GearTunes Treasure Chest #1 Giveaway Rules
1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
2. GIVEAWAY PERIOD.
The GearTunes Treasure Chest Giveaway (the "Giveaway") begins on July 11, 2013 at 9 AM Eastern Time ("ET") and ends on January 16, 2014 at 9 AM ET (the "Giveaway Period").
The Giveaway is run by GearTunes, P.O. Box 1921, Orinda, CA 94563 (referred to herein as the “Sponsor”).
The Giveaway is open to legal residents of the United States, Canada and the United Kingdom, who have reached the age of majority in the state/country in which they reside as of the date of entry. This giveaway is void in any country where prohibited by law. Excluded from eligibility are officers, directors, shareholders, employees, agents and representatives of Sponsor, any independent Giveaway judging organization, each of their respective parent, sister and affiliated or related companies, manufacturers, dealers, distributors, franchisees, publishers, advertising and promotion agencies, suppliers of the materials and services related to this Giveaway, and members of any immediate families (defined as parents, siblings, children and spouses, regardless of where they live) or households (whether or not related) of such officers, directors, employees, agents and representatives.
5. HOW TO ENTER.
All those individuals who have actively joined at least one of the GearTunes social pages (facebook, Twitter, Instagram and/or Pintrest), and/or opted in to the GearTunes email list at the time of the Giveaway drawing will automatically be entered into the Giveaway. THERE IS NO PURCHASE NECESSARY.
6. HOW TO WIN.
On or about January 16, 2014, at approximately 10 AM ET (the “Draw Date”) in Anaheim, CA, a random draw will be conducted from all eligible Entries received during the Giveaway Period. There is one (1) prize available to be won. See Prize Claim Conditions in Rule 7 below. Odds of being selected as eligible to win a prize in this Giveaway will depend on the total number of eligible Entries received during the Giveaway Period.
7. PRIZE CLAIM CONDITIONS.
Selected entrant will be notified by telephone or email within approximately ninety-six (96) hours of the Draw Date at the telephone number or email address provided by the entrant at the time of Giveaway entry. Each selected entrant will be required to complete and return to Sponsor (or its authorized agent) by the deadline specified in the documents an Affidavit of Eligibility/Release of Liability and Publicity Release and a W9 Form, if applicable (collectively, (the “Release Documents”). Return of any prize or winner notification as undeliverable, inability to reach selected entrant or failure of selected entrant to respond to notification within five (5) business days of first attempt by Sponsor or Sponsor’s agent, failure to provide proof of eligibility (if requested), Release Documents, or other required documentation by the deadlines provided by Sponsor, failure to correctly answer the skill-testing question (if applicable), or other non-compliance with these Official Giveaway Rules may result in disqualification, forfeiture of the prize and, at Sponsor’s sole discretion, selection of an alternate eligible entrant for the forfeited prize, who will be subject to disqualification in the same manner.
If the selected winner is a resident of Canada, they will be contacted, and be required to answer correctly within a 5 minute time period, a mathematical skill-testing question, without the benefit of any calculating devices, before the prize will be awarded.
The Treasure Chest in its entirety will be awarded to one (1) winner. The Treasure Chest will consist of various guitar-related gear as provided by participating manufacturers and dealers. Prizes will be added to the Treasure Chest throughout the Giveaway Period, and the approximate value of the total prize will not be determined until the last week of the Giveaway Period. All items in the Treasure Chest will be delivered only to verified winner. ARV determined as of January 16, 2014. Price is subject to change; retailers may sell for less. Prize must be accepted as awarded and may not be substituted, transferred or redeemed for cash or otherwise; however, Sponsor reserves the right to substitute a prize of comparable or greater value, in cash or otherwise, at its sole discretion, if the prize, or any component of the prize, cannot be awarded for any reason. Sponsor will not replace a lost or stolen prize. Sponsor makes no representations or warranties with respect to the prize and any concerns or claims concerning a prize should be directed to the manufacturer of such prize. Prize includes delivery to one address only, as supplied by selected winner. Certain shipping costs to an address outside the United States may be the responsibility of the winner. Any other costs or expenses associated with acceptance and use of the prize will be the responsibility of selected winner. All federal, state and local taxes (if any) are the sole responsibility of the winner. All prize details are at Sponsor’s sole discretion.
9. PERSONAL INFORMATION.
Sponsor and its authorized agents will collect, use, and disclose the personal information you provide when you enter the Giveaway for the purposes of administering the Giveaway and prize fulfillment. By entering the Giveaway you consent to such collection, use and disclosure. You may also be offered the opportunity to receive additional communications from Sponsor about its products, and upcoming Giveaway and promotions. You will only be contacted for these purposes if you consent to receive such communications at the time of entry. For further information about GearTune's privacy practices, please see www.geartunes.com/privacy-policy.
By accepting a prize, winner agrees to Sponsor's use of his/her name, city of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Giveaway in any media or format, whether now known or hereafter developed, including but not limited to the World Wide Web, in any manner, at any time or times in perpetuity, worldwide, without further compensation or notice or permission.
10. RIGHT TO VOID / TERMINATE / SUSPEND / MODIFY.
Sponsor reserves the right, to terminate, suspend or modify this Giveaway, or these Official Giveaway Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor's sole opinion, any factor interferes with its proper conduct as contemplated by these Official Giveaway Rules. Without limiting the generality of the foregoing, if the Giveaway, or any part thereof, is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Giveaway, Sponsor may, in its sole discretion, void any suspect Entries and: (a) terminate the Giveaway, or any portion thereof; (b) modify or suspend the Giveaway, or any portion thereof, to address the impairment and then resume the Giveaway, or relevant portion, in a manner that best conforms to the spirit of these Official Giveaway Rules; and/or (c) award the prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.
11. LIMITATIONS OF LIABILITY AND RELEASES.
BY PARTICIPATING IN THIS GIVEAWAY, ENTRANTS AGREE THAT SPONSOR HAS NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULTING FROM: A) ENTRY OR PARTICIPATION IN THIS GIVEAWAY OR ANY GIVEAWAY-RELATED ACTIVITY,
INCLUDING ACCESS TO AND USE OF THE GIVEAWAY WEB PAGE(S), OR B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR MERCHANDISE DELIVERY OR C) AWARDING, RECEIPT, POSSESSION, USE OR MISUSE OF THE PRIZE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you. Without limiting the foregoing, the Sponsor shall not be responsible for: (a) any incomplete or inaccurate information that is caused by Giveaway Website users, or by any of the equipment or programming associated with or utilized in the Giveaway, or by any technical or human error which may occur in the processing of submissions in the Giveaway; (b) lost, interrupted, or unavailable network, server, service provider, on-line systems, telephone networks or telephone lines, or any other connections; (c) the theft, destruction, loss or unauthorized access to, or alteration of, Entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (e) garbled transmissions or miscommunications; (f)failure of any e-mail to be received by or from the Giveaway judging organization or Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) damage to a user's computer equipment (software or hardware) occasioned by participation or downloading of materials related to this Giveaway; (h) printing, distribution, programming or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of Entries, the announcement of the prize or in any Giveaway-related materials; (i) technical, pictorial, typographical or editorial errors or omissions contained herein; or (j) lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, Entries or email.
12. GENERAL CONDITIONS.
Winning a prize is contingent on fulfilling all the requirements set forth herein. All Entries become the property of Sponsor and none will be returned or acknowledged. Mass Entries, automated Entries, Entries submitted by third parties, and any Entries or prize claims that are late, incomplete, fraudulent, illegible, unidentified or delayed will be void. All Entries and prize claims are subject to verification. Proof of entry submission does not constitute proof of receipt. Entrants agree to abide by these Official Giveaway Rules. Decisions of Sponsor and/or any independent Giveaway judging organization will be final and binding on all matters pertaining to this Giveaway. Giveaway is subject to all applicable federal, provincial municipal, territorial, state and local laws. Void where prohibited. Sponsor reserves the right to correct any typographical, printing, computer programming or operator errors. Sponsor's failure to enforce any term of these Official Giveaway Rules shall not constitute a waiver of that provision. The invalidity or unenforceability of any provision of these Official Giveaway Rules shall not affect the validity or enforceability of any other provision. If any provision of the Official Giveaway Rules is determined to be invalid or otherwise unenforceable, then the Official Giveaway Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Should a winner make any false statement(s) in any document referenced above, the winner will be required to promptly return to Sponsor his/her prize, or the cash value thereof. Sponsor reserves the right at its sole discretion to disqualify any individual (and void all associated Entries) who tampers or attempts to tamper with the entry process, the operation of the Giveaway and/or Giveaway Website, violates the Official Giveaway Rules, or acts with intent to annoy, abuse, threaten or harass any other person. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS GIVEAWAY OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of the person who submitted any entry, the authorized account holder of the e-mail address submitted at registration will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an e-mail address by an access provider, service provider, or other person or organization responsible for assigning e-mail addresses for the account associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
13. WINNER’S NAME:
For the name of the winner (available after January 20, 2014), go to the Treasure Chest page on the GearTunes website, or send a self-addressed stamped envelope to: GearTunes Treasure Chest Giveaway, P.O. Box 1921, Orinda, CA 94563 for receipt no later than February 20, 2014.
14. NOTE OF NON-AFFILIATION:
GearTunes and this Giveaway are not affiliated with any social networking websites including but not limited to facebook, Twitter, Instagram, Pintrest and LinkedIn.