Music Discovery Experience Terms of Service
These terms and conditions ("Rules") govern your participation in the Music Discovery Experience ("MDE") offered by the Music Discovery Network ("Company"). You must be a registered Account Holder ("Member(s)") of the Music Discovery Network Store in order to earn or collect or utilize or exchange Experience Loyalty Points ("Points"), to claim rewards, to claim any prizes from Music Discovery Experience Sweepstakes or contest ("Sweepstakes"), to vote in any ballot, nominate any Citizen, participate in any poll or other Music Discovery Experience adventure or venture to come about during the MDE execution. Membership in MDE is free. Each individual may have only one MDE Membership Account ("Account") and each Account may be identified with only one MDE Member. A MDE MEMBER ID, the same as the MDN ACCOUNT ID, may be registered by only one Member. To join, visit www.MusicDiscoveryExperience.com and select "Sign Up." By enrolling, you agree to provide true, accurate and complete information and you acknowledge that you have read, understand, and agree to abide by these Rules, as they may be modified by Company from time to time without advance notice. Company may amend these Rules at any time by posting the amended Rules on the www.MusicDiscoveryExperience.com web site, and such amended Rules shall be effective immediately upon such posting. In addition, when participating in any particular program, including Sweepstakes, Rewards, Credits, Polls, Adventures, Activities, or Events, you shall be subject to any and all posted guidelines or rules applicable to such programs which may be posted on the www.MusicDiscoveryExperience.com web site and all such guidelines and rules are hereby incorporated by reference into these Rules. You further agree to comply with all federal, state and local laws applicable to the MDE and to your Account. Any failure by you to follow these Rules may result in the forfeiture and relinquishment of all Points and Sweepstakes Entries that you have collected under this MDE. Participation is open to individuals who are age 13 or older and reside in a country or local that allows such contests. Participation in the MDE is void if prohibited by law in the jurisdiction in which the prospective Participant resides. BY PARTICIPATING YOU AGREE TO BE BOUND BY THESE RULES, SO PLEASE READ THEM CAREFULLY.
MDE DESCRIPTION & PARTICIPATION. Members earn as they participate. The more experience they have with Company programs and ventures and the indie music industry and MDE Partners and Sponsors, the greater their Achievement, the more Points they earn. They earn Points by participating in various, ongoing, ever-changing Adventures, Activities, Events, and Ventures specific to the MDE. These Discovery Offers provide Members an opportunity to earn Points for purchases made at Company or MDE Partners or Sponsors or by participating in special events or activities. Discovery Offers may be delivered to Member via direct mail, email, at www.MusicDiscoveryNetwork.com, at www.MusicDiscoveryExperience.com, through the MDN News and Creative Centers News and Offers Service, through the MDN Forums, through the Music Discovery Experience Discussion Group, at MDE Partner or Sponsor web sites, at other web sites, at Retail Establishments, at concerts or via many other available distribution methods.
RESERVATION OF RIGHTS. The MDE participation and its benefits, including all goods, services, products and rewards offered or available hereunder ("MDE Products"), are offered at the sole discretion of Company. Company, at its sole discretion, has and reserves the right to discontinue, modify, add, delete, update or change the MDE, the Rules, the procedures and system for collecting and awarding Points, the enrollment, accrual system, redemption structure, or benefits, in whole or in part, with or without notice to Members even though such changes may affect the value of Points, the value of rewards or purchases, or the identities of participating MDE Partners. You agree that Company, participating MDE Partners and Sponsors and the manufacturers and suppliers of goods, services and/or products available under the Program, including MDN Products, will not be liable to you or to any third party for any such actions.
REWARDS. Rewards are awarded based on the Points earned and accumulated, as displayed in the Member MDN Store Account. The Rewards may be purchased when member has accumulated Points to make the purchase; or may be purchased with a combination of money and points. When any reward is purchased, the member's account balance is decreased by the exact number of points spent for the reward, as displayed on the MDN Store purchase invoice, and the remaining is the new Available Balance that the member may use to make future reward purchases. Member may make reward purchases, through the MDN Store, at any time, in any amount, more or less frequently, as long as the member has earned the appropriate and required number of points to make the purchase.
REWARD AVAILABILITY. All rewards are available on a first-come-first-serve basis. It must be understood that we only receive a specific and limited number of specific rewards, as is displayed in the MDN Store, and that we will only be able to deliver that exact number of rewards. When any reward has been completely depleted from inventory, there will not be any more of that specific reward available. If we receive an order for any reward that has been sold out, we will notify the member and cancel the reward order. Member may, of course, continue to use his/her Points to make other reward purchases that are in stock and available for purchase. The first-come-first-service rule is strict and will be understood and obeyed throughout the total length of the contest.
REWARD DELIVERY. Rewards ordered, and that are in stock and available, are provided as ordered on the MDN Store invoice. The freight charge and any tax to deliver the reward is to be paid by the member using money. Points may not be used to pay for freight or tax. The freight and tax cost may be paid using Paypal, Discover, Visa, Master Card or American Express or by sending check in advance of shipment.
POINT NOTIFICATION. Once any Points have been earned, they are logged to the Member MDN Store Account and the activity, including earned and spent points, displayed when the member signs in at the MDN Store.
CREDIT EXCHANGE, EXPIRATION & FORFEITURE. Points will be maintained in your Account until they are exchanged by you or through negative impact due to your MDE participation, or until they expire or are forfeited, as provided by these Rules, whichever occurs first. A Member's eligibility to receive Rewards or exchange Points shall be contingent upon the Member's Account being in good standing at the time of exchange or reward earning. A Member shall be deemed to be in good standing so long as such Member has (a) complied with all of the terms and provisions of these Rules and (b) maintained an active account by (i) registering an Activity or Event at a visit to the www.MusicDiscoveryExperience.com web site (ii) complying with a Discovery Offer made available to such Member, (iii) entering into a transaction whereby Points are collected or Rewards awarded, or (iv) making a purchase at the MDN Store through the Member Account; any of which events described in (i) through (iv) must have occurred within the then preceding twelve-month period. If an Account is inactive (as defined by no Activity or Event registration at www.MusicDiscoveryExperience.com, no compliance with a Discovery Offer made available to the Member, no purchases made at the MDN Store, and no collecting of Points or Rewards for a period of twelve (12) consecutive months), any and all Points, together with any and all Sweepstakes Entries collected and/or accumulated in a Member's Account will automatically expire and be forfeited. Furthermore, if a Member's registered email or postal address is found to be faulty and unusable by Company to continue to maintain Member's MDE Membership and disburse various newsletters and other mailing and said mail is bounced back to Company marked "undeliverable," Member's Account and all Points will automatically expire and be forfeited. Points will earn Rewards in the manner and at the Value as specified by Company and in effect at the time of the Points are earned, or in the case of exchanges, the time the Points are redeemed or exchanged. Points have no cash value. Members should not rely upon continued availability of Points or the continued participation of certain MDE Partners or MDE or MDN Products or Rewards in the MDE. While collecting and earning Points may entitle a Member to certain benefits, including the right to receive Rewards or exchange such Points for certain goods, products or services in accordance with the terms set forth herein, all Points shall be and remain at all times the sole property of Company.
Company is not responsible for withdrawal of participating MDE Partners or Sponsors or for Points or Reward cancellations due to withdrawal of such MDE Partners or Sponsors from the MDE. All products or services received when you receive Rewards or exchange Points are transactions between and concerning you and the chosen MDE Partner or Sponsor, who is solely responsible for the quality and performance of the goods, products or services supplied, it being understood that Company makes no warranty with regard to those products, goods or services. Any rules of the MDE Partners related to returns and exchanges apply, provided no Points will be added to your Account as a result of any such return or exchange. You are responsible for all costs, taxes, shipping and handling fees, and any other expenses related to such purchases.
ACCUMULATION. Company expressly reserves the right to establish additional means of accruing Points and to delete any or all of the means currently in effect. Points can be accrued only for purchases and Achievements and Events actually made and completed by you and can be applied only to your own Account. No Credits or Sweepstakes Entries may be bartered or sold, and are not transferable for any reason, including death, as part of a domestic relations matter, or otherwise by operation of law. Points, and Sweepstakes Entries may not be transferred between any Accounts, or combined with Points or Sweepstakes Entries from other Accounts. Company will use commercially reasonable efforts to allocate collected Points and Sweepstakes Entries to each Member's Account, however, you are responsible for ensuring that your collected Points and Sweepstakes Entries are properly credited. If you assert or claim that any Points or Sweepstakes Entries, have been collected but not properly credited to your Account, or in any other cases where Company deems verification is required, Company reserves the right to require that you furnish proof of accrual, including but not limited to, copies of receipts or similar documentation verifying any transactions claimed to have been completed including Certificates or original UPC's from purchased products. Company must receive any such claims by you and proof of accrual within six (6) months after the date of the claimed transaction, otherwise such claim is waived.
FRAUD. Members agree not to abuse Points privileges by conduct that is detrimental to Company, including without limitation, (a) attempting to accrue, collect or exchange Points and Sweepstakes Entries in any manner inconsistent with the policies of Company or the intent of these Rules, (b) having multiple Accounts or more than one Member or Account per email or postal mail address, (c) attempting to collect Points and Sweepstakes Entries through other than legitimate means or channels as outlined in these Rules, (d) participating in purchasing, exchange or bidding fraud, or e) the public display or acceptance of any public display (not specifically authorized by Company in writing), in any manner on the web, electronically, in print, by voice, by any digital method or any method of the Experience Codes. Such activities constitute fraud or abuse and may result in forfeiture of accrued Points and Sweepstakes Entries, as well as the termination of your Account and Membership. You are solely responsible for any fraudulent activities related to your Account and Membership, the use of Points and Sweepstakes Entries or otherwise. Company reserves the right to prosecute such activities to the fullest extent provided by law. Company reserves the right to terminate and eliminate the whole MDE, any specific individual part or piece of the MDE, any Reward, any Points, and any Experience Code and associated Points and those Points earned by any and all Members in the past or in the future if and when a fraud is discovered or we are made aware of any situation that compromises the MDE implementation in any manner and at any time and at any place.
DISCLAIMER OF WARRANTIES. COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT RESPECTING THE CHALLENGE, OR ANY GOODS, SERVICES, BENEFITS OR PRODUCTS PROVIDED UNDER THE CHALLENGE, INCLUDING ANY MDE PRODUCTS.
LIMITATION OF LIABILITY, INDEMNITY & RELEASE. THIS SITE AND THE GOODS AND SERVICES AVAILABLE THROUGH ANY MUSIC DISCOVERY EXPERIENCE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTY, EXPRESS, IMPLIED OR STATUTORY. UNDER NO CIRCUMSTANCES SHALL COMPANY OR MANUFACTURERS, RETAILERS, OR SUPPLIERS OF ANY GOODS, SERVICES OR PRODUCTS OBTAINED THROUGH THE MUSIC DISCOVERY EXPERIENCE, INCLUDING ANY MDE PARTNERS OR SPONSORS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED TO YOUR PARTICIPATION IN THE MDE OR IN CONNECTION WITH ANY MDE OR MDN PROGRAM OR WITH RESPECT TO ANY GOODS, PRODUCTS OR SERVICES AVAILABLE UNDER THE CHALLENGE OR THROUGH THE MUSIC DISCOVERY EXPERIENCE OR MUSIC DISCOVERY NETWORK OR MDN FORUMS OR MDN NEWS and CREATIVE CENTERS NEWS and OFFERS WEB SITES OR WITH RESPECT TO THE QUALITY, DELIVERY, USE, MISUSE, OR INABILITY TO USE ANY GOODS, SERVICES OR ITEM DELIVERED IN CONNECTION WITH THE MUSIC DISCOVERY EXPERIENCE PROGRAM OR THE MUSIC DISCOVERY EXPERIENCE OR MUSIC DISCOVERY NETWORK OR MDN FORUMS OR MDN NEWS and CREATIVE CENTERS NEWS and OFFERS WEB SITES, HOWEVER ARISING (INCLUDING NEGLIGENCE ON THE PART OF THE COMPANY OR THE MANUFACTURER, RETAILER OR SUPPLIER OF ANY GOODS, SERVICES OR ITEM) OR WITH RESPECT TO ANY OTHER MATTER RELATED TO A MUSIC DISCOVERY EXPERIENCE PROGRAM. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO RELEASE COMPANY FROM AND AGAINST ANY AND ALL ACTIONS TAKEN WITH RESPECT TO THE USE YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO ACCRUAL, ACCUMULATION, COLLECTION, EXCHANGE AND USE OF EXPERIENCE CREDITS AND SWEEPSTAKES ENTRIES, AND DISCLOSURE OF AN ACCOUNT PASSWORD TO THIRD PARTIES. BY PARTICIPATING IN THIS MDE YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ALL MDE PARTNERS AND SPONSORS AND THEIR DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, AND ASSIGNS FROM ANY AND ALL LIABILITY, DAMAGE AND LOSS, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, BODILY INJURY, DEATH, OR DAMAGE TO PROPERTY (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, WHETHER OR NOT LITIGATION IS COMMENCED), ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY MDE PRODUCT OR FROM PARTICIPATION, OR INABILITY TO PARTICIPATE, IN THE ACCUMULATION, COLLECTION, EXCHANGE, EXPIRATION OR FORFEITURE OF EXPERIENCE CREDITS AND/OR SWEEPSTAKES ENTRIES, OR WITH RESPECT TO ANY OTHER ASPECT OF THE CHALLENGE.
Company, agents and representatives of Company, participating manufacturers, retailers and suppliers of any item made available through the MDE or the MusicDiscoveryExperience.com, MusicDiscoveryNetwork.com, MDN Forums, MDN News and Creative Centers News and Offers and Music Discovery Experience Discuss Group web sites, and their parent companies, affiliates, subsidiaries, advertising, promotion, fulfillment agencies, legal advisors and their respective officers, directors, employers and agents shall not be responsible for or liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, or postage-due notices, mail, e-mail, release forms, affidavits or other correspondence; (ii) telephone, satellite or Internet accessibility, availability, or traffic congestion, or electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, corrupted or delayed computer or Internet transmissions; (iv) the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information; (v) any condition that may cause the MDE to be disrupted or corrupted; (vi) any injury or damage to any computer related to or resulting from participating in the MDE, or any program of the Company, or from downloading or copying any material from or use of any web site related to the MDE, including any virus or other harmful components of any information contained in any web site; (vii) any printing or typographical errors in any materials associated with the MDE; or (viii) any and all injuries, losses, or damages of any kind arising in connection with or as a result of the acceptance, possession, or use of an item, or from participation in the MDE.
INTELLECTUAL PROPERTY RIGHTS. The documentation, software and other materials contained at the MusicDiscoveryExperience and MusicDiscoveryNetwork web sites and used by Company are owned/licensed and copyright protected by Company. The Music Discovery Experience logo, Music Discovery Network logo are trademarks of Company. The Music Discovery Experience is a proprietary program. Nothing contained herein shall be construed as conferring, by implication, estoppel, or any other legal theory, any license or right to any intellectual property right owned by Company. You agree not to use or display in any manner, any Company trademark without Company's prior written consent.
LINKS. The MusicDiscoveryExperience.com, MusicDiscoveryNetwork.com, MDN Forums, MDN News and Creative Centers News and Offers, FansamdFriends.net and Music Discovery Experience Discuss Group web sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Company has no control over such sites and resources and you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, warranty or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any such content, goods or services available on or through any such site or resource.
JURISDICTION AND VENUE. THE MDE IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF ILLINOIS, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the MDE, or any program of the Company offered on the MusicDiscoveryExperience,com and MusicDiscoveryNetwork.com web sites, participant agrees that any and all disputes which are not resolved between the parties, and all causes of action arising out of, or related to, the MDE or any program of the Company, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Peoria, Illinois having jurisdiction, which Court shall apply the laws of the State of Illinois without regard to doctrines of conflicts of law.
OTHER CHALLENGE RULES. By accepting and agreeing to be bound by these Rules, you are also accepting the Sweepstakes Rules together with any specific rules applicable to any particular Company program which are set forth on the MusicDiscoveryExperience.com and MusicDiscoveryNetwork.com web sites.
SPONSOR. This Program is sponsored by: The Music Discovery Network, PO Box 6205, Peoria, IL 61601-6205
MISCELLANEOUS. The headings contained in these Rules are for convenience only and shall not limit the meaning or interpretation of any of the terms of these Rules. The failure of Company to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision. If any provision of these Rules, including, but not limited to, the warranty disclaimers and liability limitations set forth above, should be found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that a court should attempt to give effect to the parties' intent and that the remaining provisions of these Rules shall remain in full force and effect.