The FENDER® TRIP TO AUSTIN CITY LIMITS Giveaway Official Rules
1. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
3. DURATION: The Sweepstakes begins at 12:01 AM CST time on May 1, 2012 and ends at 11:59 p.m. CST time on September 12, 2012 (“Term”).
4. ELECTRONIC COMMUNICATIONS: By submitting your Sweepstakes entry via web site or via SMS, you agree to do business with Fender electronically. By agreeing to do business electronically, you (i) consent to the electronic communication and delivery of all documents related to the Website, the Sweepstakes and all other services provided via the Website to your email account and/or mobile device, (ii) confirm your agreement to these Official Rules, (iii) represent that you have Internet access, and a valid email address and phone number enabling you access to the Sweepstakes and to receive communications and documents electronically, and (iv) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records. This consent is effective unless and until you withdraw it. After the Term, you may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a paper copy of these Official Rules at any time by contacting us as set forth below. If you withdraw your consent during the Term, it may affect your ability to participate in the Sweepstakes. We will send you a confirmation notice once we have processed your change request.
5. ELIGIBILITY: Entrants must be (i) twenty-one (21) years of age or older to participate and (ii) legal residents of the United States of America excluding Rhode Island, Alaska and Hawaii. Employees of Sponsor or any of its subsidiaries, affiliates or agencies, or members of their immediate families, or persons living in same household of each, are not eligible to enter or win. The Sweepstakes is subject to all federal, state and local laws and regulations and is void where prohibited, taxed, or restricted by law.
6. ENTRY: Entries may be submitted in one of two ways: (1) eligible persons may enter online at the Sponsor’s Website, by submitting the requested information, including their name, date of birth, email address and mailing address to the Website, or (2) eligible persons may enter via text message by sending a text to Fender at 63103. The content of the message must be (i) a verification that the entrant is 21 or older and (ii) the participant’s email address. To be eligible for the prizes, entries must be received by Sponsor on or before 11:59 pm CST on September 12, 2012. Only one (1) entry per person is permitted, regardless of method of entry. SMS entries will be deemed made by the authorized account holder of the mobile device. Standard and message data rates may apply, per participant’s local cell phone provider. The use of automatic or robotic entry devices for entry is strictly prohibited.
7. PRIZE: From eligible persons who entered during the Term, Sponsor will select one (one) potential Grand Prize winner to receive a trip to attend the Austin City Limits 2012 Festival (“The Festival”) in Austin, Texas. The grand-prize package (“the Grand Prize”) will include transportation and lodging, as specified below, as well as two (2) three-day passes (1 pass for Grand Prize Winner, 1 pass for guest) to attend The Festival. Transportation will consist of round-trip, coach-class air transportation for the Grand Prize Winner and one (1) guest from a major commercial airport near the Grand Prize Winner’s home (as determined by Sponsor) to a major commercial airport in or near Austin, Texas, departing on or about October 11, 2012 and returning on or about October 15, 2012. If the Grand Prize Winner resides within 250 miles of Austin, Texas, Sponsor reserves the right to provide ground transportation in lieu of air transportation for the winner and guest. Hotel lodging will consist of one (1) room with double occupancy at a hotel in the vicinity of The Festival, as determined by Sponsor, for the Grand Prize Winner and one (1) guest for up to three (3) nights. Sponsor is not responsible for the postponement or cancellation of The Festival. If The Festival is postponed or cancelled, Sponsor reserves the right to award the Grand Prize minus passes to The Festival on the same itinerary and without additional compensation. If the Grand Prize Winner’s guest is a minor, (s)he must be accompanied by a parent or legal guardian. Sponsor is not responsible for any expenses, travel, lodging or otherwise, for the minor’s parent or legal guardian who is other than the Grand Prize Winner. Grand Prize Winner and his/her guest must travel together on the same itinerary and must travel on dates specified by Sponsor or the prize may be forfeited. Travel subject to availability, blackout dates and other restrictions. Additional restrictions may apply. Grand Prize Winner bears all responsibility for use of the Grand Prize in compliance with the terms and conditions imposed by the transportation and lodging providers and any additional costs associated with the use of said prize. If Sponsor provides the tickets and books the travel and lodging, but the Grand Prize Winner does not use the tickets, travel, and/or lodging, the prize is null and void and no further compensation or prizes will be offered to the grand prize winner. It is highly recommended that the Grand Prize Winner contact Sponsor to book his or her flights immediately upon confirmation of winning the prize. The total ARV of the grand prize is $2,100 USD. Actual value of Grand Prize may vary and any difference between the stated ARV and the actual value will not be awarded. THE FOLLOWING ARE NOT INCLUDED IN THE PRIZE: any transportation other than identified above. Furthermore, expenses not specifically stated above (including, but not limited to taxes, fees, meals, gratuities, insurance, incidentals, and non-included ground transportation), together with the reporting and payment of all applicable taxes, fees, duties, gratuities, and/or surcharges, if any, arising out of, or resulting from, acceptance or use of a prize, are the sole responsibility of the winner. All taxes and shipping expenses (if any) arising from the redemption of any prize are the responsibility of the prize winner(s).
8. DISCLAIMERS AND RIGHT TO CANCEL, SUSPEND OR MODIFY: Sponsor assumes no responsibility and is not liable for entries that are lost, delayed, late, misdirected, illegible, incomplete, and Sponsor assumes no responsibility and is not liable for system errors and failures, mechanical equipment malfunctions, viruses, hacker attacks, faulty transmissions, unavailability of phone lines or connections, cellular phone service, or any other technical malfunctions or inability to transmit messages or entries. Sponsor also assume on responsibility and is not liable any typographical or other error in the printing, offering or announcement of the Sweepstakes or any prize. Sponsor reserves the right, at its sole discretion to cancel, terminate, suspend or modify the Sweepstakes, if the Sweepstakes becomes corrupted in any manner, or if any unauthorized intervention or any other cause beyond the control of the Sponsor affects the administration or proper play or conduct of the Sweepstakes, and to select the winners by random drawing of all eligible entries received prior to the corruption. Sponsor reserves the right to correct clerical or typographical errors in promotional materials. By entering this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All entries are the property of Sponsor.
9. WINNER SELECTION PROCESS: The Grand Prize Winner will be selected from all eligible entries that were received during the Term via one random drawing on or around September 14. Odds of winning depend upon the total number of eligible entries received during the Initial Entry Term and the Term. The potential winners will be notified by Sponsor by e-mail, phone or text. Undeliverable e-mail notification or failure to respond to prize notification given by phone by the applicable winner within 7 days of receiving such e-mail or phone call will result in forfeiture of the applicable prize. In the event of prize forfeiture by a winner, Sponsor will select an alternative winner via another random drawing from among all eligible entries made during the applicable entry period. Failure to comply with such requirements, as determined by Sponsor in its sole discretion, will render entrant ineligible for winning and another entry shall be drawn. The prizes will be awarded. Winners’ names will be posted on the www.fender.com web site and Fender's social media websites, and also may be requested from Sponsor by sending a self addressed stamped envelope to Sponsor at the address below. Prize winners will be asked to supply their postal address for receipt of the prize. Fender reserves the right to verify the eligibility of a prize winner before the prize is awarded. Entrants providing incorrect, inaccurate or fraudulent information will be disqualified and the prize awarded may be forfeited at Fender’s discretion.
10. PERMISSION TO USE NAME/LIKENESS. The winners, by submitting an entry, grant permission to have his or her name, city, photograph and/or likeness used worldwide in any manner the Sponsor may deem appropriate for advertising, trade and/or promotional purposes without additional compensation or right of review, including without limitation, posting the winners’ name on the Fender web sites (including the fender.com web site and Fender's social networking sites) unless prohibited by law.
11. RELEASE OF LIABILITY. Each entrant, by entering the Sweepstakes, and the winners, by accepting a prize, releases the Sponsor, and Sponsor's subsidiaries, affiliates, agencies, directors, officers, agents and employees from any and all liability, claims or actions of any kind whatsoever for any damage, loss or injury resulting from or arising out of participation in this Sweepstakes, and, as to the winners, the acceptance, use, misuse, possession, loss or misdirection of any prize. The winners may be required to sign an Affidavit of Eligibility and Liability/Publicity Release prior to receiving a prize.
12. RIGHT TO DISQUALIFY. Sponsor reserves the right in its sole discretion to disqualify from this Sweepstakes or any other promotion conducted now or in the future by Sponsor or its distributors 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, fraudulent, or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
13. DISCLAIMER OF WARRANTY. EACH PRIZE WILL BE AWARDED AS IS AND SPONSOR (TOGETHER WITH ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY PRIZE.
15. SPONSOR: Fender Musical Instruments, whose registered office is at 17600 North Perimeter Drive, Suite 100, Scottsdale, AZ 85255-5440. Send requests for Winner lists to Attn: Fender Text-to-Win a TRIP TO AUSTIN CITY LIMITS Giveaway. Fender Musical Instruments, to Sponsor’s address herein.
16. GOVERNING LAW. The Sweepstakes is governed by the laws of the State of Arizona. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Maricopa County, Arizona for the resolution of any disputes.