes begins on June 24, 2013 at
10:00 a.m. Eastern Time ("ET") (the "Start Date"), and ends on July 16, 2013 at 11:59 p.m. ET (the "End
Date") (such period, the "Sweepstakes Period"). BY ENTERING OR OTHERWISE PARTICIPATING IN
THE SWEEPSTAKES, ALL ENTRANTS AND OTHER PARTICIPANTS (“Entrant”) AGREE TO ABIDE BY
THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO
THIS SWEEPSTAKES.
1. ELIGIBILITY AND REGISTRATION TO PARTICIPATE IN THE SWEEPSTAKES.
a. Eligibility in General. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY
TO ENTER OR WIN THIS SWEEPSTAKES. The Sweepstakes is open to any individual who is, as of the
Start Date, (i) a legal resident of one of the forty-eight (48) contiguous United States or the District of
Columbia (the "Eligibility Area"); and (ii) at least 18 years old. VOID OUTSIDE OF THE ELIGIBILITY
AREA AND WHERE OTHERWISE PROHIBITED BY LAW (certain states may impose additional eligibility
restrictions). Odds of winning are determined by number of entries received. Misrepresentation of age,
upon discovery by Sponsor, will disqualify the applicable participant. Employees, officers, directors,
shareholders, agents, and representatives of Sponsor, Warner Music Inc., and their respective affiliates
(including without limitation, for Sponsor and Warner Music Inc., their respective labels and artists),
licensors, and advertising and promotional agencies (the foregoing entities, the "Sweepstakes Entities")
and the immediate family members and members of the same households of any such employees,
officers, directors, shareholders, agents, and representatives, are not eligible to .participate in the
Sweepstakes in any manner except as otherwise expressly provided herein (e.g., as non-Entrant
individuals judging Entries during specific stages of the Sweepstakes) or to win any prize. Sponsor
reserves the right, at any time and in its sole discretion, to refuse to allow any individual to participate or
continue to participate in the Sweepstakes, or to disqualify any individual it suspects to be tampering with
the entry process or the operation of the Sweepstakes, or the Sweepstakes Site; to be in violation of any
terms and conditions governing the use of the Sweepstakes Site (collectively, "Terms of Use") or any
privacy policies governing the submission of information through the Sweepstakes Site (collectively,
"Privacy Policy"); to be in violation of these Sweepstakes rules (the “Official Rules”); to be acting in bad
faith, or in a non-sportsmanlike or disruptive manner; or to be annoying, abusing, threatening, or
harassing any other person. ANY ATTEMPT TO DELIBERATELY DAMAGE THE SWEEPSTAKES SITE
OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A
VIOLATION OF THESE OFFICIAL RULES AS WELL AS CRIMINAL AND CIVIL LAWS. SHOULD SUCH
AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES
FROM ANY RESPONSIBLE PARTICIPANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW,
INCLUDING WITHOUT LIMITATION CRIMINAL PROSECUTION. By participating in the Sweepstakes in
any manner, you agree to be bound by these Official Rules and by all decisions of Sponsor, which
decisions shall be final and binding in all respects. Sponsor reserves the right to disqualify any Entrant
(as defined herein) if, in Sponsor’s sole discretion, such Entrant is ineligible, unable, or unwilling to
continue his or her participation in the Sweepstakes.
b. How to Participate in the Sweepstakes. Beginning on the Start Date, Entrants may log
on to the Sweepstakes Site and follow the instructions thereon to participate in the Sweepstakes (“Entry”)
including, without limitation, signing up for Shinedown’s email list. By participating in the Sweepstakes,
each Entrant is confirming that they have read and agree to comply with: (i) these official rules; (ii)
Atlantic’s terms of use, located at http://atlanticrecords.com/terms-of-use/; and (iii) all other Sweepstakes
requirements. Additionally, by participating in the Sweepstakes, each Entrant is confirming that they have
read and understand Atlantic’s privacy policy, located at http://atlanticrecords.com/privacy-policy/. Joint
entries are not accepted. Entrants may submit only one Entry. In the event of a dispute as to the origin
of an Entry, the authorized account holder of the email address, associated with the Entry to be the
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Entrant. Potential Winners (defined below) may be required to show proof of being the authorized email
address account holder, as determined by Sponsor in its sole discretion.
2. THE SWEEPSTAKES.
a. Determining the Winner. Sponsor and/or its designees (the "Judges") will review all
eligible Entries for conformity to the rules. On or about July 16, 2013, Judges will choose at random four
(4) potential winners (the “Potential Winners”). NO ENTRANT WILL BE DEEMED TO BE A WINNER,
OR WILL BE AWARDED ANY PRIZE, UNLESS AND UNTIL SUCH ENTRANT'S ELIGIBILITY HAS
BEEN VERIFIED BY SPONSOR IN ITS DISCRETION, ENTRANT HAS BEEN NOTIFIED THAT SUCH
VERIFICATION IS COMPLETE, AND ENTRANT HAS COMPLIED WITH ANY SPONSOR
REQUIREMENTS (INCLUDING WITHOUT LIMITATION THOSE SET FORTH IN SECTION 2(b)
BELOW). Sponsor reserves the right to not award any prize if, in its sole and absolute discretion, it does
not receive a sufficient number of eligible and/or qualified Entries. Sponsor may, in its sole discretion,
contact the Potential Winners and require such Potential Winners to submit to a background check to
help ensure that such Potential Winners’ continued participation in the Sweepstakes will not, in Sponsor’s
sole discretion, damage the Sweepstakes or otherwise reflect adversely on the Sweepstakes Entities;
require such Potential Winners to answer additional questions or participate in additional screening
procedures; require such Potential Winners to sign consent forms, releases (including, without limitation,
Sponsor’s standard “Affidavit of Eligibility and a Liability/Publicity Release”); and/or disqualify any
Potential Winner who is unable or unwilling to do or provide any of the foregoing (“Clearance Process”).
The Potential Winners must complete the Clearance Process within two (2) days from the moment of
notification to receive any Prize. Upon completion of the Clearance Process, the Potential Winners will
be designated a “Winners.” Sponsor reserves the right to provide an independent third party (the
"Auditing Entity") with the Entry submitted by the Potential Winners in order that such Auditing Entity may
examine such Entry and confirm, subject to its and Sponsor's discretion, that the Entry comply with these
Official Rules. In the event that any Potential Winner elects to end his or her participation in the
Sweepstakes, is unable to participate further in the Sweepstakes for any reason, or is, in Sponsor’s sole
discretion, deemed to be ineligible to participate, Sponsor reserves the right to select alternate Potential
Winner(s) in its sole discretion.
b. Prize. PLEASE REVIEW THIS SECTION FOR IMPORTANT INFORMATION ON
MINORS AND INDIVIDUALS UNDER 18. Prize for the Winners (the "Prize"): The Winners will each
receive a copy of the Insanity DVD Workout (Approximate Retail Value [“ARV”] of $150 each). Total ARV
of the Prize is $600. All taxes (including without limitation federal, state, and local taxes) on or connected
with the Prize, if any, and the reporting consequences thereof, and any other costs, fees, and expenses
not explicitly stated herein, if any, are the sole responsibility of the Winner. If any Winner is a minor in his
or her state of residence (if applicable), the Prize will be awarded on the Winner's behalf to the Winner’s
parent or legal guardian, who must execute any releases and other documentation required by Sponsor
(including without limitation the Affidavit of Eligibility and the Liability/Publicity Release described above).
Prize may not be endorsed, transferred or substituted, except at the Sponsor’s sole discretion. Specifics
of the Prize are in Sponsor’s sole discretion. In the unlikely event that any portion of the Prize is
cancelled, undeliverable, or unable to take place for any reason, Winner agrees that Sponsor has no
further obligations to Winner other than delivery of the remainder of the Prize (if any), and no other
additional compensation will be provided. In the event that any Winner (including, for any Winner who is
a minor in his or her state of residence, his or her parent or guardian) is unable to comply with the terms
and conditions set forth in these Official Rules (including without limitation this Section 2(b)), Sponsor
reserves the right to deem such individual ineligible and to select a new Winner from among the
remaining Entrants.
3. MISCELLANEOUS.
a. General; List of Winners; License. Sponsor’s failure to enforce any provision of these
Official Rules shall not constitute a waiver of such provision. All federal, state, and local laws and
regulations apply. After the end of the Sweepstakes Period, the name of the Winner may be posted to
the Sweepstakes Site, and/or to another Sponsor-affiliated site or service. In addition to any other grants
54141.1B/JK/6/11/13
3
that may be granted in any other agreement entered into between Sponsor and Winner, where permitted
by law, Winner agrees to grant to Sponsor, the Sweepstakes Entities, and their respective licensees,
affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known
or hereafter developed, including but not limited to the world wide web, at any time or times, such
individual's name, photograph, portrait, picture, voice, likeness and biographical information as news or
information and for advertising and promotional purposes without additional consideration; and further
without such additional compensation, appear for, or provide biographical information for use in, any
presentation or other activity which may include filming/audio/video/electronic or other recordings and/or
interviews, as may be determined from time to time by Sponsor in its sole discretion; and upon request,
each such individual (or, if a minor, such individual’s parent or legal guardian) will provide written consent
to the foregoing uses. For a list of Winners (available after July 29, 2013), please send a self-addressed
stamped envelope to The Shinedown “Insanity Giveaway” Sweepstakes — Winners List, c/o Atlantic
Records, 1290 Avenue of the Americas, New York, NY 10104, Attn: Nathan Lyons. Queries must be
postmarked no later than July 18, 2013.
b. Disclaimer and Limitation of Liability. The Sweepstakes Entities make no warranties,
and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in
connection with the Sweepstakes. The Sweepstakes Entities are not responsible for any incorrect or
inaccurate information, reviews, ratings, rankings, or other materials, whether caused or created by
authorized web site users, by tampering or "hacking," or by any of the equipment, software, or
programming related to the Sweepstakes Site or the Sweepstakes, and assume no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft, destruction, or unauthorized access to the Sweepstakes Site, or any Entry. Additionally, the
Sweepstakes Entities are not responsible for any cancellation or postponement of any aspect of the
Prize. Although Sponsor attempts to ensure the integrity of the Sweepstakes, Entrants acknowledge that
Sponsor is not responsible for the actions of Entrants or other participants in connection with the
Sweepstakes, including Entrants' or others' attempts to circumvent the Official Rules or otherwise
interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes.
Sponsor is not responsible for injury or damage to Entrants' or to any other person's computer, other
equipment, or person in connection with participation in the Sweepstakes, or downloading materials from
or using the Sweepstakes Site. If, for any reason, the Sweepstakes is not capable of continuing as
planned by reason of damage by computer virus, worms, bugs, tampering, unauthorized intervention,
fraud, technical limitations or failures, strikes, industry conditions, marketplace demands, or any other
causes which, in the sole opinion of Sponsor, could corrupt, compromise, undermine, or otherwise affect
the administration, security, fairness, integrity, viability, or proper conduct of the Sweepstakes, Sponsor
reserves the right in its sole discretion to modify these Official Rules and/or to cancel, terminate, modify,
or suspend the Sweepstakes. IN NO EVENT WILL THE SWEEPSTAKES ENTITIES BE RESPONSIBLE
OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF
YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITE, THE STREAMING, DOWNLOADING,
AND/OR PRINTING OF MATERIALS FROM THE SWEEPSTAKES SITE, SPONSOR’S OR ANY THIRD
PARTY'S REMOVAL FROM THE SWEEPSTAKES SITE OF OR DISCONTINUATION OF ACCESS TO
ANY ENTRIES OR OTHER MATERIALS, THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF
ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, OR ANY HARM RESULTING
THEREFROM. WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL ENTRIES, AND
ALL OTHER MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES SITE ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
c. Dates and Deadlines. Because of the unique nature and scope of the Sweepstakes,
and because of the complexity of the technology underlying the administration of the Sweepstakes,
Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or
deadline(s) set forth in these Official Rules or otherwise related to the Sweepstakes.
54141.1B/JK/6/11/13
4
d. Release and Indemnification. BY PARTICIPATING IN THE SWEEPSTAKES,
ENTRANT: (A) RELEASES AND HOLDS SPONSOR, WARNER MUSIC INC., ATLANTIC RECORDS
LABELS, SHINEDOWN, INDIVIDUALLY AND AS A GROUP, AND ALL OTHER SWEEPSTAKES
ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS,
AGENTS AND REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS,
DEMANDS, ACTIONS, LOSSES, COSTS, DAMAGES, LIABILITIES, JUDGMENTS, SETTLEMENTS
AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES);
("LOSSES") OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM
THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY
(INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SWEEPSTAKES SITE OF, OR
DISCONTINUATION OF ACCESS TO, ANY ENTRIES OR OTHER MATERIALS), OR RESULTING
DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE
AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION
PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON
PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY; AND (B) INDEMNIFIES AND
HOLDS HARMLESS SPONSOR, WARNER MUSIC INC., ATLANTIC RECORDS, SHINEDOWN AND
ALL OTHER SWEEPSTAKES ENTITIES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS,
DIRECTORS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES FROM ANY AND ALL LOSSES
(AS DEFINED ABOVE) OF ANY KIND THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY
SWEEPSTAKES ENTITIES AT ANY TIME IN CONNECTION WITH THE ENTRIES, OR OTHERWISE
RELATING TO ENTRANT'S PARTICIPATION IN THE SWEEPSTAKES, INCLUDING WITHOUT
LIMITATION CLAIMS CONCERNING THE INFRINGEMENT UPON OR VIOLATION OF ANY
INTELLECTUAL PROPERTY OR OTHER RIGHTS.
e. Arbitration. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING
UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES, THROUGH FINAL
AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A
JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or
the Sweepstakes, such dispute shall be submitted to arbitration to be administered by the American
Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for
Consumer-Related Disputes ("Supplementary Procedures"), as amended by these Official Rules. The
Supplementary Procedures are currently available online at http://www.adr.org (click on the link labeled
"Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes").
The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator
deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference,
rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be
held in the County of New York in the State of New York, United States of America. Arbitration
proceedings shall be conducted in English and shall be conducted in a manner that preserves the
confidentiality of Company's trade secrets and other confidential information. Each party hereby waives
any and all rights and benefits which it might otherwise have or be entitled to under federal law or the
laws of New York or any other state to litigate any such dispute in court, it being the intention of the
parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator's
decision shall be controlled by the terms and conditions of these Official Rules and any other agreements
you may enter into with Sponsor in connection with the Sweepstakes, shall be final and binding, and shall
provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY
EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed
and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the
date designated in accordance with the rules of the American Arbitration Association, or shall otherwise
fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In
the event of any dispute concerning the Sweepstakes, your sole and exclusive remedy shall be to seek
damages pursuant to an arbitration authorized by this Section 4(e). For any claim for equitable or
injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in
the County of New York in the State of New York, and you waive any jurisdictional, venue or inconvenient
forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY
OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE
SWEEPSTAKES.
54141.1B/JK/6/11/13
5
f. Governing Law. The Sweepstakes and these Official Rules are governed by and shall
be construed in accordance with the laws of the State of New York, United States of America, without
regards to its principles of conflicts of law. For any dispute not subject to arbitration according to
Section 4(e) above, you irrevocably agree to personal jurisdiction by the federal and state courts located
in the County of New York in the State of New York, United States of America, and waive any
jurisdictional, venue, or inconvenient forum objections to such courts. Further, in any such dispute, under
no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to
claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees,
other than your actual out-of-pocket expenses (i.e., costs associated with participating in the
Sweepstakes), and you further irrevocably waive all rights to have damages multiplied or increased. YOU
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR
OTHERWISE RELATED TO THE SWEEPSTAKES MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED.
g. Privacy. Information submitted in connection with the Sweepstakes will be treated in
accordance with these Official Rules and information submitted through the Sweepstakes Site will be
governed by the Sponsor’s privacy policy that is located at http://atlanticrecords.com/privacy-policy/
provided that in the event of any conflict between these Official Rules and such privacy policy, the terms
and conditions of these Official Rules shall prevail. Specifically and without limitation, Sponsor reserves
the right to communicate with any Entrant about his or her Entry, and because of the potential critical
nature of such communications to the operation of the Sweepstakes, Entrant will not be permitted to "opt
out" of receiving such communications.
h. Headings. Headings and captions are used in these Official Rules solely for
convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these
Official Rules or any provision hereof.
i. Non-Endorsement. The use of any non-Sponsor trademarks, service marks, logos, or
other marks in connection with this Sweepstakes or any Prize is not meant by Sponsor to imply the
endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of
such marks with the Sweepstakes Site or the Sweepstakes.
j. Interpretation. In the event of any conflict between any information provided on the
Sweepstakes Site regarding the Sweepstakes (such as a "F.A.Q."), on the one hand, and these Official
Rules, on the other, these Official Rules shall govern.
Official Rules © 2013 Atlantic Recording Corp. All rights reserved.

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