Universal Music Group – Keith Urban You Can Never Have One Too Many Guitars Giveaway – Win one (1) autographed Keith Urban guitar and a ten (10) minute ZOOM call with Keith Urban (ARV $350.00).
KEITH URBAN “YOU CAN NEVER HAVE ONE TOO MANY GUITARS” GIVEAWAY
TERMS AND CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT ENHANCE YOUR CHANCES OF WINNING.
GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY KEITH URBAN, HIT RED RECORDS, OR GUITAR MONKEY ENTERTAINMENT, INC.
PROMOTER: Universal Music Group Consumer Engagement, a division of UMG Recordings, Inc., 2220 Colorado Ave., Santa Monica, CA, U.S.A. referred to hereafter as the “Promoter”.
PRIZE DRAW ENTRY PERIOD: The Keith Urban “You Can Never Have One Too Many Guitars Giveaway (referred hereafter as the “Prize Draw”) begins at 12:00:00 P.M. Central Time (“CT”) on the 21th day of October, 2020 and ends at 11:59:59 P.M. CT on the 12th day of November, 2020 (“Entry Period”).
3. ELIGIBILITY: Prize Draw is open to any person who has reached the age of 16 or older (entrants under the age of 18 must have valid written consent from a parent or guardian before entering the Prize Draw, which will need to be evidenced to reclaim any prize won and Promoter may require proof that you are eligible to enter the Prize Draw) in the state, province or territory where s/he resides and who at time of entry is a legal resident of the following “Territories”: Canada (except residents of the province of Quebec), Ecuador, France, Germany, Republic of Ireland, Malaysia, Netherlands, Norway, Philippines, South Africa, Spain, Sweden, Switzerland, Taiwan, United Kingdom (defined as: England, Northern Ireland, Scotland and Wales) or the 50 United States, including the District of Columbia (each an “Entrant”). Residents of the province of Quebec or any country or territory not mentioned herein shall not be eligible to enter or win and the Prize Draw is void where prohibited by law. Employees of the Promoter, Keith Urban (“Artist”) and their respective parent company, subsidiaries, affiliates, advertising and promotion agencies, and any other individual or company involved in the development or execution of the Prize Draw (collectively the “Associated Parties”) and their immediate family members and/or those living in the same household of each are not eligible to enter or win. Prize Draw is subject to all applicable federal, territorial and local laws and regulations.
HOW TO ENTER: To enter Online, (1) visit https://umgn.us/OTMgiveaway and follow all onscreen instructions to submit your first name, last name, email address and country and click “Enter”. After clicking “Enter”, you are officially entered once into the pool of eligible entries (“Online Entry”). To enter via Twitter to receive a Bonus Entry: retweet in full Promoter’s Prize Draw post (“Prize Draw Post”) during the Entry Period with any links contained in the Prize Draw and with the following hashtags: #ad and #OneTooManyGuitarsEntry and tag @KeithUrban (together with the links, the “Prize Draw Tags”). Any Bonus Entry that does not include the Prize Draw Tags shall be deemed to be invalid. Once properly submitted, the retweet you submitted will be entered into the pool of entries and referred to herein as your “Bonus Entry” (together with the “Online Entry”, the “Entries”). All Online Entries must be received by the Promoter during the Entry Period and all Bonus Entries must be first published on Twitter during the Entry Period. Limit of one (1) Online Entry and one (1) Bonus Entry per person. Only complete and valid entries as determined by the Promoter will be eligible for the Prize Draw. Promoter is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.
All Entries submitted in accordance with these Rules shall be hereinafter referred to as “Eligible Entries”. All Entries become the property of Promoter and will not be acknowledged or returned. Hereafter, your email or Twitter account will be referred to “Account.” If your Account is set to “protected or private mode,” your Bonus Entries will not be visible to the Promoter and, therefore, may not be received by the Promoter, and will not be Eligible Entries or submitted to the Prize Draw. Entry or Entries must be posted by the Account holder and not a retweet of other Entrant’s work or material posted on any other account. All Bonus Entries must be published on Entrant’s Account for the full duration of the Entry Period. Any Bonus Entries that are published on Entrant’s Account and removed before the end of the Entry Period shall be deemed to be invalid. By submitting an Entry, each Entrant, on behalf of him/herself grants Promoter, the Associated Parties and/or their agents, a perpetual, fully-paid, irrevocable, non-exclusive license to publish, reproduce, prepare derivative works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, in whole or in part, in any manner, form, or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, on Promoter’s websites and/or Associated Parties’ websites and/or any other advertising or promotion of Promoter or Associated Parties all without further consent from or compensation to any Entrant and (for Entrants in the United Kingdom) each Entrant waives all moral rights, in and to the Entry and all materials submitted by Entrant to which Entrant may now or in future be entitled under the UK Copyright, Designs and Patents Act 1988. By submitting an Entry, you agree that Promoter has no obligation to post or publish your Entry, that all such postings or publication, if any, will be at Promoter’s sole discretion and that the posting or publication of an Entry does not have any bearing on whether the Entry will be selected as a winner. Without limiting the generality of the foregoing, Entrant acknowledges that, by his/her actions in re-tweeting the Prize Draw Post, the Entrant’s Bonus Entry shall be publicly visible on Twitter, and Entrant agrees that the Bonus Entry may be posted and shared by third parties in various social media outlets and that Promoter and/or Associated Parties are not responsible for any reposting or other use of Entries by third parties. You must disclose your relationship with the Promoter in any online posts relating to or in connection with the Prize Draw (including but not limited to any Bonus Entries and any posts that you may publish in the event that you win a Prize) by including the Prize Draw Tags. Any online post you make must include the following hashtag: #OneTooManyGuitarsEntry and the statement “I entered a Prize Draw promoted by Universal Music Group”. If your Entry is determined as a winner, you will continue to disclose your relationship with the #OneTooManyGuitarsEntry hashtag in all online posts you make that reference Universal Music Group and/or any of its products or service(s) by including the statement “I received a prize from Universal Music Group” in any such online posts. The Promoter may disqualify any Entrant that does not include the Prize Draw Tags in any online content posted by that Entrant that relates to the Prize Draw. Entries will not be held “in confidence” and a submission does not create a confidential relationship or obligation of secrecy between you and Promoter or any of the Associated Parties. If you do not have a Twitter account, visit http://www.twitter.com and register for free. You must have an electronic device or mobile phone or other wireless that supports the Twitter application. Normal Internet access and data usage charges imposed by your online and cell phone service provider will apply. Please contact your participating mobile service provider for pricing plans, participation status and details.
Promoter may, in its sole discretion, disqualify any Entry that Promoter deems to be in violation of these Rules at any time. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person whose name appears on or who was assigned the Account. Entries by any method other than set forth in the “how to enter” section are void. Any use of automated or programmed methods of spamming Entry is prohibited. Neither the Promoter, Associated Parties, nor any of its officers, directors, shareholders, employees, agents, artists or representatives of the Promoter or Associated Parties (individually a “Released Party” and collectively the “Released Parties”) are responsible for Entries from persons residing, or physically located, outside any Eligible Territory; or Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for any printing, production, technical, electronic or other errors; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone or computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in Entrant’s Account to receive email; or other errors of any kind, whether due to electronic, mechanical or human error or other causes; even if caused by the negligence of any of the Released Parties.
Winners may be required to show proof of being the authorized account holder of the Account associated with the Entry. Any Entrant who attempts to enter with multiple Accounts or under multiple identities will be disqualified. Promoter is not obligated to communicate with any Entrant during the duration of the Prize Draw. Prize Draw is subject to all applicable territorial, federal, state, provincial, local laws and regulations. In the event of a conflict between these Rules and the terms of any social media channel, these Rules will govern.
WINNER SELECTION & WINNER NOTIFICATION PROCESS: Three (3) prize winners will be selected at random by Promoter. Prize Draw will be executed/conducted using a computer process that produces verifiably random results. Prize Draw will be conducted on or about 12:00:00 P.M. CT on or about the 16th day of November 2020 at the offices of the Promoter (Universal Music Group Consumer Marketing, 13896 54th Ave. North, Unit 3, Plymouth, MN 55446, U.S.A.). An email prize notification will be sent to each potential winner by the 18th day of November, 2020 based on the information provided by participant upon Entry; and with respect to the United Kingdom, potential winners will need to respond to Promoter’s email within forty-eight (48) hours with their physical mailing address. Except for any potential winner from the United Kingdom, or any applicable territory in the European Union, winners may be required to execute and return a Declaration (“Declaration”) or Affidavit of Eligibility / Liability / Publicity Release (“Affidavit/Release”) as determined by the Promoter or Promoter’s agent (unless prohibited by law) within five (5) days of date specified on the prize notification or he/she will be disqualified, and an alternate winner will be selected. If a potential winner is a resident of Canada, s/he must correctly answer, without assistance of any kind, a time-limited mathematical skill testing question administered at a mutually agreeable time by telephone. If any winner fails to respond to the direct message and/or prize notification sent to them by email within forty-eight (48) hours of transmission, or if prize notification email is returned as undeliverable; or if a potential winner has failed to execute and return the Declaration or Affidavit/Release (if winner is not from the United Kingdom), or fails to return any required document within the specified time period; or if any potential winner is otherwise found to be ineligible; or if a potential winner cannot accept or receive the prize for any reason; or if any prize is returned undeliverable; or if the mathematical skill testing question (if applicable) is answered incorrectly, the potential winner will forfeit all rights to prize and an alternate winner will be selected from all non-winning eligible Entries. A selected alternate winner will be notified and be bound by the same conditions and timelines as stated in these Rules. The Promoter reserves the right to modify the notification procedures in connection with the selection of an alternate winner, if any. Prizes will be awarded within thirty (30) days after the winner’s verification, unless the winner is from the United Kingdom, in which case the prize will be delivered to winner within thirty (30) days of the end of the Entry Period. Should any winner be found to have made any false statement(s) in the Declaration or Affidavit/Release (if winner is not from the United Kingdom) or any required document, that winner will be disqualified and no prize shall be awarded to that Entrant or (if the prize has already been awarded) the Entrant shall be required to promptly return to Promoter his/her prize. Except where prohibited by law in the United Kingdom or any other eligible state, province or territory stated in these Rules, entry and acceptance of prize constitutes permission for Promoter and/or any third party associated with the Prize Draw to use each winner’s first name, last name initial, city or province and country for fulling any winner’s list requirements as required by U.S. and Canadian promotion law.
PRIZE(S) & THEIR CORRESPONDING APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize winner will receive one (1) autographed Keith Urban guitar and a ten (10) minute ZOOM call with Keith Urban (ARV: $350.00). Zoom call will take place at a time and date mutually agreed by both parties, but not later than [one (1) year] following winner notification and/or winner verification. If the Zoom call gets disconnected or interrupted due to the acts or omissions of the winner and through no fault of the Promoter or Keith Urban, the call will not be replaced. There is no monetary value associated with the Zoom call portion of prize. Two (2) Runner-up winners: each will receive an autographed Keith Urban guitar (ARV: $350.00 each). Total ARV of all prizes: $1,050.00. All prize values are in U.S. Dollars. Prizes are awarded “AS IS” and are not redeemable for cash and are non-assignable and non-transferable. Prize depictions are for illustrative purposes only. No substitutions are permitted except by the Promoter who reserves the right to award another prize for one of comparable or greater value if a prize is unavailable. If applicable, winners will be responsible for any federal, territorial, local sales and income taxes or other expenses relating to the use and possession of prize. Entrants acknowledge that the Promoter and Associated Parties do not make, nor are in any manner responsible for, any warranty, representations, expressed or implied, in fact or in law, relative the quality, conditions, fitness or merchantability of any aspect of a prize except that each merchandise prize shall be subject to any applicable manufacturer’s standard warranties (if any). Should a winner reside in the United Kingdom, prize will be delivered to winners at Promoter’s cost within thirty (30) days from the end of the Entry Period. Prizes for winners outside the United Kingdom will be delivered to winners at Promoter’s cost within four (4) to six (6) weeks after winner verification.
ODDS: Odds of winning a prize depend on the number of eligible Entries received during the Prize Draw Entry Period.
CONSENT AND RELEASE: In all applicable territories except the United Kingdom, to the fullest extent possible in law, Entrants, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Released Parties from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from participant’s participation, acceptance and use or misuse of prize or any portion of prize, including property damage, personal injury or death.
In the United Kingdom, Promoter will not in any circumstances be liable to compensate the winner or accept any liability for any loss, damage, disappointment or injury occurring as a result of entering the Prize Draw or taking up the prize. Nothing in these Rules shall limit in any way any party’s liability under the law of England and Wales for death or personal injury caused by its negligence. Nothing in these Rules shall affect your statutory rights.
In all applicable territories, Promoter is not responsible for any suspension of the Prize Draw or inability to implement the Prize Draw or award any prize as contemplated herein due to any event beyond its control, including delays or interruptions caused by acts of God, acts of war, natural disasters, weather, utility outages, acts of terrorism or any federal, state, or local government law, order, or regulation, order of any court or regulator. This Prize Draw shall be governed by and interpreted under the laws of the Santa Monica, CA, U.S.A., without regard to its conflicts of laws provisions. Any and all disputes, claims, and causes of action arising out of or in connection with this Prize Draw, shall be resolved individually, without resort to any form of class action or mandatory local law provisions outside of Santa Monica, CA U.S.A. law provisions as per the stated governing law may apply. This choice of law does not deprive Entrants of the protection afforded to them under their own laws and such provisions that cannot be derogated from by agreement by virtue of the law of the Entrant’s own jurisdiction.
By participating in this Prize Draw, each Entrant located in the United States waives and relinquishes all rights and benefits afforded by California Civil Code 1542 and does so understanding and acknowledging the significance of this waiver. Section 1542 states as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DID NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN, BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR THE RELEASED PARTIES.”
In all applicable territories except the United Kingdom, ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PRIZE DRAW. PARTICIPANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO LEGAL FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF PARTICIPANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
DISCLAIMERS: Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Promoter is not responsible for: (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Promoter on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (ii) any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the Prize Draw, or (iii) the failure of any third party to comply with the instructions and proper administration of this Prize Draw. By participating in the Prize Draw Entrants: (i) agree to be bound by these Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Promoter, which are final and binding in all matters relating to the Prize Draw. Failure to comply with these Rules may result in disqualification from the Prize Draw. In its absolute discretion, the Promoter reserves the right to: permanently disqualify any person it believes has intentionally violated these Rules; and terminate the Prize Draw if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Prize Draw), or to select winner from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THIS PRIZE DRAW IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
WINNERS LIST: For the results of the Prize Draw, send an email to: UMGSweeps@umusic.com by the 30th of November, 2020 with “Keith Urban You Can Never Have One Too Many Guitars Giveaway winners” on the subject line of the email. By entering Prize Draw, each Entrant agrees that if the Entrant wins a prize, then the Entrant’s name and county of residence (if applicable) may be disclosed to persons inquiring in accordance with this section. This provision shall not apply to the extent that the anticipated disclosure would be in breach of any applicable law or regulation. In the United Kingdom, if you object to any or all of your surname, county and winning Entry being published or made available, please contact the Promotor by e-mail to: UMGSweeps@umusic.com . In such circumstances, the Promotor may still be required to provide this information to a regulator on request (including the Advertising Standards Authority in the UK).
THIRD PARTY RIGHTS AND ENDORSEMENTS: The trademarks associated with prizes are the property of their respective owners and the Prize Draw is in no way promoted, endorsed, administered by or associated with those parties. All third party trademarks and other intellectual property rights are hereby acknowledged. Promoter grants Entrants a limited license to use the Promoter’s trademarks and/or any third party trademarks and/or other intellectual property rights forming part of the Prize Draw Post (“Prize Draw IP”) solely in connection with the posting of a single retweet of the Prize Draw Post for the purposes of entering into this Prize Draw. All goodwill generated from use of the Prize Draw IP will inure to the benefit of the Promoter or relevant rights owner. Entrant will not acquire and will not claim title to Prize Draw IP by virtue of Entrant’s publication of the Prize Draw Post and/or other participation in the Prize Draw.
SEVERANCE: If any provision or part-provision of these Rules is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Rules.
FAIR PROCESSING NOTICE FOR ANY ENTRANT LOCATED IN THE EUROPEAN ECONOMIC AREA:
For the purposes of applicable data protection laws, Promoter is the data controller in respect of any personal information processed in connection with the Prize Draw.
It is necessary for Promoter to use each Entrant’s personal information for the above purposes in order to perform its obligations to each Entrant in relation to the administration of the Prize Draw or it is in Promoter’s legitimate interest to use each Entrant’s personal information in the ways described in these Rules in order to ensure the proper administration of the Prize Draw and for the other purposes described.
Promoter (and its group companies, affiliates and suppliers) are located in the United States of America and therefore by entering the Prize Draw each Entrant acknowledges that his or her personal information will be transferred and processed by Promoter and Promoter’s group companies, affiliates and suppliers outside the European Economic Area. Promoter will take reasonable steps to ensure the security of each Entrant’s personal information in accordance with applicable data protection laws.
Entrants in the European Economic Area have certain rights in relation to Promoter’s processing of their personal information including rights of access, rectification and erasure, a right to restrict processing, a right to data portability and the right to object to certain types of processing (including in relation to direct marketing). If any Entrant has a concern about any aspect of Promoter’s privacy practices, including the way Promoter has handled the Entrant’s personal information, the Entrant should contact Promoter using the contact details in the “Contact” section above. Entrants can also report any issues or concerns to their local supervisory authority. A list of contact details for all EU supervisory authorities can be found at: http://ec.europa.eu/justice/dataprotection/bodies/authorities/index_en.htm.