Fender Play® 4-Year Anniversary Artist Giveaway | Death Cab for Cutie
Official Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The FENDER PLAY® 4-Year Anniversary Death Cab for Cutie Sweepstakes (the "Promotion") begins at 9:00:01 AM Pacific Time (“PT”) on July 29th, 2021 and ends at 11:59:59 PM PT on August 4th, 2021 (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
By visiting Fender Play® between 9:00:01 AM Pacific Time (“PT”) on July 29th, 2021 through 11:59:59 PM PT on August 4th, 2021 , and completing 50% of a Lesson in the Death Cab for Cutie Collection, you will be automatically entered into the Sweepstakes. By entering into the Sweepstakes outlined below, you are entering into an electronic contract with Sponsor to be bound by these Official Rules governing the Sweepstakes. Therefore, please read these Official Rules carefully and ensure your agreement. By participating in the Sweepstakes, you are confirming your agreement to these Official Rules. In addition, you are agreeing to the Terms & Conditions of Use governing use of this website, pursuant to which you make certain representations to Fender and grant Fender certain license rights to use your Sweepstakes entry and other submitted content. For more information about Fender's Terms and Conditions, click here.
1. ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States and the District of Columbia, who are 18 (except Alabama and Nebraska 19 and 21 in Mississippi) years of age or older as of date of entry, and an active Fender Play® subscriber (7-day trial, prepaid, monthly or annual subscription) who has watched at fifty percent (50%) of at least one (1) Fender Play® lesson video in the Death Cab for Cutie Collection in the last one (1) day during the applicable entry period (9:00:01 AM Pacific Time (“PT”) on July 29th, 2021 and 11:59:59 PM PT on August 4th, 2021). Employees, officers and directors of Fender Musical Instruments Corporation (“Sponsor”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
2. HOW TO ENTER THE PROMOTION: To enter, an entrant must visit Fender Play® (either in-app or online) between 9:00:01 AM Pacific Time (“PT”) on July 29th, 2021 and 11:59:59 PM PT on August 4th, 2021 , and complete fifty percent (50%) of a Lesson or Practice Mode Lesson. During that session, one (1) entry is given into the drawing. Maximum of one (1) entry per person during the Promotion Period.
To be eligible for the prize, entries must be received by Sponsor on or before 11:59 pm PST on August 4th, 2021. The use of automatic or robotic entry devices for entry is strictly prohibited.
To enter without a Fender Play ™ account, visit https://woobox.com/nfm4xd (the "Website") during the Promotion Period. Enter the Sweepstakes by completely entering your true and correct information on the registration form in the required fields (required fields include: Full Name, Country, and Email Address). Upon registering, you will receive one (1) entry into the Sweepstakes (“Sweepstakes Entry”). Maximum of one (1) entry per person during the Promotion Period.
3. SWEEPSTAKES DRAWING/ODDS: The drawing will take place, on Monday August 9th, 2021. The Administrator will conduct a random drawing from all eligible Entries received within the Promotion Period and select one (1) Grand Prize winner and one (1) (Runner-up Prize Winner). Odds of winning a Promotion prize depend on the number of eligible Entries received.
4. WINNER NOTIFICATION: The potential prize winners will be notified by email and/or phone within three (3) business days of winner selection or as soon as reasonably practicable. Potential winners will have seven (7) days to respond to winning notification before forfeiting their prize. Any winner of a prize package will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, and returned to Administrator within seven (7) days of date of issuance. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize.
5. PRIZES/PRIZE RESTRICTIONS: One (1) grand prize will be awarded during the Promotion. The Grand Prize consists of:
-One (1) BEN GIBBARD MUSTANG® guitar and one (1) one-on-one lesson with a Fender Play® Instructor. One (1) runner-up prize will be awarded during the Promotion. The prize consists of one (1) one-on-one lesson with a Fender Play® Instructor.
*Eligible product shall be subject to Fender’s sole discretion and is subject to change. Actual value of prize may vary and any difference between the stated ARV and the actual value will not be awarded. All taxes and shipping expenses (if any) arising from the redemption of any prize are the responsibility of the prize winner(s).
The Approximate Retail Value (“ARV”) of the prizes is USD $1499.99
PRIZE RESTRICTIONS: Limit of one (1) Promotion Prize per person/per household. The Promotion prize will be fulfilled approximately four (4) to six (6) weeks after the Promotion Period has ended. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY.
6. GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #6. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted.
7. CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
9. RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.
10. CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the state of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether of the state of Arizona or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of Arizona. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the state of Arizona. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
12. TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to the Prize Winners
13. WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by August 12th, 2021 to: Fender Play® 4-Year Anniversary Sweepstakes Winner List, Fender Musical Instruments Corporation, 1575 N Gower Street, Suite 170, Los Angeles, CA 90028.
SPONSOR: Fender Musical Instruments Corporation, 1575 N Gower Street, Suite 170, Los Angeles, CA 90028