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ELIGIBILITY: Participation in the Ultimate Gibson
Experience Sweepstakes (the āSweepstakesā or āPromotionā) is limited to
legal residents of the fifty (50) United States or the District of
Columbia who are at least 18 years of age or older at the time of entry
(the āEntrantā). The Sweepstakes is void in all other U.S. territories
and possessions and where restricted or prohibited by law. Employees of
Guitar Center Stores, Inc. (the āSponsorā), its affiliates,
subsidiaries, authorized dealers, licensees, suppliers, marketing
partners, advertising and promotion agencies, Marden-Kane, Inc. (the
āAdministratorā), and any other companies engaged in the development,
administration, production, fulfillment or distribution of materials for
this Sweepstakes, and the immediate families (spouse, parents, children,
siblings and their respective spouses) and individuals living in the
same household, whether related not, of the above, are not eligible to
enter or win a prize. This Sweepstakes is subject to all applicable
federal, state and local laws. Winning a prize is contingent on
eligibility verification and compliance with these Official Rules.
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PROMOTION PERIOD: The Sweepstakes begins on July 25,
2024 at 12:00:00 AM Eastern Time (āETā) and ends on August 7, 2024 at
11:59:59 PM ET (the āPromotion Periodā). The Sponsor runs the official
clock for the Sweepstakes and will solely determine the time by which an
entry is received.
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HOW TO ENTER: During the Promotion Period, access the
online entry form by scanning the Quick Response code (āQR codeā) found
on advertising materials at participating Guitar Center locations OR by
visiting
www.guitarcenter.com/gear-giveaway.gc.
To enter, you must complete all required information on the Sweepstakes
entry form. As part of the Sweepstakes entry process, Entrants will be
required to indicate that they have read, accept, and agree to be bound
by these Official Rules. Limit one entry per person using only one (1)
email address throughout the Promotion Period. Entries received from any
person or email address in excess of the stated limitation will be void.
Entries will be deemed made by the authorized account holder of the
e-mail address submitted at the time of entry. Entries are subject to
the acceptance and acknowledgement of these Official Rules and any other
applicable Terms of Services/Privacy Policy. The āauthorized account
holderā is defined as the natural person who is assigned to an e-mail
address by an internet access provider, on-line service provider, or
other organization responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. When using a
web-enabled mobile device to scan the QR code and/or to enter, message
and data rates may apply. You agree to incur any and all charges
demanded by your wireless carrier. Not all mobile devices offer wireless
Internet access; and wireless Internet access may not be available in
all areas.
Sponsor is not responsible for lost, late, damaged, delayed, destroyed,
misdirected, incomplete, illegible, mutilated, technically corrupted or
garbled entries, which will be disqualified, or for problems of any kind
whether mechanical, human or electronic. No automated entry devices
and/or programs permitted. Incomplete or illegible entries are not
eligible. All entries become the property of the Sponsor and will not be
returned. Proof of submission will not be deemed to be proof of receipt
by Sponsor.
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RANDOM DRAWINGS: A random drawing will be conducted on
or about August 9, 2024 to select one (1) winner from among all eligible
entries received. The random drawing will be conducted by Marden-Kane,
Inc., an independent judging organization whose decisions shall be final
and binding on all matters relating to this Sweepstakes. The odds of
winning a prize depend on the number of eligible entries received.
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PRIZE AND APPROXIMATE RETAIL VALUE (āARVā): One (1) Grand
Prize
ā a 3-day/2-night trip for the winner and one guest to Nashville, TN
(travel valid 9/1/2024 ā 2/28/25). Prize includes roundtrip coach air
transportation from major airport nearest winnerās home, 2 nightsā hotel
accommodations (1 room/double occupancy), and a tour of The Gibson
Garage and ground transportation to/from hotel/The Gibson Garage. Winner
will also have the opportunity to select either a Gibson acoustic guitar
or a Gibson Electric Guitar (not to exceed $4,000 in value). Travel
dates exclude Thanksgiving weekend, the last two weeks of December and
the first week in January. Travel may be subject to other blackout
periods and other restrictions may apply. Sponsor will determine
airline, flight itinerary, and seating in its sole discretion. If winner
cannot travel during the specified travel dates, then he or she forfeits
the entire prize. Sponsor reserves the right to provide an alternate
means of transportation or travel stipend in lieu of air transportation,
which will be determined at Sponsorās sole discretion, depending on
where the winner resides. Maximum ARV of the Grand Prize is $5,700. The
actual value of the prize may vary based on transportation and hotel
price fluctuations; any difference in value will not be compensated. All
applicable federal, state and local taxes on the prize and any expenses
relating to the acceptance/use of the prize not specified herein are the
sole responsibility of winner. The value of the prize is taxable as
income and winner will receive an IRS form 1099 for the total value of
the prize as stated herein. Winner and guest must travel on same
itinerary. Winner and guest are solely responsible for all other
expenses not specifically set forth herein, including but not limited to
meals, additional transportation, souvenirs, parking and other
incidentals and items of a personal nature. Winner and guest are
responsible for obtaining any insurance (including but not limited to,
any travel or health insurance. All prize details not specified in these
Official Rules will be determined by the Sponsor in its sole discretion.
Prize consists of only the items specifically listed as part of the
prize.
General Prize Conditions:
All travelers must possess required travel documents (i.e., valid
government-issued photo ID). Hotel may require that winner or guest be
at least 21 years of age to check-in. A valid credit card will be
required at time of hotel check-in. The components of this prize are
subject to change based on local health and safety guidelines at time of
booking.
Admission to the The Gibson Garage is subject to the restrictions and
requirements of the venue, as applicable. Tours are subject to the terms
and conditions regarding use, including any requirements of the venue
operator. Travel must be made through the Sponsorās agent on a carrier
of Sponsorās choice and is subject to availability. Passes/tickets may
not be resold, offered for resale, or used for any commercial or
promotional purpose whatsoever. Any such resale or commercial or
promotional use may result in passes/ticket(s) being voided. The
Released Parties (as defined in Section 8 below) are not responsible for
any unclaimed, lost, mutilated or stolen pass/ticket prizes; nor will
said prizes be replaced. If a prize-related event, in part or in its
entirety, is unable to take place as planned for reasons including, but
not limited to, scheduling conflicts, venue operation, cancellations,
postponements, delays, an event of force majeure (any acts of God,
natural catastrophes, public enemies, war, acts of terrorism, civil
commotion, riot, strikes or labor difficulties, lockout, judicial or
government order, or other requirement of law, or national emergencies
or any other cause beyond the Sponsorsā reasonable control), an
unforeseeable health event (e.g., pandemic or epidemic), or for any
other reason whatsoever, then Sponsor will have no obligation to award
compensation in lieu thereof. The Released Parties and/or any other
relevant party reserve the right to remove or deny entry to the winner
and/or a guest of winner who engages in a non-sportsman like or
disruptive manner, or with intent to annoy, abuse, threaten, or harass
any other person at the Event or at any prize-related venue. In no event
will the Released Parties provide any additional compensation to any
Entrant other than the prize offered as stated herein.
No substitutions, cash equivalents, or transfer of prize permitted
except at the sole discretion of the Sponsor, who reserves the right
where lawful to substitute a prize with one of comparable or greater
value. Prize may not be sold, bartered, or exchanged by winner. Sponsor
is not responsible for damage or loss of any portion of a prize after it
has been delivered to a confirmed winner. Sponsor makes no warranties,
and hereby disclaims any and all warranties, expressed or implied,
concerning any prize furnished by third parties in connection with the
Sweepstakes. Prize may vary from what has been advertised, pictured,
etc.
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WINNER NOTIFICATION AND CLEARANCE: Prize award is
subject to verification of eligibility. Potential winner will be
notified by the Administrator via email on or about August 12, 2024.
Potential winner (and parent/legal guardian if a potential winner is
deemed a minor in his/her state of residence) will be required to
complete, sign, and return the following documents: [1] an affidavit of
eligibility and liability release, and where legal, a publicity release
and [2] IRS Form W-9 to include his/her social security number that will
be used only for the purpose of reporting the winnerās prize earnings to
the Internal Revenue Service (collectively, the āDocumentsā). Winnerās
guest must be legal age of majority and will be required to execute
liability/publicity/travel releases prior to issuance of travel
documents. If winner is a minor, winnerās parent/legal guardian will be
required to accompany winner on trip and will count as the winnerās
guest. Winner and guest may be required to complete additional
documentation/releases at Sponsorās sole discretion.
The Documents must be returned to the Administrator by the date stated
in the notification email or the prize will be forfeited, and an
alternate winner will be selected. If a potential winner (i) cannot be
contacted after a reasonable attempt has been made by Administrator (as
determined in Sponsorās sole discretion); or (ii) fails to timely return
the required paperwork without alteration and in the form presented by
Administrator; or (iii) refuses the prize; or (iv) the prize or prize
notification is rejected or returned as undeliverable, then such
potential winner will be disqualified and forfeits all rights to be
deemed a winner in the Sweepstakes and receive the prize, and an
alternate winner will be selected through a random drawing by the
Administrator from the remaining eligible entries, time permitting. Only
three (3) alternate drawings will be held in an attempt to award the
prize, after which the prize will remain unawarded. Upon prize
forfeiture, no compensation will be given, and Sponsor will have no
further obligation to that participant.
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CONDITIONS OF ENTRY: By participating, Entrants agree
to comply with these Official Rules including all eligibility
requirements. Sponsor reserves the right to disqualify Entrants who
violate these Official Rules or interfere with this Sweepstakes in any
manner. Any attempt by an Entrant to enter the Sweepstakes and/or obtain
more than the stated number of entries permitted herein by using
multiple/different email addresses, identities, registrations and
logins, or any other method will void that Entrantās entries and that
Entrant may be disqualified. Use of any automated entry software is
prohibited. Electronically reproduced, illegible, incomplete or
inaccurate entries are void. Acceptance of a prize constitutes
permission for the Sponsor and its agencies to use winnerās name,
likeness, photograph and/or hometown and state/province for purposes of
advertising and trade without further compensation, in any media,
worldwide, unless prohibited by law.
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GENERAL: Sponsor, Administrator, Prize Providers, and
their respective affiliates, subsidiaries, divisions, advertising and
Sweepstakes agencies, and all of their officers, directors,
shareholders, employees, and agents (collectively āReleased Partiesā)
are not responsible for incorrect or inaccurate transcription of entry
information, or for any human or printing error, technical malfunctions,
lost/delayed data transmission, omission, interruption, deletion,
defect, line failures of any telephone network, computer equipment,
software, inability to access any online service or website, inability
to submit the online entry form, or any other error or malfunction, or
any injury or damage to Entrantās or any other personās computer related
to or resulting from participation or downloading any materials in this
Sweepstakes, or for late, lost, stolen, illegible, misdirected or
damaged entries.
Caution: Any attempt by an Entrant or any other individual to
deliberately damage any online service or website or undermine the
legitimate operation of the Sweepstakes may be a violation of criminal
and civil laws and should such an attempt be made, the Sponsor
reserves the right to seek damages and/or other remedies from any such
person to the fullest extent permitted by law. Sponsorās failure to
enforce any term of these Official Rules shall not constitute a waiver
of that or any other provision.
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LIMITATIONS OF LIABILITY: Entrants agree to release
indemnify and hold harmless the Released Parties from any and all
liability, for loss, harm, damage, injury, cost or expense whatsoever
including without limitation, property damage, personal injury and/or
death which may occur in connection with participation in the
Sweepstakes, or possession, acceptance and/or use or misuse of prize or
participation in any Sweepstakes-related activity and for any claims
based on publicity rights, defamation or invasion of privacy and
merchandise delivery. Sponsor reserves the right to cancel or modify the
Sweepstakes if it cannot be executed as planned for any reason or event
beyond Sponsorās control, including but not limited to a force majeure
event or occurrence, an āact of Godā (e.g., natural disaster, etc.) or
an unforeseeable health event (e.g., pandemic) making it inadvisable,
impractical, impossible or illegal or which materially affects a partyās
ability to perform its obligations under this agreement in whole or in
part, or if fraud, technical failures, human error or any other causes
beyond the reasonable control of the Sponsor impairs the integrity or
proper functioning of the Sweepstakes, as determined by Sponsor in its
sole discretion. If terminated, Sponsor may, at its discretion, award
prizes in a random drawing from among all non-suspect, eligible entries
received up to the time of termination. In no event will more than the
stated number of prizes be awarded.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES:
TO THE MAXIMIM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED
PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND,
INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR
PARTICIPATING IN THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING
MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES.
WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMIM EXTENT PERMITTED BY
LAW, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW
THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL
LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR
EXCLUSIONS.
By entering the Sweepstakes, Entrants acknowledge that they are familiar
with the provisions of California Civil Code Section 1542, which
provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR.
Accordingly, by entering the Sweepstakes, Entrants (on their behalf and
on behalf of their heirs, executors, administrators, personal
representatives, predecessors, successors and assigns of any of the
foregoing, and all other persons and entities asserting rights of or
acting on behalf of the entrant) hereby waive and relinquish any right
or benefit which Entrant, Designated Agent or such persons has, have or
may have against Sponsor and the other Released Parties under Section
1542 of the Civil Code of the State of California, or under any similar
statutory or common law of any other jurisdiction to the full extent
that any such person may lawfully waive such rights and benefits
pertaining to the releases set forth in these Official Rules, the
website, Sweepstakes, and applicable privacy policy.
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DISPUTES, GOVERNING LAW; FORUM:
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 attorneysā 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.
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SEVERABILITY:
If any provision(s) of these Official Rules are held to be invalid or
unenforceable, all remaining provisions hereof will remain in full force
and effect.
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WHO WON? For the name of the prize winner send an email
with the subject line: āGuitar Center Fender Strat Sweepstakes Winnerā
to:
winnerslist@mkpromosource.com, to be received by August 11, 2024. The winners list will be available
on or about August 26, 2024 or after the winner has been verified.
Suppliers of prizes offered in this Promotion are not Sponsors or
Participants in this Sweepstakes and no association or endorsement is
implied. The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
Ā© 2024 Marden-Kane, Inc. All
rights reserved. These Official Rules may not be copied, edited, or used
for any other purpose, commercial or otherwise, without the express
written consent of Marden-Kane, Inc.