Ernie Ball – Fan Sweepstakes

ERNIE BALL PRESENTS YOUR CHANCE TO WIN: FAN SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
SPONSOR: Ernie Ball, Inc., 4117 Earthwood Lane, San Luis Obispo, CA 93401 (“Sponsor”). “Sponsor and its agents” shall mean Ernie Ball, Inc., its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents.
ELIGIBILITY: The Ernie Ball Fan Sweepstakes (the “Sweepstakes”) is open to legal residents of the U.S. (excluding Puerto Rico, Alaska, Hawaii, Rhode Island, U.S. territories and possessions and wherever prohibited or restricted by law.) sixteen (16) or older, as of the date of entry, who have an active e-mail account and Internet access as of the beginning of the Sweepstakes Period. Employees of Sponsor and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Sweepstakes Period, and their respective immediate family members and persons living in their same household, are not eligible to participate in the Sweepstakes. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules & Regulations (“Official Rules”). VOID WHERE PROHIBITED. Subject to all applicable federal, state and local laws. The Sweepstakes, and any web site pages and advertisements or promotional materials relating thereto, are intended for viewing only within the United States. You are not authorized to participate in the Sweepstakes if you are not physically located within the United States at the time of entry. Officers, Directors, employees and agents of Ernie Ball, Inc. Vans and each of their respective parent companies, affiliates, subsidiaries, divisions, and advertising and promotional agencies and their respective officers, directors and agents (collectively, the “Sweepstakes Entities”) and the immediate family members and persons living in the same household of each are not eligible.
HOW TO ENTER: This Sweepstakes begins at 12:01 a.m. (Pacific Time [“PT”]) on October 1st, 2018, and ends at 11:59 p.m. (PT) on December 31th, 2018 (“Sweepstakes Period”). You may enter the Sweepstakes only via online entry: Go to https://www.music-man.com/sweepstakes and completely fill out the online entry form and submit it in accordance with the on-screen directions during the Sweepstakes Period On-line entries must be received by 11:59 p.m. on December 31th, 2018 If more than one entry is submitted, only the first such entry submitted will be accepted. Any attempt by a participant to obtain more than one entry by using multiple/different e-mail addresses, identities or any other methods will void all of that participant’s entries. No mechanically reproduced entries permitted. Sponsor will not verify receipt of entries. All entries submitted become the sole property of Sponsor and will not be returned. By entering, Entrants agree to comply with these Official Rules and represent that they meet all eligibility requirements. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at website does not constitute proof of delivery or receipt. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of the entrant. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted by the person in whose name the e-mail account is registered on the date the entry is submitted.
POTENTIAL WINNER SELECTION AND NOTIFICATION: Potential winner will be selected in a random drawing on or about January 1st, 2019 by Sponsor or its designee, the judge of the Sweepstakes, whose decisions are final and binding on all matters relating to the Sweepstakes (“Potential Winner”). Potential Winner will be notified by telephone, U.S. mail, and/or e-mail using the contact information provided at the time of entry (“Prize Notification”) and must respond to the Prize Notification within seven (7) calendar days from the first notification attempt (the “Deadline”). Such response shall include the providing and/or confirming of his/her full name and a mailing address (“Mailing Information”), where Sponsor can send an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Sweepstakes Documents”). The mailing address must be a street address (no P.O. Boxes). If a Potential Winner does not provide the Mailing Information in response to the Prize Notification by the Deadline, he/she will be disqualified and an alternate Potential Winner will be selected from all eligible entries received for the drawing. Sponsor will attempt to award the prize to alternate winners following the same procedure. Once Sponsor receives a Potential Winner’s Mailing Information, a set of Sweepstakes Documents will be sent to him/her via overnight mail or email. Each Potential Winner must sign and return the Sweepstakes Documents within seven (7) of the date of receipt or he/she will forfeit the Prize and an alternate Potential Winner will be selected, per the procedure described above. Provided that the Potential Winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein, following Sponsor’s receipt of the signed Sweepstakes Documents, Sponsor shall declare the Potential Winner the winner (“Winner”). Return of any Prize Notification or Sweepstakes Documents as undeliverable will result in disqualification, and an alternate Potential Winner will be selected from all eligible entries received for the original drawing. Sponsor shall repeat the winner selection and notification procedures set forth in this Section until a qualified Winner has been selected and the Prize has been awarded.
PRIZE AND ODDS OF WINNING: One (1) Grand Prize: – The Grand Prize winner may choose one (1) of the following models: STV HHH in one of the following colors (Vincent Blue, Tobacco Burst, Polaris White or Stealth Black, or one (1) STV HH in one of the following colors (Charcoal Sparkle, Sea Breeze, Blue Dawn or Stealth Black). ARV of prize: $2199.00 – $2399.00. Total ARV of all Grand Prizes is $2199.00 – $2399.00. Odds of winning depend on the number of eligible Entries received. Each entry will have an equal chance of winning.
PRIZE CONDITIONS: No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. Prize is non-transferable. The Prize is awarded “AS IS” and without WARRANTY OF ANY KIND, express or implied (including without limitation, any implied warranty of merchantability or fitness for a particular purpose). TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, including all federal, state, local and other taxes and any license, destination and delivery charges are the sole responsibility of Winner. Winner is advised to seek counsel regarding tax liabilities associated with the Prize. Winner may be issued a 1099 tax form for the ARV of the Prize.
GENERAL CONDITIONS: By participating in this Sweepstakes, participants agree: (a) to be bound by these Official Rules, the decisions of the judges, and the Ernie Ball Privacy Policy, (b) to release and hold harmless Sponsor and the Sweepstakes Entities and their respective agents from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, or related to their participation in the Sweepstakes and/or their participation in any Prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); and (c) to be contacted by Sponsor via e-mail and telephone. By accepting the Prize, Winner (or if the Winner is an eligible minor as defined in his/her state of residence, his/her parent/legal guardian) consents to the use of the Winner’s name and/or likeness (including his/her voice, biographical information, city and state of residence, statements, photograph) for advertising and promotional purposes without additional compensation (except if Winner is a resident of TN or where prohibited by law). Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of this Sweepstakes for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
INTERNET: If for any reason the Sweepstakes is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstakes or web site, and to cancel, terminate, modify, or suspend the online portion of the Sweepstakes without notice and to select the winner from all eligible entries received prior to the cancellation or termination, plus entries received from all other methods of entry. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes.
CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
DISPUTES: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes shall be 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 or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.
WINNER’S LIST: For a winners list, send a self-addressed stamped envelope to: “Fan Sweepstakes”, Winner’s List, c/o Ernie Ball Stores, Inc., 4117 Earthwood Lane, San Luis Obispo, CA 93401, to be received no later than May 31st, 2019. TM and © 2018. Ernie Ball, Inc. All rights reserved.