“JASON HOOK TWITTER GUITAR GIVEAWAY 2013” SWEEPSTAKES
1. NO PURCHASE NECESSARY TO ENTER SWEEPSTAKES OR WIN A PRIZE. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ADVANTAGE TO BUYERS IN A SWEEPSTAKES.
2. Entry Period. The “Jason Hook Twitter Guitar Giveaway 2013” Sweepstakes (the “Promotion”) commences at 12:00:01 p.m. (CT) on September 4, 2013 and ends at 11:59:59 p.m. (CT) on September 30, 2013. All entries must be received by 11:59:59 (CT) on September 30, 2013 (“Deadline”). Gibson Guitar Corp. (“Sponsor”), at its own discretion, may extend the period of time for the submittal of entries. Any extension of time for the submittal of entries will be posted on the Promotion webpage at www.gibson.com
3. Eligibility. The Promotion is open to all legal residents of the United States and the District of Columbia, except where prohibited, who are above the age of 18 years old or the age of majority in the jurisdiction of residence at the time of entry, whichever is greater (“Entrants”). Employees of Gibson Guitar Corp. or their immediate families, or anyone whom has won a Gibson sponsored Promotion in the preceding 12 months are not eligible to be entered into the Promotion. Immediate family includes parents, spouse, children, siblings, grandparents, step-parents, step-children, and step-siblings. By participating in the Promotion, Entrants agree to be bound by these Official Promotion Rules, release Gibson and any affiliates against all claims, injuries, or damage arising out of any participation in these Promotion and redemption of the prize, and acknowledge compliance with these Official Promotion Rules.
4. Promotion Overview and Prize Information. One (1) Potential Prize Winner (“Winner”) will be chosen by Sponsor on October 1, 2013 at 9:00AM CT. Winner shall receive one (1) Gibson Jason Hook M-4 Sherman Explorer guitar. The Winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be received within ten (10) days of date of notice of the award. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. A Potential Prize Winner is not a confirmed winner until he or she has retuned all required documentation and his/her eligibility has been verified by Sponsor. Non-compliance shall result in disqualification and award of the prize to an alternate winner.
No substitution or transfer of prize will be accepted without Gibson’s approval or where required by law. Gibson may reward an alternate prize of equal or greater value if the main components of prize become unavailable. Prize is not redeemable for cash. Winner will receive 1099 form reflecting the fair market value of the prize. ALL PRIZES ARE 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.).
Total estimated retail value of all prizes = approximately $3,199.00 USD.
Odds of winning depend on total number of eligible entries received during the Promotion period.
5. How to Enter. To enter the “Jason Hook Twitter Guitar Giveaway 2013” Promotion, Entrant will be required to (1) follow Gibson Guitar on Twitter (www.Twitter.com/GibsonGuitar), (2) follow Five Finger Death Punch on Twitter (www.Twitter.com/FFDP), (3) ‘Retweet’ on Twitter the following ‘Tweet:’ “Follow @FFDP & @GibsonGuitar & retweet for a chance to win a @JasonHook_5fdp Explorer! Terms: http://bit.ly/15ZlFvV #5FDP4Life”. The Winner will be the first randomly selected Entrant who has completed all three steps. Promotion Entrants must be the registered subscriber of the email account from which the entry is made. Potential winners may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Twitter account for the potentially winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible.
Entries may only be submitted by a single Entrant. Group Entries will not be accepted. Only one (1) individual may be considered to have produced and submitted the Entry.) Only one (1) Twitter account per Entrant will be eligible to win. Any Entrant found to use multiple Twitter accounts will be disqualified. Further, entrants must be a member of good standing with Twitter (http://twitter.com) in order to participate in the Promotion. Subsequent attempts made by the same individual to submit multiple entries by using multiple Twitter accounts or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion, at Sponsor's sole and absolute discretion. All materials submitted as part of any Twitter entry will not be returned. All entrants submitting materials as part of the Promotion will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsor the right to use such materials, and the images related thereto, for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. 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. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Each entry submitted in this Promotion is referred to as an "Entry". Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Entry that does not comply with these Official Rules.
NOTE ABOUT TWITTER: Promotion Parties are not responsible for any changes or unavailability of the Twitter service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor's ability to use Twitter for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Twitter, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Twitter account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Potential winners may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Twitter account for the potentially winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Any damage made to the Web Site or the Twitter service will be the responsibility of the registered account holder of the e-mail address for the Twitter account submitted at the time of entry. It is the potential winner's responsibility to set his/her account settings to accept contacts by Sponsor and to timely check his/her Twitter account for any Sponsor direct messages or @Replies.
Entries submitted to Gibson or posted to the Gibson website or other websites were not edited by Sponsor and are the views/opinions of the individual submitted and do not reflect the views of the Sponsor in any manner.
6. Determination of Winners. Random drawings from all eligible entries received in accordance with these Official Rules will be conducted approximately one (1) day after the Deadline. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final. Odds of winning a prize depend upon the number of eligible entries received during the applicable Promotion Period. Winners will be notified by email on or before October 1, 2013 at 9:00 AM CT and the winning entry will be posted on Gibson.com once verification has been completed. Sponsor is not responsible for changes to the direct message function that may interfere with the Promotion or ability of entrant to timely receive messages from Sponsor. The Prize will be sent to the address the winner provides to Gibson. Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. A potential prize winner who provides a P.O. Box may be required to provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is discouraged. Prize shall be shipped via FedEx to Winner from Gibson Memphis. All entries must be received by the Deadline to be eligible to win a prize.
Sponsor will make two (2) attempts to notify the potential Winner. Winner must respond within 24 hours of drawing or the prizewinner will be disqualified, the prize will be forfeited, and an alternate potential winner may be selected at random. If there is a dispute as to the identity of an online entrant who made a potentially winning entry, Sponsor will deem that the entry was made by the authorized account holder of the email address. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
The prizewinner is solely responsible for all federal, state, and local taxes and other costs pertaining to the awarded prize.
If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances.
7. Technical Limitation of Liability: To the extent permitted by applicable law, neither Sponsor nor Twitter nor any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, any and all companies associated with this Competition nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) (except where due to the negligence, breach of these Rules or other default of a Released Party) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Promotion Site or other sites, for problems uploading any Entries or downloading any Competition-related materials from the Competition Site, or for late Entries not received within the stipulated date and time, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Competition.
Sponsor reserves the right to review all Entries received during the Submission Period and to only post Entries on the Promotion Site that conform to these Rules, as determined by the Sponsor in its sole discretion (“Eligible Entries”). Entries that do not comply with these Official Rules as determined by the Sponsor, in its sole discretion, will be subject to disqualification from the Promotion and removal from the Promotion Site. The Sponsor reserves the right to not post or to take down any Entry from the Competition Site at any time, for whatever reason, including subsequent determination that an Entry does not comply with these Rules. Released Parties are not responsible for any unauthorized use of Entries by third parties.
By entering their name into the Promotion, Entrants agree to be bound by these Official Promotion Rules and to release and hold harmless Gibson Guitar Corp. and its respective subsidiary or affiliated companies from and against any and all claims or actions of any kind, whether under contract, tort, or any other legal theory, and agree to indemnify Gibson against any liability or expense arising in connection with the foregoing. Gibson reserves the right to cancel, suspend or modify the Promotion or any part of it, within its sole discretion.
Except where prohibited by law, by entering the Promotion, Entrants also authorize Gibson to use their voice, likeness, photograph, video, biographical data, and city and state of residence, submission/entry and written or oral statements in promotional material without compensation. Entrant shall have no right of approval, no claim to compensation, and no claim (including without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alternation, or use in composite form of your name, picture likeness, address (city and state) email address, biographical information, or entry. The rights granted under this paragraph shall extend to Gibson and its affiliated companies with respect to all Entrants in the Promotion, including those Entrants who are selected as Winner and those Entrants who are not selected as Winner. Gibson is under no obligation to use the winning Entries for any purpose.
8. General Information: Gibson assumes no responsibility for entries that may be incorrectly entered or inaccurate whether cause by equipment/computer or by any human, mechanical, or electronic error which may occur in the processing of the Promotion entries. Gibson reserves the right to disqualify any individual suspected or found to have used software generated, robotic, programmed, script, macro, or other automated online or text entry, anyone having tampered with the entry process, anyone to be acting in violation of these Official Promotion Rules, or anyone whom has provide inaccurate information in their entry form. Gibson reserves the right to void entries it deems associated with electronic or non-electronic tampering.
9. Privacy: As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner's list. The personal information you submit will only be used to contact you in the event you win the Promotion or if there is a question or issue regarding your entry. We will not disclose, give, sell or transfer any personal information about you, unless required for law enforcement or by statute.
10. Request for Winners: For the name of the Grand Prize Winner and/or Official Promotion Rules, please send a self-addressed stamped envelope to:
Gibson Guitar Corp.: Attn: Jason Davidson 470 Plus Park Blvd. Nashville, TN 37220
All requests for Official Promotion Rules must be made by November 30th, 2013. The winner’s list will be available until May 31st, 2014. Residents of WA and VT may omit return postage.
11. Sponsor: The “Jason Hook Twitter Guitar Giveaway 2013” Promotion is sponsored by Gibson Guitar Corp., 309 Plus Park Boulevard, Nashville, TN 37217.
12. Disputes: Except where prohibited, Entrant agrees that; (1) any dispute regarding this Promotion shall be resolved individually, without resort to a class action, and exclusively in Tennessee; (2) any claims, awards, judgments shall be limited to actual out of pocket costs incurred, but in no event, attorneys fees; and (3) Entrant waives any punitive, incidental or consequential damages. The rules hereunder shall be interpreted under the laws of Tennessee, USA.