Stratocaster 70th Anniversary Giveaway | Official Rules English Int'l

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility: Fender Stratocaster 70th Anniversary Prize Draw (the “Prize Draw”) is open only to individuals who are legally residing in France, Germany, Japan, Mexico, the United Kingdom and the fifty (50) United States and District of Columbia (excluding any overseas territories of any of these countries), each an eligible “Country,” who are at least eighteen (18) years old at the time of entry. The Prize Draw includes one (1) “International Grand Prize Drawing” for entrants from all Countries and six (6) “Country Drawings”, one (1) for entrants from each of the six (6) Countries. Employees of Fender Musical Instruments Corporation (”Sponsor”), Merkle Inc. (“Administrator”), and their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Prize Draw is subject to all applicable laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules. Sponsor’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 forth herein.

2. Sponsor: Fender Musical Instruments Corporation, 1575 N Gower Street, Suite 170 Los Angeles, CA 90028, U.S.A. Administrator: Merkle Inc. (previously known as HelloWorld, Inc.), 3000 Town Center, Suite 2100, Southfield, MI 48075, U.S.A.

3. Timing: The Prize Draw begins on April 22, 2024 at 9:00 a.m. United States Pacific Time (“PT”) and ends on June 2, 2024 at 11:59 p.m. PT. (the “Promotion Period”). See the world clock at https://www.timeanddate.com/worldclock/ for the applicable start and end times for each country. Sponsor’s and Instagram’s servers are the official time-keeping devices for the Prize Draw.

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 Country Drawing for your Country of residence and one (1) entry into the International Grand 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 week of this Prize Draw (on or about each Monday, at approximately 9:00 a.m. PT), Sponsor will post a new post advertising this Prize Draw on the @Fender page on Instagram for entrants from France, Germany, Mexico, the United Kingdom and the 50 United States and the District of Columbia, and a separate post advertising this Prize Draw on the @Fender_jp page on Instagram for residents of Japan. 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 or @fender_jp (as applicable) on Instagram;

(2) Post content on Instagram responsive to any one of the six (6) prompts and include the hashtag for your country of residence as set forth below in the original caption to your post (your “Post”). NOTE: Each post will include a “No Purchase Necessary” prompt and entrants are not required to purchase Sponsor’s products to enter on Instagram. 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.

REQUIRED HASHTAG BY COUNTRY

France

#JeuFenderStrat

Germany

#FenderStratGewinnspiel

Japan

#フェンダーストラト当たる

Mexico

#SorteoFenderStrat

United Kingdom

#FenderStratPrizeDrawUK

50 United States/District of Columbia

#FenderStratSweepstakes

(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 7); 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 7).

Content Restrictions for your Entry on Instagram:

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

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

· Your Post must not convey any claims regarding Sponsor’s products or services that would be deemed unsubstantiated or deceptive if made by Sponsor. If you include a reference to Sponsor’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 Sponsor. 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 Sponsor (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, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda;

· Your Post may 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 may not be tortious, defamatory, libelous, disparage Sponsor 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 into the Country Drawing for your Country of residence and one (1) entry into the International Grand Prize Drawing. Sponsor, in its reasonable discretion, may disqualify any Post that it finds unlawful, or in violation of these Official Rules.

Limits: You may receive one (1) entry into the International Grand Prize Drawing and one (1) entry into the applicable Country Drawing by registering on the Prize Draw Site, and up to six (6) entries into the International Grand Prize Drawing as well as up to six (6) entries into the applicable Country Drawing 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, Sponsor 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, Sponsor and/or Administrator may disqualify such entrant and such disqualification may result in the forfeiture of any prizes won. Sponsor, in its discretion, may require additional documentation from entrant to show proof of entrant’s identity.

5. Sponsor’s Use of Social Post Content: Posting on Instagram to earn an entry constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Posts, in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, to the fullest extent permitted by applicable law. Each entrant shall not exercise any claim for infringement of any moral rights or similar right or interest to or in such Posts. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Post.

6. Prize Drawings and Winner Requirements: Administrator is an independent organization whose decisions as to the selection of the potential winners are final and binding. Administrator will randomly select the potential International Grand Prize winner from all eligible entries received for all entrants during the Promotion Period, on or around June 10, 2024. Administrator will also randomly select the potential winners for each Country Drawing from all eligible entries received from eligible entrants in each of the six (6) Countries during the Promotion Period, on or around June 10, 2024.

A. Notification and Confirmation for potential winners from France, Germany, Japan, Mexico or the United Kingdom:

· Potential winners who entered by registering on the Prize Draw Site will be notified by email from Administrator;

· Potential winners who entered by posting on Instagram will receive a direct message form @Fender or @Fender_jp (as applicable) with a link to a secure portal;

· All potential winners will be required to provide their name, home mailing address and date of birth or confirm that they meet age requirements to confirm eligibility and for purposes of prize fulfillment within five (5) days of the date notice or attempted notice is sent, in order to claim the prize.

· Any potential winner from Mexico must answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered electronlically at a time specified by Sponsor. Failure to answer skill-testing question correctly in the time provided will result in disqualification and selection of an alternate winner, at Sponsor’s sole discretion.

B. Notification and Confirmation for potential winners from the United States:

· All potential winners (or parent/legal guardian if winner is a minor in their state of residence), whether they entered by registering on the Promotion Site or by posting on Instagram, will be required to sign and return a Declaration of Compliance, Liability Waiver and where not prohibited a Publicity Release ("Declaration") which must be received by Administrator within five (5) days of the date notice or attempted notice is sent by email, in order to claim the prize.

· For potential winners who entered by posting on Instagram, they will first be notified by a private message from @Fender directing them to complete an online form providing their name, email address and birth date and then will be sent an email with the Declaration.

· Potential winners who entered through the registration site will only need to complete the Declaration.

If a potential winner of any prize cannot be contacted, fails to sign and return the Declaration (if applicable) or provide any other requested information within the required time period, or the prize is returned as undeliverable, the potential winner forfeits the prize. Receiving a prize is contingent upon compliance with these Official Rules. In the event that a potential winner is disqualified for any reason or forfeits the prize, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.

7. Prizes, Approximate Retail Value (“ARV”), and Odds of Winning:

A. Prizes:

ONE (1) GRAND PRIZE (available to entrants from all countries): One (1) Fender Custom Shop 70th Anniversary Limited Edition 1954 Stratocaster® guitar. Winner will have the opportunity to select customized features as offered by Sponsor, including color, fret size neck shape, fingerboard radius and pickups, total ARV not to exceed $2,000 USD. ARVs: euros: €1567 to €1844; yen: ¥ 258132 to ¥ 303685; Mexican pesos: MX$ 277753 to MX$ 32650; pound sterling: £ 1345 to £1582; and US dollars: $1,700 to $2,000 USD.

SIXTY SEVEN (67) FIRST PRIZES: One (1) Fender Player Stratocaster guitar. First prizes will be awarded as follows:

Country

Number of First Prizes Awarded

ARV per Prize

France

€869.00 EUR

Germany

€869.00 EUR

Japan

¥104,500 JPY

Mexico

$17,400 MXP

United Kingdom

£759.00 GBP

50 U.S. and D.C.

$800 USD

Style, color, features and all other details of First Prizes will be determined by Sponsor in its reasonable discretion.

B. Total ARV: The total ARV of all prizes in the Prize Draw available to US winners is $34,000 USD.

C. Odds of Winning: The odds of winning a prize depend on the total number of eligible entries received during the Promotion Period for the applicable drawing (Grand Prize Drawing or Country Drawing).

For All Prizes: Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s reasonable discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Where applicable, winners are responsible for all taxes and fees associated with prize receipt and/or use. Winners from the 50 United States/District of Columbia will receive an IRS Form 1099 MISC reporting the actual value of the prize received. ARVs are determined as of the time these Official Rules were published and the value of a prize may fluctuate. A winner is not entitled to any difference between the ARV and the actual value of the prize at the time the prize is awarded. Prizes will be fulfilled approximately 8-10 weeks after winner confirmation. Limit of one (1) prize per household. For Mexican winners, Sponsor reserves the right to withhold any applicable taxes.

8. Release:

For entrants outside of the UK:

By receipt of any prize, with the exception of liability which cannot be excluded by applicable law, winners agree to release and hold harmless Sponsor, Administrator, Instagram, Inc., Meta Platforms, Inc. and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Prize Draw and/or acceptance, use, inability to use, misuse or redemption of a prize (including any injury or harm related thereto).

For UK entrants:

Where permitted by law, Sponsor, Administrator and and their affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents will not be responsible or liable to compensate a winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of Sponsor, Administrator, their affiliates, subsidiaries, retailers or agents. Statutory rights available to consumers under local laws are not affected by this paragraph.

9. Publicity: Except where prohibited by applicable law, participation in the Prize Draw constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, prize information, likeness, photograph, social handle, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Sponsor is not obligated to use any of the above-mentioned information or publicity materials but may do so and edit such information or materials at its sole discretion, without further obligation or compensation.

10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Prize Draw, subject to the entrants’ reasonable prior notice, 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 Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Prize Draw, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its reasonable discretion. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance and may modify the prizes offered herein. Sponsor reserves the right, in its reasonable discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Prize Draw, including but, not limited to submitting fraudulent entries, or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. 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, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In no event will more prizes than are stated in these Official Rules be awarded. If, due to technical or human error, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the intended number of prizes to the intended, eligible prize claimants selected. In the event there is a discrepancy or inconsistency between any other statements contained in any Prize Draw-related materials (including printed versions of these Official Rules) and the Official Rules as posted on the Prize Draw Site, the Official Rules as posted on the Prize Draw Site shall prevail, govern, and control.

11. Limitations of Liability: Except as prohibited by law, and subject to the express exception for UK residents in paragraph 8 above, the Released Parties are not responsible for: (1) any incorrect or inaccurate information either caused by printing errors or by any of the equipment or programming associated with or utilized in the Prize Draw or provided by entrants; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections to the internet, in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Prize Draw, including but not limited to the entry process; (4) technical or human error which may occur in the administration of the Prize Draw, including but not limited to the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) to the extent permitted by applicable law, any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Prize Draw, or to the receipt, use, inability to use, or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Prize Draw, if it is possible.

12. Disputes: Except where prohibited, 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 United States District Court for the Eastern District of Michigan or the appropriate Michigan State Court located in Oakland County, Michigan; (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 attorneys’ 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 Sponsor in connection with the Prize Draw, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

For UK entrants: Entrants from the UK have additional rights under applicable consumer and other laws, regulations and codes in the UK. Entrants from the UK may additionally bring actions in their local courts.

For French entrants: The Disputes paragraph above does not apply and shall be replaced by the following: French courts shall have exclusive jurisdiction in the event of any dispute arising out under the Official Rules and the Prize Draw. The Prize Draw, the Official Rules and their interpretation shall be governed by and construed in accordance with the Laws of France.

13. Severability: If the application of any provision of these Official Rules to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitration panel or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Official Rules, shall not in any way be affected or impaired thereby; and (b) such provision shall be enforced to the maximum extent possible. In addition, if any provision contained in these Official Rules shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.

14. Entrant's Personal Information: When you enter this Prize Draw, you provide certain personal data to the Sponsor, including your valid email address and/or your Instagram handle. For this purpose, the Sponsor is a data controller of any personal data that you provide. Where the provision of any personal data is marked as a mandatory field for the purposes of the Prize Draw, should you refuse to provide such data, your entry into the Prize Draw will not be valid. Personal data will be used to administer the Prize Draw, contact potential winners and allocate the prizes and for any other purposes notified in Sponsor’s Privacy Policy. The processing of your personal information for these purposes is necessary for the performance of the contract entered between you and the Sponsor when entering the Prize Draw. Your personal data will be retained for as long as necessary for the administration of the Prize Draw, contacting potential winners and allocating the prizes. Your personal data will then be archived to be used in the event of a litigation or dispute for the applicable statute of limitations, or for as long as required by applicable laws - after which point your personal data will be deleted. All personal data collected in connection with the Prize Draw will be processed by the Sponsor and the Administrator and will be stored on servers and computer systems which are based in the United States of America. For additional information about the Sponsor’s processing of any personal data that you submit, please visit Sponsor’s privacy policy for your country of residence as set forth in the table below.

SPONSOR’S PRIVACY POLICY BY COUNTRY

France

https://www.fender.com/fr-FR/privacy-policy.html

Germany

https://www.fender.com/de-DE/privacy-policy.html

Japan

https://www.fender.com/ja-JP/fender-jp-features/privacy-policy

Mexico

https://www.fender.com/play/pages/privacy

United Kingdom

https://www.fender.com/en-GB/privacy-policy.html

50 United States/District of Columbia

https://www.fender.com/play/pages/privacy

Sponsor’s Privacy Policies set out further details in relation to any rights that you have in relation to the data that you provide, including how to contact Sponsor. The Administrator acts in the capacity of a data processor, processing such personal data on the instructions of the Sponsor. The U.S. government maintains access rights and personal data may be subject to subsequent processing without comprehensive legal restraints (i.e., the Sponsor and/or the Administrator may be required, under U.S. law, to share your personal data with U.S. governmental authorities, courts, or other regulators). Finally, French entrants have the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés, CNIL : https://www.cnil.fr/fr.

15. Winner List: For a list of winners from the United States and the District of Columbia, please click HERE. For a list of winners from France, Germany, Japan, Mexico or the United Kingdom, please click HERE. The winner lists will be posted after winner confirmation is complete.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, Inc. or Meta Platforms, Inc.