Ernie Ball – Ultimate Metallica Experience Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: The Ultimate Metallica Experience (the “Promotion” or “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least the age of majority in their state of residence (eighteen (18) in most states and the District of Columbia; nineteen (19) in Nebraska and Alabama and twenty-one (21) in Mississippi) at the time of entry. Employees of Ernie Ball, Inc., Guitar Center, Inc., their affiliates, subsidiaries, authorized dealers, licensees, suppliers, marketing partners, advertising and promotion agencies as well as their family and household members are not eligible. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. 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: Ernie Ball, Inc., 53973 Polk Avenue, Coachella, CA 92236.
3. Timing: The Promotion begins on April 13, 2023 at 12:00 a.m. Eastern Time (“EDT”) and ends on May 29, 2023 at 11:59 p.m. EDT (the “Promotion Period”). Sponsor’s computer is the official timekeeping device for this Promotion.
4. How to Enter: You will need a code (“Code”) to participate in the Sweepstakes. There are two (2) ways to obtain a Code and enter the Sweepstakes, as outlined below.
a. Make a Qualifying Purchase: During the Promotion Period, purchase one of the following types of Ernie Ball guitar strings from Guitar Center or www.guitarcenter.com (each a “Qualifying Product”):
Ernie Ball 2002 Earthwood 80/20 Bronze Medium Acoustic Guitar Strings
Ernie Ball 2003 Earthwood 80/20 Bronze Medium Light Acoustic Strings
Ernie Ball 2004 Earthwood 80/20 Bronze Light Acoustic Guitar Strings
Ernie Ball Earthwood 80/20 Custom Medium Bronze Acoustic Guitar Strings 12.5-56
Ernie Ball 2006 Earthwood 80/20 Bronze Extra Light Acoustic Guitar Strings
Ernie Ball Earthwood 80/20 Custom Light Bronze Acoustic Guitar Strings 11.5-54
Ernie Ball Paradigm Skinny Top Heavy Bottom Electric Guitar Strings
Ernie Ball Paradigm Power Slinky Electric Guitar Strings
Ernie Ball Paradigm Regular Slinky Electric Guitar Strings
Ernie Ball Paradigm Hybrid Slinky Electric Guitar Strings
Ernie Ball Paradigm Super Slinky Electric Strings
Ernie Ball 2069 Earthwood 80/20 Bronze Folk Nylon Ball End Acoustic Guitar Strings
Ernie Ball Earthwood Phosphor Bronze Custom Medium Acoustic Guitar String 12.5-56
Ernie Ball 2144 Earthwood Phosphor Bronze Medium Acoustic Guitar Strings
Ernie Ball Earthwood Phosphor Bronze Custom Light Acoustic Strings 11.5-54
Ernie Ball 2146 Earthwood Phosphor Bronze Medium-Light Acoustic Guitar Strings
Ernie Ball 2148 Earthwood Phosphor Bronze Light Acoustic Guitar Strings
Ernie Ball 2150 Earthwood Phosphor Bronze Extra Light Acoustic Guitar Strings
Ernie Ball Mondo Slinky 2211 (10.5-52) Nickel Wound Electric Guitar Strings
Ernie Ball Primo Slinky Nickel Wound Electric Guitar Strings Gauge 9.5 – 44
Ernie Ball Mega Slinky Nickel Wound Electric Guitar Strings – Gauge 10.5 – 48
Ernie Ball Mammoth Slinky Nickel Wound Electric Guitar Strings – Gauge 12 – 62
Ernie Ball 2215 Nickel Skinny Top/Heavy Bottom Electric Guitar Strings
Ernie Ball Skinny Top/Beefy Bottom 2216 (10-54) Nickel Wound Electric Guitar Strings
Ernie Ball Zippy Slinky Nickel Wound Electric Guitar Strings 7-36
Ernie Ball 2220 Power Slinky Nickel Electric Guitar Strings
Ernie Ball Regular Slinky 2221 (10-46) Nickel Wound Electric Guitar Strings
Ernie Ball 2222 Nickel Hybrid Slinky Electric Guitar Strings
Ernie Ball Super Slinky 2223 (9-42) Nickel Wound Electric Guitar Strings
Ernie Ball Turbo Slinky 2224 (9.5-46) Nickel Wound Electric Guitar Strings
Ernie Ball 2225 Nickel Extra Slinky Electric Guitar Strings
Ernie Ball Burly Slinky Nickel Wound Electric Guitar Strings (11-52)
Ernie Ball Ultra Slinky Nickel Wound Electric Guitar Strings (10-48)
Ernie Ball Mighty Slinky 2228 (8.5-40) Nickel Wound Electric Guitar Strings
Ernie Ball Hyper Slinky Nickel Wound Electric Guitar Strings 8-42
Ernie Ball P02230 Nickel 12-String Slinky Electric Guitar Strings 8-40
Ernie Ball P02250 Classic Pure Nickel Power Slinky Electric Guitar Strings 11-48
Ernie Ball 2251 Pure Nickel Slinky Electric Guitar Strings
Ernie Ball 2253 Super Slinky Pure Nickel Electric Guitar Strings
Ernie Ball P02255 Extra Slinky Pure Nickel Wrap Electric Guitar Strings 8-38
Ernie Ball Concert/Soprano Nylon Ball-End Ukulele Strings Soprano/Concert
Ernie Ball 2403 Ernesto Palla Nylon Clear and Silver Classical Acoustic Guitar Strings
Ernie Ball 2406 Ernesto Palla Nylon Black and Silver Classical Acoustic Guitar Strings
Ernie Ball 2409 Ernesto Palla Nylon Ball End Classical Acoustic Guitar Strings
Ernie Ball STHB Nickel Wound 7-String Electric Guitar Strings 10-62
Ernie Ball Magnum Slinky Nickel Wound Electric Guitar Strings 12-56
Ernie Ball 2620 Nickel 7-String Power Slinky Electric Guitar Strings
Ernie Ball 2621 Nickel 7-String Slinky Electric Guitar Strings
Ernie Ball 8-String Slinky Electric Guitar Strings 10-74
Ernie Ball 2626 Nickel Not Even Slinky Drop Tuning Electric Guitar Strings
Ernie Ball 2627 Nickel Beefy Slinky Drop Tuning Electric Guitar Strings
Ernie Ball 2715 Cobalt Skinny Top Heavy Bottom Electric Guitar Strings
Ernie Ball 2720 Cobalt Power Slinky Electric Guitar Strings
Ernie Ball 2721 Cobalt Regular Slinky Electric Guitar Strings
Ernie Ball 2722 Cobalt Hybrid Slinky Electric Guitar Strings
Ernie Ball 2723 Cobalt Super Slinky Electric Guitar Strings
Ernie Ball 2725 Cobalt Extra Slinky Electric Guitar Strings
Ernie Ball P02726 Cobalt Not Even Slinky Electric Guitar Strings 12-56
Ernie Ball P02727 Cobalt Beefy Slinky Electric Guitar Strings 11-54
Ernie Ball 2728 Cobalt 7-String Regular Slinky Electric Guitar Strings
Ernie Ball P02730 Cobalt 7-String Skinny Top Heavy Bottom Electric Guitar Strings 10-62
Ernie Ball 2732 Cobalt Regular Slinky Electric Bass Strings
Ernie Ball 2734 Cobalt Super Slinky Electric Bass Strings
Ernie Ball 2736 Cobalt Regular Slinky 5-String Electric Bass Strings
Ernie Ball 2812 Regular Slinky Flatwound Bass Strings
Ernie Ball P02813 Hybrid Slinky Flatwound Bass Strings
Ernie Ball P02814 Super Slinky Flatwound Bass Strings
Ernie Ball P02815 Extra Slinky Flatwound Bass Strings
Ernie Ball 2821 Power Slinky 5-String Bass Strings
Ernie Ball 2824 Super Slinky 5-String Bass Strings
Ernie Ball 2831 Slinky Round Wound Power Bass Strings
Ernie Ball 2832 Regular Slinky Roundwound Bass Strings
Ernie Ball 2833 Hybrid Slinky Roundwound Bass Guitar Strings
Ernie Ball 2834 Super Slinky Roundwound Bass Strings
Ernie Ball 2835 Extra Slinky Round Wound Bass Strings
Ernie Ball 2836 Slinky 5-String Bass Strings
Ernie Ball 2838 Slinky Nickel Round Wound 6-String Electric Bass Strings
Ernie Ball Beefy Slinky Nickel Wound Electric Bass Guitar Strings – 65-130 Gauge
Ernie Ball Hyper Slinky Nickel Wound Electric Bass Strings 40-100
Ernie Ball 2915 M-Steel Skinny Top Heavy Bottom Electric Guitar Strings
Ernie Ball 2920 M-Steel Power Slinky Electric Guitar Strings
Ernie Ball 2921 M-Steel Regular Slinky Electric Guitar Strings
Ernie Ball 2923 M-Steel Super Slinky Electric Guitar Strings
Ernie Ball 3003 Earthwood 80/20 Bronze Medium Light Acoustic Strings 3-Pack
Ernie Ball 3004 Earthwood 80/20 Bronze Light Acoustic Guitar Strings 3-Pack
Ernie Ball Earthwood Extra Light 80/20 Bronze Acoustic Guitar Strings 3-Pack 10 – 50
Ernie Ball Primo Slinky Nickel Wound Electric Guitar Strings 3-Pack 9.5 – 44
Ernie Ball 3215 Nickel Skinny Top/Heavy Bottom Electric Guitar Strings 3-Pack
Ernie Ball 3220 Nickel Power Slinky Electric Guitar Strings 3-Pack
Ernie Ball 3221 Nickel Slinky Electric Guitar Strings 3-Pack
Ernie Ball 3222 Nickel Hybrid Slinky Electric Guitar Strings 3-Pack
Ernie Ball 3223 Nickel Super Slinky Electric Guitar Strings 3-Pack
Ernie Ball Extra Slinky Nickel Wound Electric Guitar Strings 3-Pack 8 – 38
Ernie Ball Ultra Slinky Nickel Wound 10-48 Electric Guitar Strings 3-Pack 10 – 48
Ernie Ball Ernesto Palla Black & Gold Ball-End Nylon Classical Guitar Strings 3-Pack 28 – 42
Ernie Ball Earthwood Medium Light Phosphor Bronze Acoustic Guitar Strings 3-Pack 12 – 54
Ernie Ball Earthwood Light Phosphor Bronze Acoustic Guitar Strings 3-Pack 11 – 52
Ernie Ball Not Even Slinky Nickel Wound 12-56 Electric Guitar Strings 3-Pack 12 – 56
Ernie Ball Beefy Slinky Nickel Wound 11-54 Electric Guitar Strings 3-Pack 11 – 54
Ernie Ball 3721 Cobalt Regular Slinky Electric Guitar Strings 3-Pack
Included in each Qualifying Product is a unique code printed on the inside of the packaging. Visit ernieball.com/metallica and follow the onscreen instructions to complete the online registration form. You will be required to enter your one-time use Code along with a receipt number as proof of purchase to receive one entry into the Sweepstakes.
b. Request a Free Code – From April 13, 2023 to May 22, 2023 – Request a Code via Mail-In: To obtain a Code without making a purchase, hand print your complete name, address, valid email address, daytime phone number, and age on a 3″ x 5″ piece of paper and mail it with proper postage to “The Ultimate Metallica Experience”, c/o Ernie Ball Inc., P.O. Box 4117, San Luis Obispo, CA 93403. You may only make one (1) Code request per envelope. All mail-in Code requests (including outer-mailing envelope) must be handwritten and must be postmarked by May 17, 2023 and received by May 24, 2023. Mail-in Code requests that comply with the above requirements will receive one (1) unique Code via email within 7 business days from the postmark date. All Code requests become the exclusive property of the Sponsor and will not be acknowledged or returned. Proof of sending will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage due Code requests, which will be disqualified. Once you have received a Code, visit www.ernieball.com/metallica and follow the onscreen instructions to enter your Code and submit your completed entry form.
c. Mail-in an Entry Request – From May 23, 2023 to May 29, 2023 – To receive one (1) entry in the Sweepstakes without making a purchase, on a plain piece of 3”x5” paper, hand print your complete name, address, valid e-mail address, daytime phone number, and age. Then, on the opposite side of your entry, in at least 20 words complete the sentence: “I want to win The Ultimate Metallica Experience because…”. Mail your entry in a #10 business-size envelope with first-class postage affixed to: c/o Ernie Ball Inc., P.O. Box 4117, San Luis Obispo, CA 93403. Your outer-mailing envelope must include a valid return address, which includes a complete first and last name. Mailed entries received without a verifiable and legible return address will be deemed incomplete and invalid. Limit one entry per outer-mailing envelope. Bulk shipments (multiple entries in one shipping package) will not be accepted. Mail-in entry, including outer-mailing envelope must be handwritten. No mechanically reproduced entries or metered mail permitted. Statements contained in a mail-in entry will not be judged but must be unique; Statements must not in any way reflect negatively upon Sponsor, the Promotion or any other person or entity. Mail-in entries must be postmark that corresponds to a day between May 23, 2023 and May 30, 2023, and must be received by June 7, 2023 to be eligible for the random drawing. Each mail-in envelope will count as one (1) entry, provided that the mail-in entry complies with the above requirements and it does not exceed the entry limitation stated below.
Limit: Entrants may enter the Sweepstakes twenty (20) times during the Promotion Period by any combination of entry methods. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s entry and that participant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
5. Grand Prize Drawing: Five (5) potential winners will be selected in a random drawing held on or about June 16, 2023 from among all eligible entries received by Sponsor. Odds of winning a prize depend on the number of eligible entries received. Limit of one (1) prize per person/household. Alternate potential winners will be selected at random at the same time as the potential winners and may be contacted (in order of selection) if the potential winner fails to comply with any of the requirements set forth herein in a timely manner or if a potential winner cannot be contacted.
6. Winner Requirements: Receiving a prize is contingent on eligibility verification and potential winner fulfilling all requirements. The potential Sweepstakes winners will be notified by email or telephone on or after June 23, 2023. Each potential Sweepstakes winner will be required to sign and return a Declaration of Compliance, Liability Release, and where lawful, a Publicity Release, which must be received by Sponsor within five (5) days of the date notice or attempted notice is sent. Winners will also be required to return a completed W9 tax form which will be used solely for tax reporting purposes. Winner’s guest must be of legal age of majority and a U.S. resident, and will be required to complete liability/publicity releases prior to issuance of travel documents. If a potential Sweepstakes winner cannot be contacted, or fails to sign and return the Declaration of Compliance, Liability and Publicity Release within the required time period, or if any prize/prize notification is returned as undeliverable, the potential winner will be disqualified without further notice and an alternate winner will be selected, time permitting. In the event that such a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. There will be three (3) attempts to award the applicable prize to an alternate winner after which the applicable prize will remain unawarded.
FIVE (5) GRAND PRIZES: Each Grand Prize consists of a trip for winner and one guest to Phoenix, Arizona to see Metallica (the Band) in concert on September 1, 2023, and to attend sound check on August 30, 2023 (ARV: $2,500); one (1) ESP LTD Kirk Hammett Signature Series KH-202 Black Electric Guitar (ARV: $699); a Dunlop Prize Pack consisting of: Signed KH95X Kirk Hammet Signature Cry baby (ARV: $199.99), 24 Kirk Hammet Jazz III Purple Sparkle Picks (ARV: $12.19), 24 James Hetfield’s White Fang Custom Flow Picks (ARV: $23.99 each); an Ernie Ball Prize Pack consisting of: one (1) VP JR Tuner Volume Pedal (ARV: $219.00), one (1) Volt Power Supply (ARV: $99.99), one (1) Flat Ribbon Patch Cables Pedalboard Multi-pack (ARV: $69.99), one (1) 18’ Braided Instrument Cable (ARV: $34.99) one (1) Papa Het’s Hardwired Master Core Signature Strings 3-Pack (ARV: $34.99), one (1) Comfort Neoprene Guitar Strap (ARV: $34.99), and one (1) Ernie Ball Hat (ARV: $19.99); and five (5) Metallica Vinyl Records; including 72 Seasons (ARV: $24.98), Ride The Lightning (ARV: $24.98), Master of Puppets (ARV: $24.98), Kill ‘Em All (ARV: $24.98), and Metallica (Remastered (ARV: $29.98). Trip package includes roundtrip, coach-class air transportation for the winner and a guest from a major airport near winner’s home (determined by Sponsor in its sole discretion) to Phoenix, AZ; and three (3) nights’ accommodations at a hotel determined by Sponsor in its sole discretion (one room, double occupancy); and $750 to be used for meals and ground transportation while in Phoenix, AZ. The trip is tentatively scheduled for August 30, 2023. Winner must travel on the dates determined by Sponsor in its sole discretion or prize will be forfeited. Travel and accommodations are subject to availability. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. Winner and guest must travel on same itinerary. All travelers must possess required travel documents (i.e., valid government-issued photo ID). A valid credit card may be required at time of hotel check-in. Winner is responsible for all costs not specifically included in the prize package. All prize details not specified in these Official Rules will be determined by the Sponsor in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor is not responsible if sound check or any concerts with the Band are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion. Sponsor makes no warranties, and hereby disclaims any and all warranties, expressed or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. The concert experience offered herein is subject to the restrictions and requirements of the venue and event organizers; the prize restrictions/conditions stated herein are not all-inclusive and may be subject to additional terms. The Released Parties (as defined in section 9) are not responsible for any lost, mutilated or stolen airline ticket prizes; nor will said prizes be replaced. The Released Parties are not responsible for any postponement or cancellation of a concert/event or for any issues that may arise from venue operation/management. The components of this prize are subject to change based on local health and safety guidelines leading up to/at the time of the trip. The Sponsor and/or any other relevant party reserve the right to remove or deny entry to the winner and/or a guest of a winner who engages in a non-sportsman like or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person at any event or at any prize-related venue. In no event will the Released Parties provide any additional compensation to any entrant other than the prize offered as stated herein Total Approximate Retail Value (“ARV”) of Grand Prize: $4,079.01. Actual value may vary based on airfare fluctuations and distance between departure and destination. Any difference in ARV and actual value will not be awarded to the Grand Prize Winner. Grand Prize Winner and guest are responsible for obtaining travel insurance (and all other forms of insurance) if applicable and at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Grand Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or portions thereof, with a prize of equal or greater value.
The specifics of all aforementioned elements of the Grand Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on the Grand Prize are the Grand Prize Winner’s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize.
For All Prizes: No cash equivalent and all prizes are non transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value (subject to applicable legal or regulatory limitations) if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL PRIZES: $20,395.05.
9. Release: By participating, all entrant(s) agree, and by acceptance of or receipt of any prize winner(s) agree to release and hold harmless the Sponsor, Guitar Center, Inc., together with each of their parent companies, as applicable, and each such owners, directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, or administration of the Promotion, (collectively, the “Released Parties”) from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize in the Promotion, or their participation in the Promotion, or their participation in any Promotion or prize related activity, except where prohibited by law. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Each potential winner acknowledges that Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize awarded in this Promotion. Apart from manufacturer warranties (which may not be available in all geographies), all warranties are hereby disclaimed, and each potential winner will accept any prize “AS IS.” No support services are provided with any prize.
10. Publicity: Except where prohibited, participation in the Promotion constitutes winner’s consent to Sponsor’s use of the winner’s name, likeness and/or city/state of residence for promotional purposes in any media, worldwide, without further payment or consideration.
11. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, at its discretion, award prize(s) from among all non-suspect, eligible entries received up to time of such action. In no event will more than the stated number of prizes be awarded. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules 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, 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. This Promotion is void where prohibited or restricted by law, and is subject to applicable federal, state, and local laws. This Promotion is subject to these Official Rules. By participating, entrants agree: (i) to be bound by these Official Rules and the decisions of the Sponsor which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Promotion or these Official Rules, except where prohibited by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. Limitations of Liability: In addition to and cumulative of the matters released in Section 9 hereinabove, the Sponsor and Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of any prize (other than as a direct result of the Sponsor’s negligence). If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. No more than the stated number of prizes will be awarded.
13. Arbitration: PLEASE READ: IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION. These Official Rules contain terms that govern how claims relating to this Promotion will be resolved. For example, they include an arbitration agreement and waiver of a class action that require submitting sweepstakes-related claims to an arbitrator (instead of going to court before a judge or jury). They also limit the ability to bring claims on behalf of other persons (that is, it prohibits bringing any class action or collective or representative proceeding). The Official Rules also limit the type of damages that can be recovered. Please read these terms carefully as they impact your legal rights and, by participating in the Giveaway you are agreeing to the terms.
CHOICE OF LAW/JURISDICTION AND DISPUTE RESOLUTION: This Sweepstakes is offered only in the 50 United States and the District of Columbia and is governed by the laws of the State of California. By entering, entrants irrevocably consent to the dispute resolutions stated below as well as to the sole and exclusive jurisdiction of the courts of the State of California located in the county of San Luis Obispo for any action, suit or proceeding arising out of or relating to this Giveaway.
a. Any dispute or claim between you, on the one hand, and Sponsor, their parent, subsidiaries, affiliates, agents, employees, and assigns, on the other hand (“Claims”) will be resolved exclusively by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. Further, you will not have the right to participate as a representative or a member of a class of claimants. However, except as excluded in Section 9 (f), an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
b. Claims include, without limitation, (1) Claims related to or arising out of any aspect of any relationship between you and Sponsor; and (2) Claims relating to the construction, scope, applicability, or enforceability of this arbitration agreement. Claim has the broadest possible meaning and includes disputes based on contract, tort, consumer rights, fraud or other intentional torts, statutes, regulations, common law, or equity. Notwithstanding the foregoing, “Claim” does not include an action solely to enjoin infringement or other misuse of intellectual property rights, which may be filed in court.
c. You and Sponsor agree to provide written notice of any Claim and attempt in good faith to resolve the dispute before beginning an arbitration proceeding. Notice to Sponsor shall be sent to the Sponsor’s address at Ernie Ball, Inc., 53973 Polk Avenue, Coachella, CA 92236. If the dispute cannot be resolved within 30 days of providing written notice, any party may initiate an arbitration.
d. The arbitration will be administered by JAMS. The JAMS arbitration rules can be obtained at www.jamsadr.com or 1-800-352-5267. The arbitration will be decided by a single arbitrator selected in accordance with JAMS rules. The arbitrator will take reasonable steps to protect proprietary and confidential information. At your or Sponsor’s request, the arbitrator will issue a reasoned written decision explaining the basis for the award.
e. No class action, private attorney general, or other representative claims may be pursued in arbitration. Unless agreed in writing, claims of two or more people cannot be joined or consolidated in the same arbitration.
f. An arbitration award is limited to actual damages. The arbitration award shall not include statutory damages, disgorgement of profits, lost profits, consequential damages, or punitive damages.
g. This Promotion involves interstate commerce and these Official Rules and any arbitration proceedings are governed by the Federal Arbitration Act. Any Claim or other dispute between the parties will be governed by these Official Rules and the laws of the state of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
15. Promotion Results: For a winners list, send a self-addressed stamped envelope to: “The Ultimate Metallica Experience”, Winner’s List, c/o Ernie Ball, Inc, 4117 Earthwood Lane, San Luis Obispo, CA 93401, to be received no later than December 31, 2023. The winners list will be available on/about 7/31/2023, or after all winners have been verified.
© 2023 Ernie Ball, Inc. All Rights Reserved.