“NICKELBACK FACEBOOK GUITAR GIVEAWAY 2012” Sweepstakes (Europe)
1. NO PURCHASE NECESSARY TO ENTER SWEEPSTAKES OR WIN A PRIZE. BUYING WILL NOT HELP YOU WIN. YOUR CHANCES OF WINNING WITHOUT MAKING A PURCHASE ARE THE SAME AS THE CHANCES OF SOMEONE WHO PURCHASES SOMETHING. IT IS ILLEGAL TO GIVE ADVANTAGE TO BUYERS IN A SWEEPSTAKES.
2. Entry Period: The “Nickelback Facebook Guitar Giveaway 2012” Sweepstakes (the “Promotion”) commences at 12:00:01 p.m. (CST) on August 9th, 2012 and ends at 11:59:59 p.m. (CST) on September 3, 2012. All entries must be received by 11:59:59 (CST) on August 31st, 2012 (“Deadline”). Gibson Guitar Corp. (herein referred to as “Sponsor”), at its own discretion, may extend the period of time for the submittal of entries. Any extension of time for the submittal of entries will be posted on the Promotion webpage at www.gibson.com.
3. Eligibility: THIS PROMOTION IS OPEN ONLY TO RESIDENTS OF FRANCE, BELGIUM, UNITED KINGDOM, LUXEMBOURG, GERMANY, AUSTRIA, SWEDEN, FINLAND, DENMARK, NORWAY, SPAIN, IRELAND, AND THE NETHERLANDS, WHICH ARE (“ENTRANTS”). If you are under the legal age of majority in your country of residence (a “Minor”), one of your parents or legal guardians must submit a signed, written statement that they have read, understood and agree to these Promotion rules with your entry, and that such agreement constitutes acceptance of these Promotion rules on behalf of you and themselves. To be eligible to win a prize, entries must be completed and received by Sponsor in the format designated below.
Employees of Gibson Guitar Corp. or their immediate families, or anyone whom has won a Gibson sponsored Promotion in the preceding 12 months are not eligible to be entered into the Promotion. Immediate family includes parents, spouse, children, siblings, grandparents, step-parents, step-children, and step-siblings. By participating in the Promotion, Entrants agree to be bound by these Official Promotion Rules, release Gibson and any affiliates against all claims, injuries, or damage arising out of any participation in these Promotion and redemption of the prize, and acknowledge compliance with these Official Promotion Rules All applicable federal, state and local laws and regulations apply. There is no cost to enter or win. Offer void where prohibited. In the event of any dispute, entries will be deemed to have been submitted by the owner of the e-mail address from which the e-mail was sent.
4. Promotion Overview and Prize Information: One (1) Potential Prize Winner (“Winner”) will be chosen by Sponsor on September 3rd, 2012 at 11:00:00 a.m. CST. The Winner will receive one (1) Gibson Les Paul Studio Ebony guitar autographed by Nickelback. The Potential Prize Winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited), which must be received by Gibson within ten (10) days after the Release is emailed to Entrant. If any Potential Prize Winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. A Potential Prize Winner is not a confirmed winner until he or she has retuned all required documentation and his/her eligibility has been verified by Sponsor. Non-compliance shall result in disqualification and award of the prize to an alternate winner.
No substitution or transfer of prize will be accepted without Gibson’s approval or where required by law. Gibson may reward alternate prize of equal or greater value if the main components of prize become unavailable. Prize is not redeemable for cash. Winners will receive an IRS 1099 form reflecting the fair market value of the prize. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.).
Total estimated retail value of all prizes = approximately $2,199.00 USD.
Odds of winning depend on total number of entrants received during the Promotion period.
5. How to Enter: To enter the “Nickelback Facebook Guitar Giveaway 2012” Promotion, Entrants will be required to enter through the entry form on Facebook by visiting www.Facebook.com/GibsonGuitar. Follow the on-screen instructions to complete and thereafter transmit the official online entry form, which includes: your full, legal name, address, and valid e-mail address. Entrant must be the registered subscriber of the email account from which the entry is made. Potential winners may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Facebook account for the potentially winning entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.
Entries may only be submitted by a single Entrant. Group Entries will not be accepted. Only one (1) individual may be considered to have produced and submitted the Entry. Only one (1) Facebook account per Entrant will be eligible to win. Any Entrant found to use multiple Facebook accounts will be disqualified. Further, Entrants must be a member of good standing with Facebook in order to participate in the Promotion. Subsequent attempts made by the same individual to submit multiple entries by using multiple Facebook accounts or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion, at Sponsor’s sole and absolute discretion. All materials submitted as part of any Facebook entry will not be returned. All entrants submitting materials as part of the Promotion will be non-exclusively licensing (with the unlimited right to sublicense) to Sponsor the right to use such materials, and the images related thereto, for any purpose (including any and all commercial purposes) with the right to modify the materials and make derivative works thereof. Entrants represent and warrant that the materials submitted will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Each entry submitted in this Promotion is referred to as an “Entry”.
Sponsor is are not responsible for any changes or unavailability of the Facebook service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use Facebook for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, in which case Sponsor, in its sole discretion, may terminate or modify the Promotion. In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered account holder of the e-mail address associated with the Facebook account for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria. A registered account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Any damage made to the Web Site or the Facebook service will be the responsibility of the registered account holder of the e-mail address for the Facebook account submitted at the time of entry.
6. Determination of Winners: Random drawings from all eligible entries received in accordance with these Official Rules will be conducted approximately on or about September 3rd, 2012. One (1) Potential Winner will be chosen by random drawing from all eligible entries received. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Promotion, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final.
Winners will be notified by email on or before September 3rd, 2012 at 9:00 AM CT and the winning entry will be posted on Gibson.com on or about September 6, 2012 after the selected winner has been verified . Prize shall be shipped to Winner from Gibson USA. All entries must be received by the Deadline to be eligible to win a prize.
Sponsor will make two (2) attempts to notify the potential Winner. Winner must respond within 24 hours of drawing or the prize winner will be disqualified, the prize will be forfeited, and an alternate potential winner may be selected at random.
The prize winner is solely responsible for all federal, state, and local taxes and other costs pertaining to the awarded prize.
If any Potential Prize Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the Potential Prize Winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
7. Technical Limitation of Liability: To the extent permitted by applicable law, neither Sponsor nor Facebook nor any of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, legal and financial advisors, any and all companies associated with this Promotion nor any of their respective officers, directors, shareholders, agents, licensees, licensors and employees, nor any Internet access providers (collectively “Released Parties”) (except where due to the negligence, breach of these Rules or other default of a Released Party) are responsible for incorrect or inaccurate entry of information, human error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failure of any telephone, computer or other network, computer equipment, software or any combination thereof, inability to access the Promotion Site or other sites, for problems uploading any Entries or downloading any Promotion-related materials from the Promotion Site, or for late Entries not received within the stipulated date and time, lost, damaged, misdirected, incorrect, incomplete, delayed, garbled, stolen or inaccurate Entries or for any other problems or errors related to the Promotion.
By entering their name into the Promotion, Entrants agree to be bound by these Official Promotion Rules and to release and hold harmless Gibson Guitar Corp. and its respective subsidiary or affiliated companies from and against any and all claims or actions of any kind, whether under contract, tort, or any other legal theory, and agree to indemnify Gibson against any liability or expense arising in connection with the foregoing. Gibson reserves the right to cancel, suspend or modify the Promotion or any part of it, within its sole discretion.
Except where prohibited by law, by entering the Promotion, Entrants also authorize Gibson to use their voice, likeness, photograph, video, biographical data, and city and state of residence, submission/entry and written or oral statements in promotional material without compensation. Entrant shall have no right of approval, no claim to compensation, and no claim (including without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alternation, or use in composite form of your name, picture likeness, address (city and state) email address, biographical information, or entry. The rights granted under this paragraph shall extend to Gibson and its affiliated companies with respect to all Entrants in the Promotion, including those Entrants who are selected as Winner and those Entrants who are not selected as Winner. Gibson is under no obligation to use the winning Entries for any purpose.
8. Privacy: As a condition of entering the Promotion, each Entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Promotion or on a Promotion winner’s list. The personal information you submit will only be used to contact you in the event you win the Promotion or if there is a question or issue regarding your entry. We will not disclose, give, sell or transfer any personal information about you, unless required for law enforcement or by statute.
Entrant understands that he or she is providing the Promotion’s requested information to Sponsor and not to Facebook.
9. Request for Winners: For the name of the Grand Prize Winners and/or Official Promotion Rules, please send a self-addressed stamped envelope to:
Gibson Guitar Corp:
Attn: Jason Davidson
470 Plus Park Blvd
Nashville, TN 37220
All requests for Official Promotion Rules must be made by November 30, 2012. The Winners list will be available until May 31, 2014. Residents of WA and VT may omit return postage
10. Collection of Information: The Entries include a survey that requires you to enter your legal name, e-mail address, and state of residence. By entering the Promotion, you consent to Sponsor’s use of this information to inform you of open positions with Gibson and to associate your name with your submission in promotional materials for the Promotion in the event that you are chosen to be a winner. As stated above, the Promotion is not open to anyone under the age of majority in your country of citizenship. In the event that Sponsor becomes aware that you are under the age of majority in your country of citizenship Sponsor will delete, erase or destroy any and all personally identifiable information that is obtained from the Entry Materials. In the event that you are a citizen of France and/or any of the other countries whose citizens are eligible for this Promotion, and pursuant to French law pertaining to data collection and processing, you are informed that the data collector is Gibson Guitar Corp. and the data collected will be transferred to the United States of America. Upon request, you will be provided with access to your personal data. You also have a right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to "Gibson Guitar Corp: Facebook May Guitar Giveaway Promotion,” c/o Gibson Guitar Corp, 309 Plus Park Blvd, Nashville, TN 37217. You may also withdraw your personal data upon request; however you will be disqualified as an Entrant in the Promotion if you withdraw your personal data prior to the determination and fulfillment of the prizes listed herein.
11. Sponsor: The “Nickelback Facebook Guitar Giveaway 2012” Promotion is sponsored by Gibson Guitar Corp., 309 Plus Park Boulevard, Nashville, TN 37217.
12. Disputes: Except where prohibited, Entrant agrees that; (1) any dispute regarding this Promotion shall be resolved individually, without resort to a class action, and exclusively in Tennessee; (2) any claims, awards, judgments shall be limited to actual out of pocket costs incurred, but in no event, attorneys fees; and (3) Entrant waives any punitive, incidental or consequential damages. The rules hereunder shall be interpreted under the laws of Tennessee, USA.
13. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the Web Site and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor and not to Facebook.
