UB™ 2010 Scott Ian Send Me to Sonisphere Contest

Official Contest Rules

NO PURCHASE NECESSARY. IF YOU DO NOT AGREE TO AND ABIDE BY THESE RULES, YOU WILL NOT BE ELIGIBLE FOR THE 2010 SCOTT IAN SEND ME TO SONISPHERE CONTEST. PLEASE PRINT THESE PAGES FOR YOUR RECORDS.

Eligibility

1. To be eligible to earn a UB™ 2010 Scott Ian Metal Mayhem Send Me to Sonisphere Contest package (the “First Prize”), a participating player must:
   • Register for and participate in the UB™ 2010 Scott Ian Send Me to Sonisphere Contest (the “Contest”);
   • Be at least the age of majority in your home jurisdiction as of the Start Date;
   • Be a resident of one of the 48 contiguous states of the United States of America or the District of Columbia, Canada, Mexico, or a member state of the European Union; and,
   • Prior to the start of the Event, and at a time and place designated by UB™, sign any and all documents as required by UB™ in respect of the Event, including a release and waiver and attached documents, and remain in compliance with all such documents and rules.
   Any person not fulfilling all of these eligibility requirements shall be disqualified from the Contest and is and shall not be eligible to win the First Prize. Other prizes (each individual “Prize;” “Prizes” is plural and includes the First Prize) as described herein are available to participating players not fulfilling the requirements in paragraph 1(c) of the Rules.
2. The following persons are not eligible for the First Prize:
   • Permanent and/or contract employees of UB™ and their immediate family members; and,
   • Representatives and/or agents (including endorsers, contractors, advertising and promotion agents) of UB™ and their immediate family members.

Start / Finish

3. The Contest starts on June 9, 2010 (the “Start Date”).
4. The Contest closes on June 30, 2010.

First Prize

5. The First Prize in the Contest is the opportunity for one eligible person that wins first place in the Contest (the “Winner”) plus one guest selected by the Winner (and subject to the same procedures and policies as are applicable to the Winner) to attend the Sonisphere Festival in Knebworth, United Kingdom from Friday, July 30, 2010-Sunday, August 1, 2010 (collectively, the “Event”). Attendance by the Winner is subject to availability and scheduling. For the avoidance of any doubt, the Winner is the top-ranked contestant who is from the geographic area provided for in paragraph 1(c) of the Rules. If, for example, the top-ranked contestant who is from the said geographic area places fourth, that person is the Winner. The Winner may substitute a one-time payment into his or her player account of US$1,000.00.
6. The First Prize in the Contest shall include reasonable costs for airfare, relevant Event tickets, two nights in an hotel, and costs of transportation to and from the airports and to the hotel from the airport and from the hotel to the airport. All bookings shall be made by UB™ and are subject to availability, scheduling, and budget. UB™ reserves the right to limit or cap any and all travel expenses at its sole option and discretion. UB™ makes no minimum representation or warranty about the quality of any travel or accommodations.
7. During the Event, the Winner and the Winner’s guest must and shall abstain from wearing any gear, kit, or clothing that visibly promotes any other brands related to the gaming industry (other than UB™) or a brand that is in competition with the Site. During the Event, participation by the Winner and the Winner’s guest may be cancelled, suspended, or terminated at any time and for any reason.
8. The Winner and his or her guest shall allow UB™ to print, publish, broadcast and use, worldwide, in any media and at any time, their respective names, pictures, voices, likenesses, and/or biographical information for promotional or related purposes.
9. At any time, UB™ reserves the right to provide a substantially similar substitute prize that UB™ deems to be of greater or equal value.

Other Prizes

10. Other Prizes in the Contest will be rewarded as follows:
    • 2nd cash prize = US$392
    • 3rd cash prize = US$235;
    • 4th cash prize = US$175;
    • 5th cash prize = US$133;
    • 6th cash prize = US$109;
    • 7th cash prize = US$89;
    • 8th cash prize = US$69;
    • 9th cash prize = US$54;
    • 10th cash prize = US$39;
    • 11th-13th cash prize = US$27;
    • 14th-16th cash prize = US$22;
    • 17th-19th cash prize = US$18;
    • 20th-28th cash prize = US$15;
    • 29th-37th cash prize = US$12;
    • 38th-46th cash prize = US$10; and,
    • 47th-65th cash prize = US$9;
11. These Prizes are payable irrespective of the geographic place where the participant resides. There is only one First Prize. With the exception of the First Prize, the all other Prizes will be awarded based upon the participant’s final finishing place in the contest, mutatis mutandis, based upon the placing of the Winner. For example, if the top-ranked contestant who is from the geographic area provided for in paragraph 1(c) places fourth, that person is the Winner. The third place winner will obtain the 3rd cash prize (US$190.00) and the fifth place winner will obtain the 4th cash prize (US$142.00).
12. The winner of any Prize shall allow UB™ to print, publish, broadcast and use, worldwide, in any media and at any time, their respective names, pictures, voices, likenesses, and/or biographical information for promotional or related purposes.
13. At any time, UB™ reserves the right to provide a substantially similar substitute Prize that UB™ deems to be of greater or equal value.

Odds of Winning

14. The odds of winning will depend upon compliance with the terms of this Contest, number of entrants/participants in the Contest, where those entrants/participants reside, and the entrant’s finish in the Contest. All Prize winners shall receive the Prizes as set forth in the competition announcement. In the event th at any Prize is not available due to circumstances beyond the control of UB™, UB™ reserves the right to provide a substantially similar substitute prize that UB™ deems to be of greater or equal value. The approximate retail value of the First Prize is US$5,000.00. There is only one First Prize in the Contest.
15. Winning contestants are solely responsible for all federal, state, and local taxes and fees associated with Prize receipt and use. UB™ will withhold and report taxes as required by law.

Winner Notification

16. all Prize winners (including the Winner) will be notified by the e-mail address provided and must sign and return an affidavit of eligibility/publicity release within fourteen (14) days of notification date. Failure to sign and return this affidavit within fourteen (14) days or the provision of false/inaccurate information therein will result in immediate disqualification. Affidavits are subject to verification by UB™ and its designated and authorized agents.

Winner List

17. To obtain the name of a winner(s) (if any), which will be available after the conclusion of the Contest, mail a self-addressed stamped envelope to: UB™, PO Box 2100, Kahnawake, QC, J0L 1B0.

Disclaimer/Liability/Indemnity

18. UB™ shall not be liable to any contestant for any acts committed by it or by third parties during, in the course of, or in relation to a contestant’s attempt to become eligible to earn the First Prize or any other Prize and, without limiting the generality of the foregoing, shall not be liable for any negligent or other tortious acts, or any careless or intentional acts.
19. To the fullest extent permitted by applicable law, in no event shall UB™, including, without limitation, any third party service provider(s) that UB™ may engage for purposes of offering the right to become eligible to earn the First Prize, or any Prize, be liable for any loss or damage (including, without limiting the generality of the foregoing, loss of income, profits or goodwill, indirect, incidental, consequential, exemplary, punitive or special damages of any party, including third parties), howsoever caused or arising, whether in contract, negligence, other tort or otherwise, in connection with the Contest and/or the Prizes, even if UB™ has been advised of the possibility of such damages in advance. All such damages are expressly excluded.
20. The contestant shall jointly and severally indemnify UB™ and hold UB™ harmless for and in respect of any damages resulting from liability to any third parties arising out of the contestant’s attempt to become eligible to earn a First Prize, or any other Prize, or for any breach of these terms and conditions or any other obligations contemplated by these rules or any agreements referred to herein.
21. UB™ shall not be liable for any default or non-performance in respect of the Contest due to any act of force majeure, including, but not limited to, acts of God, war, civil disturbance, riot, strike, lockout, industrial action, fire, flood, drought, storm, or any other event beyond the reasonable control of UB™.

Governing Law & Arbitration

22. VOID WHERE PROHIBITED. THE CONTEST IS VOID IN QUEBEC. No purchase required. The laws of the Province of Ontario, Canada shall apply to and govern this competition, including but not limited to any applicable taxes for Prizes. Except where prohibited, participants agree that any and all disputes, claims and causes of action arising out of or connected with the competition shall be finally resolved exclusively by arbitration pursuant to the National Arbitration Rules of the ADR Institute of Canada then effective (and administered by the ADR Institute of Canada), and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred by participant with regard to the competition, but no attorneys’ fees, punitive, incidental, consequential or other damages. The number of arbitrators shall be one (1). The place of the arbitration shall be Toronto, Canada. The language of the arbitration shall be English.

Severability

23. If any portion of these competition rules is deemed void or unenforceable, then that portion shall be deemed severable from these competition rules and shall not affect the validity and enforceability of the remaining provisions.

Termination

24. At any time, UB™ may cancel, terminate, or suspend the Contest, or any provision or term thereof, including, without limiting the generality of the foregoing, the award or payment of any Prize, including the First Prize, at its sole and absolute discretion, with or without any prior notice. For the avoidance of any doubt, cancellation, termination, or suspension by UB™ of the Contest shall not entitle any contestant(s) to any claim for compensation or damages against UB™ for any and all loss or damage of any kind or nature suffered or incurred by the contestant(s) as a direct or indirect result of the act of cancellation, termination, or suspension.
25. UB™ may cancel or terminate the Contest and/or may cancel or terminate the awarding of any Prize(s), and cease distribution of any outstanding Prize monies if:
    • A Prize winner fails to comply with its obligations toward UB™, including any and all provisions of these rules, any other obligations, rules, terms, and conditions on www.ub.com, www.ub.net, www.ub.com, www.ub.net, www.absolutepoker.com, and www.cereuspoker.com (collectively, the “Site”) and/or any other obligations, rules, terms, and conditions in any contract or agreement contemplated by these rules;
    • A Prize winner commits embezzlement or theft against or from UB™ or on the Site, commits any public act of disrepute, publicly disparages UB™, or commits any other act that diminishes or that may diminish the value of UB™ or any one or more of its brands;
    • UB™ dissolves, becomes insolvent, or is subject to a bankruptcy proceeding, whether voluntary or involuntary, that is not dismissed within 30 days of initiation, or UB™ makes an assignment for the benefit of its creditors or a receiver, liquidator, administrator, or trustee is appointed for or in respect of  UB™’s affairs, or any analogous procedure is initiated and not dismissed within 30 days of initiation; and/or,
    • UB™ is ordered by a competent judicial or governmental authority to discontinue the acceptance of business from United States residents.
26. In the event of any termination under any of the circumstances set forth herein, UB™ is hereby and the same shall be under no legal obligation to provide any further payment to contestants, Prize winners, and/or any other party, whether in the form of liquidated damages or otherwise.

Fraud

27. UB™ reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the competition or to be acting in violation of the Rules or in an unsportsmanlike or disruptive manner. Moreover, any attempt by any person to deliberately damage the Site or undermine the legitimate operation of the competition may be in violation of criminal and civil laws and, should such an attempt be made, UB™ reserves the right to seek damages from any such person to the fullest extent permitted by law. UB™’s failure to enforce any term of the Rules shall not constitute a waiver of this or any other provision.

Rules Binding

28. The rules set forth herein shall retroactively apply to all contestants, past, present and future, participating in the Contest. There may not be any winner of any one or more Prizes (including the First Prize) in the Contest.
29. By entering the Contest, the contestant is deemed to have agreed to be bound by the Rules, and by these terms and conditions, and as same may be varied, changed, modified, altered, added to, or deleted from time to time. This agreement is an irrevocable condition of entry into the Contest.
30. UB™ reserves the right to require any contestant or any Prize winner to execute any document deemed necessary or expedient by UB™, including, without limiting the generality of the foregoing, a duly executed and sworn affidavit of eligibility. UB™ reserves the right to require any contestant or any Prize winner (including the Winner) to provide other proof of eligibility as a condition of receipt of any Prize.
31. By entering the Contest, the contestant agrees to participate in such promotional activity as UB™ may require or deem expedient.
32. UB™’s decisions on all matters relating to the Contest will be final and binding upon all contestants and other parties.
33. To the extent that these terms and conditions are different from or inconsistent with any other provisions, rules, terms, conditions, or representations contained in any brochure, written materials, or other promotional materials advertising the contest, the provisions of these terms and conditions shall prevail.

Modification of Terms

34. UB™ retains and reserves the right, at its absolute discretion, to vary, change, modify, alter, add to, or delete any one or more of these rules from time to time and without prior notice to any contestant or to any other party. These rules may be varied, changed, modified, altered, added to, or deleted from time to time by UB™ from time to time by means of posting on the Site or in any other manner deemed suitable by UB™. The contestant agrees to access the Site and the Contest’s web pages at regular intervals in order to view these rules and to ensure that the contestant is apprised of and kept up-to-date with any variations, changes, modifications, alterations, or additions to or deletions from these rules. The contestant agrees that continued participation in the Contest shall constitute the contestant’s continued and irrevocable acceptance of these rules (as varied, changed, modified, altered, added to, or deleted from time to time).

Sponsor

35. The Sponsor of the Contest is UB™.