Ultimate Gear Giveaway Official Rules
By participating in any sweepstakes, contest or promotion (each a “Promotion”) offered by Service Scout, Inc., dba TakeLessons (“TakeLessons”), each participant or Entrant agrees to be unconditionally bound by these Official Rules.
1. Promotion Summary.
|Prize:||One of three Guitar Center gift cards worth $2,000.00, $1,000.00 or $500.00.|
|Promotion Period:||December 8, 2014 at 12:01 a.m. through April 30, 2015 at 11:59:59 p.m. (PST).|
|Open to:||All U.S. residents.|
|Method of Entry:||Online submission at /blog/music-instrument-giveaway or by mail to TakeLessons, Attn: Promotions, 225 Broadway, Suite 600, San Diego, California 92101.|
|Method of Winning:||Initial round of ten finalists will be determined by public vote count. Final winners will be determined by a panel of judges selected at the discretion of TakeLessons.|
|Approximate Retail Value of all Prizes:||$3,500.00|
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.
2. Eligibility. VOID WHERE PROHIBITED BY LAW. In addition to the eligibility set forth in the Promotion Summary, each Promotion is open only to legal residents of the 50 United States and the District of Columbia, who are age 18 or older at the time of entry or persons under age 18 with consent of a parent or legal guardian (except where prohibited by law) (an “Entrant”). Employees, directors and officers of TakeLessons, its licensors and prize providers, and each of their promotion agencies and other parties involved in the implementation and execution of the Promotion and their respective parent companies, subsidiaries and affiliates (“Promotion Entities”), as well as members of such employees’, directors’ and officers’ immediate families (spouses, children, siblings, parents) or households (whether or not related), are not eligible to participate in any Promotion. Winners shall be required to sign an Affidavit of Eligibility and Liability/Publicity Release (the “Affidavit/Release”) as a condition to the delivery of the applicable prize. If a potential winner is under the age of majority where the winner resides, the potential winner’s parent or guardian must sign the Affidavit/Release as a condition.
3. How To Enter. The Promotion runs during the “Promotion Period” set forth in the Promotion Summary. To enter, go to the Giveaway Application page located on our website (the “Web Site”) and complete the entry form and upload the essay as directed and click on the “Submit” button and complete all other instructions (the “Entry”). Entrant must complete the Entry with all required information for the entry to be eligible. If a potential Entrant is under the age of majority where the Entrant resides, the potential Entrant’s parent or guardian must approve of the Entry and these Official Rules prior to submission. For purposes of these Official Rules, “receipt” of an online Entry occurs when TakeLessons’s servers record the Entry information upon Entrant’s clicking on the “Submit” button or, if applicable, when TakeLessons receives the Entrant’s entry form at the address below. Any automated computer receipt does not constitute proof of actual receipt by TakeLessons of an Entry for purposes of these Official Rules. The Web Site’s database clock with be the official time keeper for this Promotion. Entrants who are not currently subscribers to TakeLessons’ communications may choose to subscribe to TakeLessons’ communications on the Promotion entry form, but such subscription is not required for Promotion eligibility, unless otherwise indicated. Subscribers may receive TakeLessons’ news, announcements, and occasional requests to update their subscriber profile via e-mail. Subscribers may unsubscribe at any time. All mail-in entries must be postmarked by the end of the Promotion Period and received no later than five (5) business days thereafter to be eligible for the Promotion. TakeLessons is not responsible for postage-due or lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind, whether mechanical, human or electronic. For mail-in entries proof of postage is not proof of delivery. Not all Promotions are eligible for Entry through the mail.
4. Rules of Entry. Only entries actually received in compliance with these Official Rules and made within the Promotion Period are eligible for entry. No copies, facsimiles or mechanical reproductions of entries will be accepted. No third party entry or entry through a service is permitted. No automatic, programmed, robotic or similar means of entry are permitted. TakeLessons reserves the right to disqualify any individual entering by a prohibited method. All entries become the sole and exclusive property of TakeLessons and will not be acknowledged or returned. Failure to comply with these Official Rules may result in disqualification from the Promotion. Only one Entry per person is allowed regardless of method.
5. Prizes and Approximate Retail Value. Each winner selected will receive a gift card in the prize amount (“Giveaway Prize”). Winner may be issued a 1099 form based on the approximate retail value(s) of the prize as set forth by TakeLessons. All federal, state and local taxes are the responsibility of the winner. One prize per person.
6. Odds of Winning. Odds of receiving a prize are determined by the number of eligible entries. See the Promotion Summary for more specific information, when available.
7. Selection of Winners. The ten finalists will be determined by the number of votes received on the Giveaway Entry website. The final three winners will be selected by a panel of judges which will be assembled at the discretion of TakeLessons. Winners will be selected within twenty-one (21) business days after the Promotion Period ends. Prize winners will be chosen and notified via e-mail or telephone within forty-five (45) calendar days after the Promotion Period ends. Eligible entries are those in which all required fields have been completed correctly and otherwise comply with these Official Rules. Prizes will be awarded only upon winner validation and verification by TakeLessons. Winners may be required to complete, sign and return an IRS W-9 form to qualify for the prize. With respect to any winning entry, the winner may be required to provide TakeLessons with proof that the person is the registered account holder of the e-mail address associated with the winning Entry. Winners must agree to abide by all restrictions in connection with the prizes. Winners will have ten (10) calendar days from notification to accept the prize by sending an e-mail to the address specified in the notification or by certified mail/ return receipt requested to TakeLessons, Attn: Promotions, 225 Broadway, Suite 600, San Diego, California 92101. If such notification is undeliverable or no acknowledgement is received by TakeLessons from the potential prize winner within ten (10) calendar days of the date of notification or attempted notification, then such potential prize winner will be disqualified, and an alternate winner may be selected in TakeLessons’s sole discretion. TakeLessons is not responsible for any late, lost, or misdirected notification or for winners’ unsuccessful efforts to claim any prize. TakeLessons reserves the right to disqualify any Entrant or winner and may refuse to award any prize to a person who is ineligible or has violated any of these Official Rules, gained unfair advantage in participating in the Promotion, or obtained winner status using fraudulent means. The decisions of TakeLessons are final and binding in all matters relating to this Promotion.
8. Licenses and Representations. By submitting an Entry, you hereby grant TakeLessons, its licensees, distributor, agents, representatives and other authorized users, a perpetual, exclusive, irrevocable, royalty-free, sub-licensable, and transferrable (in whole or in part) license throughout the universe under all copyright, trademark, patent, trade secrets, moral and privacy and publicity rights and other intellectual property rights that you own or control to use, publish, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works, perform, and otherwise exploit the Entry, in whole or in part, in all media formats now known or hereafter devised (including on TakeLessons sites, on third party websites, on broadcast and cable networks and stations, on broadband and wireless platforms, and on physical media) for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. By submitting an Entry, you represent and warrant that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit all elements of the Entry in all manners contemplated by these Official Rules.
9. Privacy, Use Of Photo, Image And Likeness. By accepting prizes, winners consent to the use and publishing of their individual name, likeness, photograph or image, and voice by TakeLessons for promotional purposes in all manner and media formats worldwide, in perpetuity, without further compensation to Entrants individually or jointly, unless prohibited by law. Winners may be required to complete, sign and return a Publicity Release to qualify for the prize. If a potential winner is under the age of majority where the winner resides, the potential winner’s parent or guardian must sign the Publicity Release. Non-compliance with these provisions or return of any prize notification as undeliverable will result in disqualification and an alternate winner will be selected.
10. Arbitration/Choice of Law. Except where prohibited by law, you as a Entrant agree that: (1) any and all claims, disputes and causes of action relating directly or indirectly, to the Promotion shall be resolved individually, without resort to any sort of class action or representative action and exclusively by arbitration or alternative dispute resolution through JAMS pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect, with the arbitration to be conducted in San Diego County, California, the rules which can be found at www.jamsadr.com; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred and shall not include attorneys’ fees or costs of suit; and (3) in no event will a Entrant be entitled to obtain additional awards beyond out of pocket costs and Entrants hereby waive all rights to claim punitive, incidental and consequential damages and hereby waive any and all rights to have damages or awards multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, arbitrability and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of the TakeLesson in connection with the Promotion, shall be resolved by arbitration and governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. Should any term of this rule or any other rule, term or condition of these Official Rules and any addendum or published notice referenced in these Official Rules be determined to be void, unenforceable or contrary to applicable law, such terms or conditions shall, but only to the extent necessary to bring the rule within the requirements of the law, be deemed to be severed from the other terms and conditions and the remainder of the Official Rules shall remain in full force and effect.
11. Winners List. To obtain a copy of the winners list or a copy of these Official Rules, send your request along with a stamped, self-addressed envelope to: TakeLessons, Attn: Promotions, 225 Broadway, Suite 600, San Diego, California 92101.
12. Release. By participating, an Entrant (if deemed a minor in the jurisdiction he/she resides, his/her parent and/or legal guardian) agrees to forever and irrevocably release the Promotion Entities, and each of their respective directors, officers, agents, employees, shareholders, affiliates, successors and assigns (“Released Parties”), from any and all liability, claims, lawsuits, causes of action, proceedings, demands, judgments, expenses, costs, injuries, death, losses or damages of any kind caused by the Promotion and any element or activity thereof, Entrant’s participation, Entry or inability to participate or enter the Promotion, the unauthorized or illegal access to personally identifiable or sensitive information collected by TakeLessons, the acceptance, possession, use, redemption of, delivery of, inability to use, defect in, or misuse of the prize, TakeLessons’s administration of the Promotion, the lost, damaged, misdirected, or late delivery of the prize, the collection, sharing and/or use of the Entrant’s personally identifiable information by TakeLessons or its designees and any violation of any publicity, privacy, property or proprietary rights of Entrant, or any errors in the Official Rules or any promotional materials with respect to the Promotion.
13. General. If the operation of the Promotion is compromised due to virus, bugs, non-authorized human intervention or any other causes beyond the control of TakeLessons which corrupts, or impairs administration, security, fairness or proper conduct of the Promotion, TakeLessons reserves the right, in its sole discretion, to suspend, modify or terminate the Promotion in its entirety and to disqualify any individual who tampers with the entry process. In the event of any cancellation, termination or suspension, notice thereof will be posted on the Web Site. If TakeLessons decides to reconvene the Promotion after a suspension, the determination of the prize winners will be made, from among all eligible, non-suspect entries received as of the date of the suspension, as TakeLessons determines in its sole discretion. TakeLessons reserves the right to amend these rules at any time.
This Promotion is sponsored by: TakeLessons.
//END OFFICIAL RULES//November 10, 2014//