D’addario – Walrus X Xpnd Pedal Giveaway Sweepstakes


Walrus x XPND Pedal Giveaway
Official Rules
1. Eligibility: The Walrus x XPND Pedal Giveaway (the “Sweepstakes”) is open to individuals who are at least the legal age of majority in their state/province/country and are a legal resident of one of the fifty (50) United States, the District of Columbia, Canada (excluding Quebec), the UK and Germany at the time of entry with a valid email address. Employees, contractors, directors, officers, and agents of D’Addario & Company, Inc. (“Sponsor”), its parent, affiliates, subsidiaries, distributors, sales representatives, authorized retailers, artists and advertising, promotion and judging agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win. This Sweepstakes is void where prohibited or restricted by law.
This Sweepstakes is subject to all applicable federal, state, provincial, and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: D’Addario & Company, Inc. 595 Smith Street, Farmingdale, New York, 11735.
3. Sweepstakes Entry Period: The Sweepstakes begins on November 28th, 2022 9:00:00 A.M. EDT/6:00 A.M. PST/ 2:00 P.M. BST / 3:00 P.M. CEST and ends on December 14th, 2022 at 11:59 P.M. EST EDT/December15th, 2022 4:59:59 A.M. BST/ 5:59 A.M. CEST (the “Sweepstakes Entry Period”). All entries must be received before the Sweepstakes Entry Period end time/date to be valid.
4. How to Enter: During the Sweepstakes Entry Period, go to https://www.daddario.com/xpnd-walrus-giveaway (“Website”) and complete and submit the form (includes providing your first and last name, email address, country, primary instrument, and status as a music educator) to receive one (1) entry into the Sweepstakes. Individuals who do not follow all of the instructions, provide the required information in the entry form, fully complete and/or submit the entry form, and/or abide by these Official Rules or other instructions of Sponsor may be disqualified, all in Sponsor’s sole discretion. Limit: One (1) entry per person/e-mail address during the entire Sweepstakes Entry Period.
Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may entrants use any other device or artifice to enter multiple times or as multiple entrants. Any entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple entrants are not permitted to share the same e-mail address Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Potential winner may be required to show proof of being the Authorized Account Holder.
5. Drawing: On or around December 15th, 2022, Sponsor will randomly select three winners from among all eligible entries received during the Sweepstakes Entry Period. Odds of winning a prize depend on the number of eligible entries received.
On or around December 15th, 2022, potential winners will be notified via the e-mail address and/or telephone number provided during entry into the Sweepstakes. Potential winners are subject to verification. If a potential winner is found not to be eligible or not in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if any required documents are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within seven (7) business days of attempted notification or prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
6. Prize (1): One (1) XPND1 Pedalboard, One (1) D’Addario Pedal Tuner Plus, Three (3) 4-Inch Patch Cable Twin Packs, One (1) Backline XPND1 Pedalboard Transporter, Two (2) American Stage Cables, Three (3) Sets of XS Electric Guitar Strings, Three (3) Pedals from Walrus: Walrus Mira Optical Compressor Pedal, Walrus Lore Reverse Soundscape Generator, & Walrus Eons Five-State Fuzz/Distortion Pedal (“ARV”): up to: $1,308 USD, £1,107.72 GBP, $1,760.14 CAD, €1,276.24 EUR. Limit: one (1) prize per person/email address/household. Prizes are non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for shipment of prize after confirmation. Prize values are based on the conversion rates as of 11/21/22, and the difference, if any, shall not be awarded.
7. Release: As a condition of entering and to the maximum extent permitted by law, entrants agree (and agree to confirm in writing): (a) to release Sponsor, Facebook, Inc., Twitter, Inc., Instagram, Inc., and their affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any prize; (b) under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions, including the UK, do not allow releases in this form in terms and conditions for use with consumers, so this release may not apply to every entrant. In particular, with respect to German entrants, the before-mentioned limitations of liability shall not limit in any way our liability for death, personal injury or health, for acts of gross negligence and premeditation and for violations of cardinal contractual obligations and for liability which is based on a guarantee.
8. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
9. General Conditions: Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes, the Website, or by any technical or human error which may occur in the processing of the entries. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes and/or Website, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor may randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the Website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process, the Website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law in some territories, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Governing Law & Jurisdiction: This Sweepstakes and its Official Rules are governed by U.S. law and are subject to all applicable federal, provincial, state and local laws and regulations. Entrants from the UK have additional rights under applicable consumer and other laws, regulations and codes in the UK. Except as set out below, all issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings arising out of this Sweepstakes shall take place in the State of New York, in the County of Suffolk. Entrants from the UK and Germany may additionally bring actions in their local courts. The foregoing does not restrict the application of German mandatory consumer law to German consumers.
11. Entrant’s Personal Information: Please see the Privacy Policy located at
https://www.daddario.com/legal/privacy-policy/ for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. By entering this Sweepstakes, you understand and agree that your personal information collected in connection with this Sweepstakes will be collected, stored, and processed in the United States. Except where prohibited by law, if you are selected as a winner, your information may also be included in a publicly-available winner’s list.
12. Winner’s List: U.S. consumers may obtain a winner’s list by mailing a self-addressed, stamped envelope to: 595 Smith Street, Farmingdale, NY 11735. Requests must be received by December 14th, 2022.