THE SILVER KEY
Treasure Hunt Contest of Skill
Official Rules
1. HOW TO PARTICIPATE IN THIS PROMOTION (the "Treasure Hunt"): Obtain a copy of "The Silver Key" by The Weirdo Deluxe (the "Album"); the Album includes a CD of music, and packaging. Contained within the Album are clues to a puzzle that, when solved, will lead to the location of The Silver Key (the "Key"). The Key is located in a public place within the continental United States. The first person find the Key, using their intellect and skill, who satisfies the eligibility requirements, and follows the redemption instructions set forth below, will, upon verification, receive an additional cash prize (the "Prize"). The potential finder must submit the claim personally; submissions through agents or third parties are not valid. The Album was first made available to the public on September 15, 2009. The Treasure Hunt will run until the Key is found and finder verified, or until September 15, 2011 (the "End Date"), whichever is sooner.
2. ELIGIBILITY: Open to legal residents of the 50 United States, including the District of Columbia, except residents of the states of CT, MD, ND, and VT. The Finder may be required to execute and affidavit swearing to compliance with these eligibility requirements. Agents, their immediate families and household members, participating in the creation of this Treasure Hunt are not eligible to enter.
3. DETAILS: The solution to the puzzle is recorded and maintained in a secure location. The Solution will be revealed after the End Date, either on the website or other media. You can learn more about the Album and the Treasure Hunt at: www.FindTheSilverKey.com
4. PARTICIPANT CONDUCT: Sponsor reserves the right, in its sole discretion, to disqualify any Participant who (a) tampers with the entry process or in the participation in, or operation of, the Treasure Hunt; (b) violates these rules, or; (c) acts in a disruptive manner with the intent to annoy, abuse, threaten, or harass any other Participant or person. The Key is in a public place, and not in a dangerous location such as under water, on a ledge, mountain top, or in a cave. Destruction or destroying any real or personal property is not necessary in order to find the Key or otherwise participate. Sponsor expressly forbids any such conduct. By participating, Participants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final in all respects on all aspects pertaining to the Treasure Hunt. Sponsor has complete discretion to interpret these Official Rules and any other aspect of the Treasure Hunt, and expressly reserves the right to refuse to award the Prize to anyone who in Sponsor's discretion is in breach of these Official Rules or otherwise fails to satisfactorily establish their eligibility to participate or win.
5. HOW TO CLAIM THE PRIZE: If you find the Key before the End Date you must contact Sponsor within 30 days of finding it. You may be asked to provide your solution to the puzzle which led you to the location of the Key, and execute an affidavit of eligibility and liability/publicity release (where legal). If your responses are verified as accurate, and it is determined that you used your intellect and skill to solve the Treasure Hunt, provided you are in all other respects eligible to claim the Prize, you will be declared the finder ("Finder"). You will be asked to return the Key for verification, along with your name, address, and all other contact information. Additional verification requirements and redemption instructions may be required. Finder must return the affidavit of eligibility and liability/publicity release within twenty-one (21) days for first attempted notification of verification. For a Finder who is younger than the age of majority, the Prize will be awarded in the Finder's name to his/her parent or legal guardian. Finder must give Sponsor permission to publicize finder's name and hometown as a condition of receiving the Prize, unless prohibited by law. Finder may also be required to use their name and submission in advertising and marketing in all media in perpetuity, and may be required to participate in publicity events, except where prohibited by law. Sponsor may not confirm verification of Finder until after eligibility is verified.
6. COLLABORATIONS: If you have collaborated with other persons in your efforts, each of the finding participants must comply with all of the foregoing requirements and execute all of the required documents. Collaborators must also release Sponsor from any liability in connection with their agreement among one another, and if Sponsor incurs any costs or expenses, including legal expenses, in connection with collaborators' agreement, all collaborators agree to deduct from the prize the amount of any and all such costs and expenses jointly and severally.
7. PRIZE: One-thousand US Dollars ($1,000) plus one dollar ($1) for every album sale (Example: if Sponsor sells 23,400 albums, then the Prize is $24,400). An "album" is defined as a physical CD or a full digital download. A Sale must be through channel approved by Sponsor. Only albums sold between release date and the date the Finder notifies sponsor of finding the key will be counted. All federal, state, and local taxes associated with the receipt or use of any prize and participation in the Treasure Hunt are the sole responsibility of the finder. IRS regulations require Sponsor to issue a 1099 tax form to anyone receiving any part of the Prize available in this contest.
8. GENERAL: All materials and submissions to Sponsor become property of the Sponsor and will not be returned. Sponsor accepts no liability for submissions, correspondence, or attempted verifications that are late, lost, or otherwise misdirected, or not submitted in accordance with these Official Rules. If the Key is not found by the End Date, Sponsor will retrieve it. No transfer or substitution of the Prize is permitted. Sponsor has made efforts and taken reasonable steps to ensure the Key remains where it is hidden until found by a participant. However, the Key may be moved by forces, including human intervention (intentional and unintentional), over which Sponsor has no control. Sponsor disclaims all liability if due to forces outside its control, the Key is moved from its location.
9. ADDITIONAL LIMITATIONS: By entering, participants (a) agree to be bound by the official rules and the decisions of the Sponsor which are final and binding in all respects; (b) agree to release Sponsor and agents from any and all liability, loss, damage, or injury resulting from participation in this Treasure Hunt and searching for the Key, as well as awarding, receipt, possession, use and/or misuse of the Prize awarded herein and acknowledge that Sponsor and agents have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Key or the Prize including, but not limited to, its quality or fitness for a particular purpose; and (c) consent to the use of his/her name, photograph, and/or likeness for advertising and promotional purposes without additional compensation, unless prohibited by law.
10. DISPUTES: This Treasure Hunt is governed by the laws of the United States and the State of Texas, without respect to conflict of law doctrines. As a condition of participating in this Treasure Hunt, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Treasure Hunt, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Travis County, Texas having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.
11. PUBLICATION OF FINDER: After the End Date of the Treasure Hunt, the finder's name will be published on the website.
12. SPONSOR: The Sponsor of this Treasure Hunt is
Vari-Tone Records, LLC
P.O. Box 28512
Austin, TX 78755
