MUSICIAN'S FRIEND PRESENTS
THE CRUSH DRUMS & PERCUSSION SUBLIME BIRCH KIT SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. SPONSOR: Musician's Friend, Inc., 5795 Lindero Canyon Road, Westlake Village, CA 91362. "Sponsor and its agents" shall mean Musician's Friend, its advertising/promotional and/or fulfillment agencies and their respective parent companies, affiliates, subsidiaries and their respective employees, officers, directors and agents.
2. ELIGIBILITY: The CRUSH DRUMS & PERCUSSION SUBLIME BIRCH KIT Sweepstakes ("Sweepstakes") is open to legal residents of the 48 U.S. States and the District of Columbia, who are 18 years of age or older as of date of entry. Void in Puerto Rico, Hawaii, Alaska, United States territories and possessions and wherever prohibited by law. Subject to all applicable federal, state and local laws. The Sweepstakes, and any website pages and advertisements or promotional materials relating thereto, are intended for viewing only within the United States. You are not authorized to participate in the Sweepstakes if you are not physically located within the United States at the time of entry. Officers, directors, employees and agents of Sponsor, prize providers, and their parent companies, affiliates, subsidiaries, divisions, and their advertising and promotional agencies, and their respective officers, directors and agents (collectively, the "Sweepstakes Entities") and the immediate family members (spouse, siblings, parents, children and their respective spouses) and persons living in the same household of each are not eligible.
3. HOW TO ENTER: This Sweepstakes begins at 12:00:01 am Pacific Time ("PT") on September 1, 2018 and ends at 11:59:59 pm PT September 30, 2018 (the "Sweepstakes Period"). You may enter the Sweepstakes only by online entry at musiciansfriend.com ("Website"), fill out the online entry form, and submit it during the Sweepstakes Period. No other attempted method of entry will be accepted. One entry per person and per email address ("Entrant"). If more than one entry is submitted, only the first such entry submitted will be accepted. Any intentional attempt by a participant to obtain more than the allowable entries by using multiple/different email addresses, identities, or any other methods will void all of that participant's entries. Use of computer programs, macro, programmed, robotic, automatic, and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of the Entrant. Automated methods of online entry are prohibited. Sponsor will not verify or acknowledge receipt of entries. In the event of a dispute regarding the identity of the person submitting an online entry, the entry will be deemed to be submitted by the person in whose name the email account is registered. All entries submitted become the sole property of Sponsor and will not be returned.
4. By entering, entrants agree to comply with these Official Rules and represent that they meet all eligibility requirements. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, or misdirected entries not received by Sponsor in time for the drawing. Proof of entering information at any store does not constitute proof of delivery or receipt.
5. PRIZE DRAWING AND NOTIFICATION: "Potential Winners" will be selected in a random drawing from all eligible entries received on or about October 10, 2018, by Sponsor or its designee, the judge of the Sweepstakes, whose decisions are final and binding on all matters relating to the Sweepstakes. Potential Winner will be notified by telephone, mail and/or email ("Prize Notification") and must confirm by telephone and/or email within three (3) days of Prize Notification his/her full name and a mailing address ("Mailing Information"), where Sponsor can send an Affidavit of Eligibility, a W-9 tax form and Liability/Publicity Release (collectively, the "Sweepstakes Documents"). The mailing address must be a street address (no P.O. Boxes). If a Potential Winner does not confirm the Mailing Information in response to the Prize Notification within three (3) days of Prize Notification, he/she will be disqualified and an alternate Potential Winner will be selected from all eligible entries received. Once Sponsor receives a Potential Winner's Mailing Information, a set of Sweepstakes Documents will be sent to him/her via overnight mail. Potential Winner (or, in the event that the Potential Winner is an eligible minor, his/her parent or legal guardian) must sign and return the Sweepstakes Documents within five (5) days of the date of the Sweepstakes Documents are sent or he/she will forfeit the Prize and an alternate Potential Winner will be selected. If Potential Winner is an eligible minor, Sweepstakes Documents must be signed by Potential Winner's parent or legal guardian. Sponsor will attempt to award each prize to alternate Potential Winners following the same procedure until all Prizes are awarded. Provided that the Potential Winner has complied with these Official Rules and meets all of the eligibility requirements set forth herein, following Sponsor's timely receipt of the signed Sweepstakes Documents, Sponsor shall declare Potential Winner the winner ("Winner") and award the Prize. Return of any Prize Notification or Sweepstakes Documents as undeliverable will result in disqualification, alternate Potential Winners will be selected from all eligible entries received according to the process set forth above until all Prizes are awarded.
6. PRIZE AND ODDS OF WINNING:
One (1) Prize: One (1) Winner will win the following:
- One (1) Crush Drums & Percussion Sublime Birch 3-Piece Shell Pack (ARV=$1,100)
Total ARV of the Prize: $1,100
Odds of winning a Prize depend on the total number of eligible entries received. Each entry will have an equal chance of winning.
7. PRIZE CONDITIONS: No cash redemption or prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize of equal or greater value. Prize is non-transferable. Limit is one (1) Prize per person.
8. TAXES AND COSTS RELATED TO THE PRIZES: All applicable taxes, including all federal, state, local and other taxes are the sole responsibility of Winner. Winner will be required to properly fill out a W-9 tax form and will be issued a 1099 tax form for the value of the Prize, as required by law.
9 GENERAL CONDITIONS: If for any reason the Sweepstakes is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Sweepstakes and award the Prizes in a random drawing from eligible entries received prior to termination. No liability or responsibility is assumed by Sponsor or Its agents resulting from any user's participation in or attempt to participate in the Sweepstakes. No responsibility or liability is assumed by the Sponsor or Its agents for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Sweepstakes: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of the Sweepstakes, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Sweepstakes, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Sweepstakes. Sponsor and Its agents are not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website.
10. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. DISPUTES: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and the Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.
12. RESULTS: For the name of the winner, send a self-addressed stamped envelope to: The CRUSH DRUMS & PERCUSSION SUBLIME BIRCH KIT SWEEPSTAKES Winners' List, c/o Musician's Friend, 5795 Lindero Canyon Road, Westlake Village, CA 91362, to be received no later than May 31, 2019.
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