BEST INK ELECTRIC GUITAR GIVEAWAY
March 27, 2013—May 29, 2013
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The BEST INK ELECTRIC GUITAR GIVEAWAY (“Sweepstakes”) will begin on March 27, 2013 at 5:01 PM ET and end on May 29, 2013 at 5:00 PM ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) U.S. or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include OxygenMedia Inc., 75 Ninth Avenue, New York, NY 10011, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: Sweepstakes will consist of nine (9) individual weekly drawings (each a “Weekly Drawing”). Each Weekly Drawing will consist of (i) an entry period (“Weekly Entry Period”) that will begin at 5:01 PM ET each Wednesday of the Sweepstakes Period (each a “Weekly Entry Period Start Time”), and will end at 5:00 PM ET on the follwing Wednesday (each a “Weekly Entry Period End Time”) as detailed in the chart below, and (ii) a random Weekly Drawing conducted on the weekly drawing date (“Weekly Drawing Date”) specified in the chart below from among all eligible Entries received during such Weekly Entry Period. Entries must be received before the end of the Weekly Entry Period to be eligible for the corresponding Weekly Drawing. There will be a total of nine (9) Winners (defined below) selected throughout the entire Sweepstakes Period.
There are two (2) ways to enter the Sweepstakes during the Sweepstakes Period: (1) via Twitter and (2) via Facebook.
Twitter account. Once you become a follower of @Best_Ink, you will be required to submit a "Tweet" ("Statement") of one hundred and forty (140) characters or less with the hashtag #BestInkSweeps and the @reply “@Best_Ink” (“Twitter Entry”). You must include #BestInkSweeps and “@Best_Ink” in your Twitter Entry or your Twitter Entry may not be valid. Statement will not affect your chances of winning.
2. To enter the Sweepstakes via Facebook during the Sweepstakes Period, you must “like” the Best Ink on the Oxygen Facebook page located at http://www.facebook.com/bestinkoxygen (the “Website”) to become a fan of the Website and to access the Sweepstakes tab. Then follow the provided instructions to complete and thereafter submit the entry form, which includes your name, email address and date of birth (“Facebook Entry” and together with Twitter Entry may be referred to herein as “Entry” or “Entries”).
Weekly Drawing Chart
Weekly Entry Period Start Time
Weekly Entry Period End Time
Weekly Drawing Date
3/27/13 at 5:01 PM ET
4/3/13 at 5:00 PM ET
4/3/13 at 5:01 PM ET
4/10/13 at 5:00 PM ET
4/10/13 at 5:01 PM ET
4/17/13 at 5:00 PM ET
4/17/13 at 5:01 PM ET
4/24/13 at 5:00 PM ET
4/24/13 at 5:01 PM ET
5/1/13 at 5:00 PM ET
5/1/13 at 5:01 PM ET
5/8/13 at 5:00PM ET
5/8/13 at 5:01 PM ET
5/15/13 at 5:00 PM ET
5/15/13 at 5:01 PM ET
5/22/13 at 5:00 PM ET
5/22/13 at 5:01 PM ET
5/29/13 at 5:00 PM ET
All Entries become the property of Sponsors and will not be acknowledged. You must have the permission of any person that you identify or otherwise refer to in your Statement. By entering the Sweepstakes, entrants grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Statement and to incorporate the Statement in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of the Statement will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Statement contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Statement does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Statement (and the related Entry) may be rejected as ineligible for consideration and/or deleted from https://twitter.com/Best_Ink (the “Best Ink Twitter Page”). Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Statement.
Entries must be received before May 29, 2013 at 5:00 PM ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Limit one (1) Entry per person/Twitter account, regardless of method, per Weekly Entry Period, for a maximum of nine (9) Entries per person/Twitter account for the entire the Sweepstakes Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s Twitter handle, name, city, state, likeness, image, Twitter or Facebook profile photos and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION:
On or about each Weekly Drawing Date, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the corresponding Weekly Entry Period. Sponsors will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of Entry or via direct message to potential Winner’s Twitter account in order to obtain potential Winner’s mailing address. If a potential Winner cannot be reached within forty eight (48) hours, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsors' sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries.
PRIZE: There will be nine (9) prizes (each a “Prize”) awarded; one (1) Prize will be awarded to each Winner. Each Prize will consist of the following: one (1) Squier guitar by Fender painted with an original design by a contestant of Best Ink 2. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.
Estimated Retail Value (“ERV”) of each Prize is one-hundred and seventy-nine dollars ($179). Total ERV of all Prizes is one thousand six hundred and eleven dollars ($1,611). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ERV and ARV will not be awarded.
All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Facebook, Fender, Sweepstakes Entities, and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name and/or Twitter user name on the Website and/or the Best Ink Twitter Page and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of 4
Entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winners, available after June 7, 2013, visit https://www.facebook.com/bestinkoxygen, or send a self-addressed, stamped envelope to be received by August 7, 2013 to: Best Ink Electric Guitar Sweepstakes, Attn: Matthew Muro, 75 Ninth Avenue, 8-100, New York, NY 10011 .
This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook or Fender. Entrants are providing information to Sponsors and not to Facebook or Fender.