Stratocaster 70th Anniversary Giveaway

1. Eligibility: The Fender Australia Stratocaster 70th Anniversary Prize Draw (the “Prize Draw”) is open only to residents of each Australian State and Territory, except residents of the Australian Capital Territory, who are at least eighteen (18) years old at the time of entry. Employees (meaning any directors, management, employees, consultants, officers and contractors or other such people who perform work under the control of another in exchange for payment) of Fender Music Australia Pty Ltd, Merkle Inc., and their parent and affiliate companies as well as the immediate family (meaning spouse, parents, siblings, and children) and household members of each such employee are not eligible.

The entrant agrees and acknowledges that they have read these Official Rules and that participation in the Prize Draw constitutes entrant’s full and unconditional agreement to these Official Rules. Promoter’s and Administrator’s decisions are final and binding in all matters related to the Prize Draw. Winning a prize is contingent upon fulfilling all requirements set out in these Official Rules.

2. Promoter: Fender Music Australia Pty Ltd, Unit 2, Building 5/85 O'Riordan St, Alexandria NSW 2015, Australia. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075 U.S.A.

3. Timing: The promotion begins at 02:00 a.m. Australian Eastern Standard Time (“AEST") on 23 April 2024, and ends at 04:59 p.m. on 3 June 2024 AEST (the "Promotion Period"). Administrator’s servers are the official time-keeping devices for the Prize Draw and those records are final and conclusive as to the time of receipt.

4. How to Enter: There are two (2) ways to enter during the Promotion Period. If entering via a mobile device and using your wireless carrier’s network, standard data charges from your wireless carrier may apply.

A. Register on the Prize Draw Site: During the Promotion Period, visit fender.com/yearofthestrat (“Prize Draw Site”) and follow the links and instructions to accurately complete and submit the registration form, including your first and last name (initials are not sufficient), email address, country of residence and agreement to these Official Rules. You will receive one (1) entry into the Prize Drawing.

B. Enter by Posting on Instagram: To enter on Instagram, you will need to have a public, personal Instagram account. Creating an Instagram account is free but subject to its Terms of Use (http://instagram.com/about/legal/terms/#).

At the beginning of each of the six (6) weeks of this Prize Draw (each Tuesday) at approximately 02:00 a.m. AEST, Promoter will post a new post advertising this Prize Draw on the @Fender page on Instagram. Each of these posts will provide prompts and instructions for consumers to follow when creating content to post on Instagram. These entry instructions will also be made available on the Prize Draw Site. Take the following actions during the Promotion Period to receive an entry:

(1) Follow @fender on Instagram;

(2) Post content on Instagram responsive to any one of the six (6) prompts and include #FenderStratPrizeDrawAU in the original caption to your post (your “Post”). Instagram Stories and Instagram posts where the required hashtag is included in a comment rather than the caption of the original post will not be deemed entries.

(3) Your Post must not violate any of the Content Restrictions for your Entry on Instagram listed below;

(4) Your account settings must be public when you Post and remain public until the prizes are awarded (as described in Section 5); and

(5) You must not change your Instagram handle once you post to enter this Prize Draw and until the prizes are awarded (as described in Section 5).

Content Restrictions for your Entry on Instagram:

· Your Post must be your original work or content provided by Promoter;

· If your Post contains a video, your video must be no longer than 15 seconds long;

· Your Post must not convey any claims regarding Promoter’s products or services that would be deemed unsubstantiated or deceptive if made by Promoter. If you include a reference to Promoter’s products or services in your Post, such reference must be based upon your personal knowledge and reflect your honest opinion;

· You must have permission to include the handles, names or likenesses of any individuals mentioned in your Post and to grant the rights set forth in Section 5. If requested, entrant must be able to provide such permissions in a form acceptable to Promoter. You may not include minors in your Post;

· Your Post must not contain material that violates or infringes another’s rights and therefore may not feature images, artwork, logos, brand names, trademarks, music of any kind (including but not limited to any music being played by entrant in any video posted to enter this Prize Draw), stickers or any other intellectual property of any person or entity, other than that of the Promoter (which you are able to use for purposes of this promotion only);

· Your Post must not make references to or include: alcohol, illegal drugs, marijuana, tobacco, vapes or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;

· Your Post must not be indecent, obscene, sexually explicit, hateful, promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and

· Your Post must not be tortious, defamatory, libelous, disparage Promoter or any other person or party, or contain material that is unlawful in any way.

By posting content that conforms to all of the above requirements, you will receive one (1) entry in the Prize Drawing. Promoter, in its sole discretion, may disqualify any Post that it finds unlawful, or in violation of these Official Rules.

Limits: You may receive one (1) entry by registering on the Prize Draw Site and up to six (6) entries by posting unique content on Instagram consistent with any of the provided prompts during the Promotion Period. Multiple entrants are not permitted to share the same email address or Instagram handle. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, Instagram handles, registrations and logins, or any other methods, will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and may result in disqualification. In the event of a dispute as to the identity of an entrant, Promoter and Administrator will rely on the information submitted by the entrant when entering this Prize Draw, including information associated with entrant’s social account (if applicable). If any additional information provided by entrant in order to claim the prize is inconsistent with the information provided when entering this Prize Draw, Promoter and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won. Promoter, in its discretion, may require additional documentation from entrant to show proof of entrant’s identity.

5. Prize Drawings and Winner Verification: An independent organization, Trade Promotions and Lotteries Pty Ltd. (“TPAL”) will randomly select winners. The first three (3) valid entries drawn will each win a Grand Prize specified in section 6 below. The draw will take place at 4:00 p.m. AEST on 11 June 2024 by randomized computer process at TPAL’s premises located at ACN 601 297 330 Level 2, 11 York Street, Sydney NSW 2000. The potential winners will be notified on 11 June 2024. Each potential winners' surname, initial and state of residence will also be posted on the Promoter’s website on 11 June 2024.

If potential winners entered through the Prize Draw Site, they will be notified by email from Administrator on 11 June 2024. If potential winners entered by posting on Instagram, they will receive a direct message from @Fender with a link to a secure portal on or about 11 June 2024. All potential winners will be required to provide their full name (initials are not sufficient), home mailing address and date of birth or confirm that they meet eligibility requirements and for purposes of prize fulfillment within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize.

If a potential winner of any prize cannot be contacted, fails to provide the requested information within the required time period, or the prize is returned as undeliverable, the winner will forfeit the prize. In the event that any winner forfeits the prize or is disqualified for any reason, Promoter will award the prize to an alternate winner by a second random drawing ("Second Draw") by TPAL. Second Draw potential winner(s) will be notified by email on 24 June 2024 and their surname, initial and state of residence will also be posted on the Promoter’s website on 24 June 2024. Second draw potential winners also will be required to provide their full name (initials are not sufficient), home mailing address and date of birth or confirm that they meet eligibility requirements and for purposes of prize fulfillment within ten (10) days of the date notice or attempted notice is sent, in order to claim the prize.

If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.

6. Prizes:

THREE (3) FIRST PRIZES: Each winner will receive one (1) Fender Player Stratocaster® Anniversary 2- Color Sunburst guitar. All prize style, color, features and all other details will be determined by Promoter in its sole discretion. Retail Value $1,299.00 AUD.

Prizes are non-transferable or exchangeable and cannot be taken as cash. Promoter reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

The value of the prizes is accurate and based upon the recommended or approximate retail value of the prizes at the start of the Promotion Period. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.

Prizes will be fulfilled no later than 31 July 2024 and, if applicable, within 28 days of the Second Draw taking place. Limit: One (1) prize per person. Total ARV of all prizes: $3,897.00 AUD.

7. Release and Limitation of Liability: Nothing in these Official Rules limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).

Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Official Rules; (e) any tax liability incurred by a winner or entrant; or (f) taking and/or use of a prize.

8. Publicity: Participation in the Prize Draw constitutes each winner’s consent to the Promoter using the winner’s surname and initial, and/or state of residence in any media for an unlimited period without remuneration for the purpose of promoting this Prize Draw (including any outcome).

9. General Conditions: Promoter reserves the right to cancel, suspend and/or modify the Prize Draw, if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Prize Draw, or any event or cause beyond Promoter’s reasonable control interferes with any aspect of the Prize Draw, including but not limited to fulfillment of the prize(s), as determined by Promoter in its sole discretion. In such event, Promoter may, in its sole discretion, to the fullest extent permitted by law (a) disqualify any entrant; and/or (b) modify, suspend, terminate or cancel the Prize Draw, as appropriate. Any attempt by any person to deliberately undermine the legitimate operation of the Prize Draw may be a violation of criminal and civil law, and, should such an attempt be made, Promoter reserves the right to seek damages from any such person to the fullest extent permitted by law. Promoter’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

10. Indemnity: Without limiting any other terms herein, the entrant agrees to indemnify the Promoter for any breach of these Official Rules by the entrant.

11. Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Prize Draw or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the courts of New South Wales, Australia; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Prize Draw, but in no event legal fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 the entrant and Promoter in connection with the Prize Draw, shall be governed by, and construed in accordance with, the laws of New South Wales without giving effect to any choice of law or conflict of law rules (whether of the State of New South Wales or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New South Wales.

12. Entrant's Personal Information: The Promoter will share personal information ("PI") collected on its Prize Draw Site or aggregated from Instagram with Administrator in order to conduct the Prize Draw and may, for this purpose, disclose such PI to third parties necessary for the administration of the Prize Draw, including but not limited to agents, contractors, service providers and prize suppliers. Entry is conditional on providing this PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.fender.com/en-AU/privacy-policy.html?rdl=true. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. PI shared with Administrator will be securely stored in its systems in the United States.

13: Tax: The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this Prize Draw results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office's stated view that where the parties are at arm's length, goods and services exchanged are of equal GST inclusive market values.