Taylor Guitars – Desktop Recording 322ce Prize Pack Sweepstakes

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The Taylor Guitars “Desktop Recording”
322ce Prize Pack Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE
YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: The Taylor Guitars “Desktop Recording”
Sweepstakes (the “Sweepstakes”) for the promotion of Taylor Guitars’ 322ce
acoustic guitars, Universal Audio’s Apollo Twin MKII Quad interfaces, and
Mojave Audio’s MA-201fet condenser microphones begins on or about May 1,
2019 at 12:00 PM Pacific Time (“PT”) and ends on July 31, 2019, at 12:00 PM PT
(the “Promotion Period”). At the end of the Promotion Period, a random drawing
will be conducted to select one (1) winner of a Prize from among all eligible
entries received during the Promotion Period, as set forth more fully below. Entry
in the Sweepstakes does not constitute entry into any other promotion, contest or
sweepstakes. By participating in the Sweepstakes, each entrant unconditionally
accepts and agrees to comply with and abide by these Official Rules and the
decisions of Taylor-Listug, Inc. d/b/a Taylor Guitars, 1980 Gillespie Way, El
Cajon, CA 92020 (“Sponsor”), which shall be final and binding in all respects.
This Sweepstakes is in no way sponsored, endorsed or administered by, or
associated with, Facebook.
ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and
District of Columbia and Canada (excluding Québec) who are at least eighteen
(18) years of age at the time of entry are eligible to enter. Officers, directors and
employees of Sponsor, or any of its parents, subsidiaries, affiliates, distributors,
retailers, sales representatives, advertising and promotion agencies (all such
individuals and entities collectively referred to herein as the “Promotion Entities”),
and the immediate family members and/or those residing in the same household of
each are ineligible to enter the Sweepstakes or win a prize. This Sweepstakes is
void where prohibited.
HOW TO ENTER: To enter, visit the web site at
https://t.go.taylorguitars.com/webApp/DesktopRecordingGiveaway (the
“Website”) during the Promotion Period and follow the instructions to complete
the entry form with the information requested.
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Click “Submit” to submit your online entry form for the Sweepstakes. Upon
completion and submission of the entry form, you will receive one (1) entry into
the Sweepstakes. All required information on the entry form must be completed to
enter and to be eligible to win. Limit one (1) entry per person. All entries must be
received by the end of the Promotion Period in order to participate. Sponsor or its
Vendor will be the official time keeper for this Sweepstakes. The winner will be
selected from all entries received through the permitted methods above during the
Promotion Period. Although subsequent entries may be received, only entrant’s
first entry during the Promotion Period will count. Any individual who attempts or
otherwise encourages, directly or indirectly, the entry of multiple or false entries,
as determined by the Sponsor, will be disqualified. All entries become the property
of Sponsor, and none will be acknowledged or returned. Sponsor may engage third
party application providers and other vendors (each, a “Vendor”) to administer
certain aspects of the Sweepstakes, including without limitation, the collection of
entry information. Such Vendor(s) will provide your personally identifiable
information to Sponsor. Sponsor may use your personally identifiable information
as provided herein, to contact you for promotional and other purposes, and in
accordance with its online privacy policy, located at
http://www.taylorguitars.com/legal/privacy-policy. Vendor(s) may also use your
information for their own independent purposes in accordance with their own
independent privacy practices. Sponsor is not responsible for the storage or any use
of your entry information by such Vendor(s). Any communication or information
transmitted to Sponsor (through the Website or Facebook Page or otherwise) by
electronic mail or otherwise is and will be treated as non-confidential and
nonproprietary. Entrants who enter via Facebook are providing information to
Sponsor and not to Facebook. Proof of entering information at the Website or
Facebook Page is not considered proof of delivery to or receipt by Sponsor of such
entry.
WINNER SELECTION AND NOTIFICATION: Within approximately forty-five
(45) days after the end of the Promotion Period, one (1) Prize winner will be
randomly selected in a drawing from all eligible entries received throughout the
Promotion Period. The drawing for the Prize will be conducted by Sponsor or its
designee, using randomization methods selected by Sponsor in its sole discretion.
The potential winner will be notified within sixty (60) days after the end of the
Promotion Period by telephone and/or mail and/or e- mail using the contact
information given at the time of entry. Various elements of the Prize will be
fulfilled through separate deliveries from separate sources. Sponsor shall have no
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liability if any elements of any prize or winner notification is lost, intercepted or
not received by a potential winner for any reason. If, despite reasonable efforts, a
potential winner does not respond within the time required by Sponsor, or if the
prize or prize notification is returned as unclaimed or undeliverable to such
potential winner, such potential winner will forfeit his or her prize and an alternate
winner may be selected. If any potential winner is found to be ineligible, or if he or
she has not complied with these Official Rules or declines a prize for any reason
prior to award, such potential winner will be disqualified and an alternate winner
may be selected.
PRIZES/ODDS:
Prize: There is one (1) Prize Package available. The Prize consists of:
One (1) Taylor 322ce acoustic guitar, ARV $2,199
Mojave Audio MA-201fet condenser microphone, ARV $695
Universal Audio Apollo Twin MKII Quad Interface, ARV $1,299
UAD Custom Bundle 3, ARV $699
The total approximate retail value of the prize package is $4,892.
No cash alternative or substitution of prizes will be allowed, except Sponsor or any
of the other Promotion Entities reserves the right in its sole discretion to substitute
prize(s) of comparable value if any prize listed is unavailable, in whole or in part,
for any reason. Applicable portions of prizes will be delivered only to an address in
the United States and District of Columbia, and Canada (excluding Quebec).
GENERAL PRIZE CONDITIONS: The Prize will be awarded only if the potential
prize winner fully complies with these Official Rules. The prize is non-assignable
and non-transferable. Prizes pictured in point-of-sale, online, television and print
advertising, promotional packaging, and other Sweepstakes materials are for
illustrative purposes only. Actual prize may vary from the prize pictured. All
details and other restrictions of the prize not specified in these Official Rules will
be determined by Sponsor in its sole discretion. No cash alternative or substitution
of the prize will be allowed, except Sponsor reserves the right in its sole discretion
to substitute prize of comparable value if any prize listed is unavailable, in whole
or in part, for any reason. The Prize winner shall be solely responsible for all
federal, state, provincial and/or local taxes, and the reporting consequences thereof,
and for any other fees or costs associated with the applicable prize. The potential
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Prize winner will be required to execute an Affidavit of Eligibility, a Liability
Release, and (where imposing such condition is legal) a Publicity Release
(collectively, “Prize Claim Documents”). If any potential winner fails or refuses to
sign and return all Prize Claim Documents within five (5) days of prize
notification, the winner may be disqualified and an alternate winner may be
selected. Canadian residents may need to correctly answer a time-limited,
mathematical skill-testing question, without assistance of any kind, whether
mechanical, electronic or otherwise, prior to being declared a winner.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express
or implied, concerning any prize furnished in connection with the Sweepstakes.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE
PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES
HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Acceptance of a prize
constitutes winner’s permission for the Promotion Entities to use winner’s name,
photograph, likeness, voice, biographical information, statements and address (city
and state) for advertising and/or publicity purposes worldwide and in all forms of
media now known or hereafter developed, in perpetuity, without further
compensation. Entrants agree that the Promotion Entities and Facebook (A) shall
not be responsible or liable for, and are hereby released from, any and all costs,
injuries, losses or damages of any kind, including, without limitation, death and
bodily injury, due in whole or in part, directly or indirectly, to participation in the
Sweepstakes or any Sweepstakes-related activity, or from entrants’ acceptance,
receipt, possession and/or use or misuse of any prize, and (B) have not made any
warranty, representation or guarantee express or implied, in fact or in law, with
respect to any prize, including, without limitation, to such prize’s quality or fitness
for a particular purpose. The Promotion Entities and Facebook assume no
responsibility for any damage to an entrant’s, or any other person’s, computer
system which is occasioned by accessing the Website, the Facebook Page or
otherwise participating in the Sweepstakes, or for any computer system, phone
line, hardware, software or program malfunctions, or other errors, failures, delayed
computer transmissions or network connections that are human or technical in
nature. Without limiting the generality of the foregoing, the Promotion Entities and
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Facebook are not responsible for incomplete, illegible, misdirected, misprinted,
late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for
lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet
service providers, websites, or other connections; or for miscommunications,
failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable
transmissions; or for any technical malfunctions, failures, difficulties or other
errors of any kind or nature; or for the incorrect or inaccurate capture of
information, or the failure to capture any information. Sponsor reserves the right in
its sole discretion to disqualify any individual who is found to be tampering with
the entry process or the operation of the Sweepstakes, the Website or the Facebook
Page, to be acting in violation of these Official Rules, or to be acting in an
unsportsman-like or disruptive manner, or with the intent to disrupt or undermine
the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass
any other person, and Sponsor reserves the right to seek damages and other
remedies from any such person to the fullest extent permitted by law. No
mechanically reproduced, illegible, incomplete, forged, software-generated or
other automated multiple entries will be accepted. If a dispute as to the identity of
the individual who actually submitted an entry cannot be resolved to Sponsor’s
satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the right
to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its
sole discretion, that the Sweepstakes is technically impaired or corrupted or that
fraud or technical problems, failures or malfunctions or other causes beyond
Sponsor’s control have destroyed or severely undermined or to any degree
impaired the integrity, administration, security, proper play and/or feasibility of the
Sweepstakes as contemplated herein. In the event an insufficient number of
eligible entries are received and/or Sponsor is prevented from awarding prizes or
continuing with the Sweepstakes as contemplated herein by any event beyond its
control, including but not limited to fire, flood, natural or man-made epidemic of
health of other means, earthquake, explosion, labor dispute or strike, act of God or
public enemy, satellite or equipment failure, riot or civil disturbance, terrorist
threat or activity, war (declared or undeclared) or any federal state or local
government law, order, or regulation, public health crisis, order of any court or
jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force
Majeure” event or occurrence), then subject to any governmental approval which
may be required, Sponsor shall have the right to modify, suspend, or terminate the
Sweepstakes. If the Sweepstakes is terminated before the designated end date,
Sponsor will (if possible) select the winner in a random drawing from all eligible,
non-suspect entries received as of the date of the event giving rise to the
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termination. Inclusion in such drawing shall be each entrant’s sole and exclusive
remedy under such circumstances. Only the type and quantity of prizes described
in these Official Rules will be awarded. These Official Rules cannot be modified
or amended in any way except in a written document issued in accordance with
law by a duly authorized representative of Sponsor. The invalidity or
unenforceability of any provision of these rules shall not affect the validity or
enforceability of any other provision. In the event that any provision is determined
to be invalid or otherwise unenforceable or illegal, these rules shall otherwise
remain in effect and shall be construed in accordance with their terms as if the
invalid or illegal provision were not contained herein. Sponsor reserves the right,
in addition to those other rights reserved herein, to modify any date(s) or
deadline(s) set forth in these Official Rules or otherwise governing the
Sweepstakes.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS
CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND
ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND
OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE
SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF
CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF
CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE
APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION: By participating in this Sweepstakes, each entrant
agrees that (1) any claim, dispute, or controversy (whether in contract, tort, or
otherwise) the entrant may have against the Promotion Entities arising out of,
relating to, or connected in any way with the Sweepstakes, the awarding or
redemption of any prize and/or the determination of the scope or applicability of
this agreement to arbitrate, will be resolved exclusively by final and binding
arbitration administered by JAMS and conducted before a sole arbitrator in
accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant
to a transaction involving interstate commerce, and shall be governed by the
Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held
in San Diego, California; (4) the arbitrator’s decision shall be controlled by the
terms and conditions of these Official Rules and any of the other agreements
referenced herein that the applicable participant may have entered into in
connection with the Sweepstakes; (5) the arbitrator shall apply California law
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consistent with the FAA and applicable statutes of limitations, and shall honor
claims of privilege recognized at law; (6) there shall be no authority for any claims
to be arbitrated on a class or representative basis, arbitration can decide only the
entrant’s and/or the applicable Promotion Entities’ individual claims; the arbitrator
may not consolidate or join the claims of other persons or parties who may be
similarly situated; (7) the arbitrator shall not have the power to award punitive
damages against the entrant or any Promotion Entity; (8) in the event that the
administrative fees and deposits that must be paid to initiate arbitration against any
Promotion Entity exceed $125 USD, and the entrant is unable (or not required
under the rules of JAMS) to pay any fees and deposits that exceed this amount,
Sponsor agrees to pay them and/or forward them on the entrant’s behalf, subject to
ultimate allocation by the arbitrator. In addition, if entrant is able to demonstrate
that the costs of arbitration will be prohibitive as compared to the costs of
litigation, Sponsor will pay as much of entrant’s filing and hearing fees in
connection with the arbitration as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive; and (9) with the exception of subpart (6)
above, if any part of this arbitration provision is deemed to be invalid,
unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the
balance of this arbitration provision shall remain in effect and shall be construed in
accordance with its terms as if the invalid, unenforceable, illegal or conflicting
provision were not contained herein. If, however, subpart (6) is found to be invalid,
unenforceable or illegal, then the entirety of this Arbitration Provision shall be null
and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute.
For more information on JAMS and/or the rules of JAMS, visit their website at
www.jamsadr.com.
WINNERS LIST/OFFICIAL RULES: To obtain a copy of any legally-required
winners list, send a self- addressed stamped envelope to: “Taylor Guitars
Promotions”, c/o Taylor Guitars, 1980 Gillespie Way, El Cajon, CA 92020. All
such requests must be received within sixty (60) days after the end of the
Promotion Period. These Official Rules will be posted on the Website during the
Promotion Period.
TM and © 2019 Taylor-Listug, Inc. All Rights Reserved.