pjj1805found 2 days, 2 hours ago / ends 7 February 2013Product: the American Special Stratocaster Period: OnceAvailability: BothLOGIN / REGISTEREnter now to win the American Special Stratocaster that was featured in our short film A Strat is Born, which took viewers on a high-speed ride through the creation of a Fender guitar.
This contest offers an extremely rare opportunity for the grand-prize winner to not only take home a well-crafted American-made guitar, but to also own a unique Fender keepsake.
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OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE INDICATED BELOW, AND/OR WHERE PROHIBITED BY LAW.
1. BINDING AGREEMENT. BY ENTERING INTO THE FENDER STRAT IS BORN GUITAR GIVEAWAY (“PROMOTION”) OUTLINED BELOW, YOU ARE ENTERING INTO AN ELECTRONIC CONTRACT WITH FENDER MUSICAL INSTRUMENT CORPORATION TO BE BOUND BY THESE OFFICIAL RULES GOVERNING THE PROMOTION. THEREFORE, PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE PROCEEDING. In addition, by entering, you are agreeing to the terms that are applicable to the use of the website for the Promotion, located at fender.com (“Website”). Therefore, please read the Terms & Conditions of Use governing use of this Website. For more information about Sponsor's Terms and Conditions of Use, click http://fender.com/legal/terms_of_use.php. Furthermore, you are agreeing to use of certain of your personal information by Sponsor as set forth in the Privacy Policy. For more information about Sponsor's Privacy Policy, click http://fender.com/legal/privacy_policy.php. Sponsor encourages you to print and keep a copy of these Official Rules for your records.
2. SPONSOR. The Promotion is made available to you by Fender Musical Instrument Corporation ("Sponsor") located at 17600 N. Perimeter Drive, Ste. 100, Scottsdale, AZ 85255 United States.
3. DURATION. The Promotion begins on December 27, 2012 at 12:00:01 AM PST (8:00:01 AM GMT) and ends on February 7, 2013 at 11:59:59 PM PST (7:59:59 AM GMT) (“Term”).
4. ELIGIBILITY. Open only to persons who have reached the age of majority in their state or country of residence, with a minimum age of 18 years as of the date of entry, who are permanent legal residents of the following countries (and who are physically located therein): Argentina, Canada, Chile, China, Colombia, Denmark, Finland, Germany, India, Israel, Japan, Mexico, Netherlands, New Zealand, Norway, Philippines, Peru, Republic of Ireland, South Korea, Spain, Sweden, Taiwan, Thailand, the United Kingdom, United States (excluding Rhode Island, United States territories, possessions, or military bases), Venezuela, and Vietnam. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited, taxed, or restricted by law. Employees of Sponsor or any of its subsidiaries, affiliates, or agencies, or members of their immediate families, or persons living in same household of each, are not eligible to enter or win.
5. ENTRY. Entries must be submitted online via the Website during the Term. To enter online, participants must visit the Website during the Term and provide first and last name, email address, date of birth, postal code and telephone number. LIMIT: One (1) entry per person. Online entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of registration. No entries may be submitted on behalf of another person. The use of automatic or robotic entry devices is strictly prohibited. Entries will not be returned or acknowledged. All entries are the property of Sponsor. By participating, you represent and warrant that the information that you supply at the time of entry is true, accurate, current and complete. Sponsor reserves the right to verify the authenticity and accuracy of all information provided through the Website.
6. ELECTRONIC COMMUNICATIONS. By submitting your Promotion entry via the Website and accepting the terms on the entry form, you agree to communicate for the purpose of this promotional competition with Sponsor electronically. By agreeing to do business electronically, you (i) consent to the transfer of your personal data to the United States of America to be stored on the Sponsor’s servers there, (ii) consent, subject to Sponsor’s Privacy Policy and Rule 10 below, to the electronic communication and delivery via e-mail of all documents related to the Promotion and Sponsor’s marketing of musical instruments and related products and services, (iii) agree that your act of clicking your consent to these Official Rules is a binding form of your electronic signature, which you agree binds you to these Official Rules, (iv) represent that you have Internet access and a valid e-mail address enabling you access to the Website and to receive communications and documents electronically, and (v) represent that you have a printer or other device to print or otherwise save communications and documents including, without limitation, these Official Rules and that you have, in fact, printed or otherwise saved a copy of these Official Rules for your records. This consent is effective unless and until you withdraw it. You may withdraw your consent to electronic communication and delivery of documents, update your contact information, or request a free paper copy of these Official Rules at any time by contacting us as set forth below. We will send you a confirmation notice once we have processed your change request.
7. WINNER SELECTION. One (1) grand prize winner will be randomly selected by Sponsor from all eligible entries on or before February 14, 2013 (“Drawing”) at Fender’s office in Scottsdale, Arizona. Odds of winning depend upon the total number of eligible entries received. The potential winners will be notified by Sponsor by e-mail or—in case you have provided us with your telephone number—by phone. Undeliverable e-mail notification or failure to respond to prize notification given by phone by the potential winner within seven (7) days of Sponsor sending such e-mail or making such phone call will result in forfeiture of the applicable prize. For notification by telephone, notice shall be deemed provided on the date that the Sponsor first calls the potential winner, or on the date that the Sponsor leaves the potential winner a voice mail message. Sponsor will attempt to award the prize within thirty (30) days of the Drawing. Any prize awarded may be forfeited if potential winner fails to comply with these Official Rules or the provisions governing delivery of the prize as they are set forth in the prize notification. In the event of prize forfeiture by a potential winner, Sponsor will select an alternative potential winner via another random Drawing from among all eligible entries to receive the selected prize. Any entrant who is a Canadian resident and who is selected as a potential winner must first meet special requirements under Canadian law before being designated a winner, including correctly answering a time-based, mathematical skill-testing question administered by Sponsor (or Sponsor's designated agent) without mechanical or electronic assistance. Failure to comply with such requirements, as determined by Sponsor in its sole discretion, will render entrant ineligible for winning and another entry shall be drawn. The prizes awarded and winners’ names and countries will be posted on fender.com and Fender’s social media websites, and also may be requested from Sponsor by sending a self-addressed stamped envelope to Sponsor at the address below.
8. PRIZES. The first name selected in the Drawing will be deemed to be the potential prize winner of the American Special Stratocaster shown in the Strat is Born film. (The MSRP is $1249.99 USD/approximately 963.60 Euros, available rate at rates: 2012-11-26 12:00 UTC. Actual cost may vary. Prizes are non-transferable, may not be substituted by the prize winner, and are not redeemable for cash. All taxes, fees, duties, surcharges, if any, associated with the redemption of the prize are the responsibility of the winner. Sponsor reserves the right to substitute a prize of equal or greater value for adequate reason to be decided in the sole discretion of the Sponsor.
9. PRIZE FULLFILLMENT/DELIVERY. Prize winner will have their prize delivered to them by Sponsor, at Sponsor’s expense, within thirty (30) days of the Drawing or the winner being notified of winning (whichever is later). Upon notification, winner will be asked to designate, and confirm a physical address where Sponsor can deliver Prize.
10. DISCLAIMERS. Sponsor assumes no responsibility and is not liable for entries that are late, delayed, misdirected, illegible, or incomplete, and Sponsor assumes no responsibility and is not liable for system errors and failures, mechanical equipment malfunctions, viruses, hacker attacks, faulty transmissions, or other telecommunications malfunctions. Proof of transmissions does not constitute proof of entry. By entering this Promotion, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsor.
11. PRIVACY. Sponsor respects your privacy. Personal data of participants is gathered and processed in accordance with the applicable data protection laws. By clicking on “I ACCEPT” in respect of these Official Rules and submitting your entry, you (i) give express written permission, as contemplated in the Electronic Communications and Transactions Act No. 25 of 2002, to the use and storage of your personal information pursuant to these terms and Sponsor’s Privacy Policy; and (ii) are registering to receive electronic communications via e-mail from Sponsor relating to the Promotion and the marketing of musical instruments and related products and services of Sponsor. To learn more about how Sponsor treats your information, you may access and view the Privacy Policy at http://fender.com/legal/privacy_policy.php.
Personal information may be used to: (a) contact participants regarding the Promotion; and (b) if a participant selects to receive additional information, to send additional information to that participant. Pursuant to applicable laws pertaining to data collection and processing, you may have a right of access to, consultation, modification and withdrawal of your personal data. You also have the right of opposition to the data collection, under certain circumstances. To exercise such right, you may write to the Sponsor. The data controller, and the recipient of your personal data, is the Sponsor. Your personal data will be stored on servers located in the US monitored by the Sponsor.
12. RIGHT TO CANCEL OR TERMINATE. If, for any reason, the Promotion is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, corruption, hacker attacks, faulty transmissions, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. And, in such an instance, Sponsor may, in its sole discretion, decide to award the prizes by random drawing of all eligible entries if it is able to do so fairly. If Sponsor chooses to exercise such right, Sponsor will notify all entrants by posting a conspicuous notice on the Website. Entry into the Promotion constitutes agreement to this provision. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
13. PERMISSION TO USE NAME/LIKENESS. Any prize winner, by submitting an entry, grants permission to have his or her name, city, photograph and/or likeness used worldwide in any manner the Sponsor may deem appropriate for advertising, trade and/or promotional purposes related to the Promotion without additional compensation or right of review, including without limitation, posting the winners’ names on any Sponsor website unless prohibited by law. A potential prize winner will be required to sign a release to permit such use, unless prohibited by law.
14. RELEASE OF LIABILITY. Each entrant, by entering the Promotion, and the winners, by accepting any prize, release the Sponsor, and Sponsor's subsidiaries, affiliates, agencies, directors, officers, agents and employees from any and all liability, claims or actions of any kind whatsoever for any damage, loss or injury (excluding death or personal injury caused by negligence) resulting from or arising out of participation in this Promotion, and, as to the winners, the acceptance, use, misuse, possession, loss or misdirection of the applicable prize, unless prohibited by applicable law. The winners must sign a Certificate of Eligibility and Liability/Publicity Release prior to receiving the prize, unless prohibited by law.
15. CONDUCT. By participating, you agree to comply with and be bound by these Official Rules. Failure to comply with these Official Rules may result in disqualification or ineligibility to receive a prize. You further agree to comply with and be bound by decisions of Sponsor, which shall be final in all respects. Sponsor reserves the right at its sole reasonable discretion to disqualify any individual it finds to be: (a) tampering or attempting to tamper with the operation of the Promotion and/or the Website; (b) violating these Official Rules; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.
16. DISCLAIMER. UNLESS PROHIBITED BY APPLICABLE LAW, THE PRIZE WILL BE AWARDED AS IS AND SPONSOR (TOGETHER WITH ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PRIZE.
17. REQUEST FOR WINNERS LIST. Send winner lists requests within 6 months after the end of the Term to: THE FENDER STRAT IS BORN GUITAR GIVEAWAY, Fender Musical Instrument Corporation ("Sponsor") located at 17600 N. Perimeter Drive, Ste. 100, Scottsdale, AZ 85255 United States.
18. GOVERNING LAW. The Promotion is governed by the laws of the State of Arizona. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Maricopa County, Arizona for the resolution of any disputes.
19. ARBITRATION. By participating, you agree that exclusive jurisdiction for any dispute, claim, or demand related in any way to the Promotion will be decided by binding arbitration. All disputes between you and Sponsor, of whatsoever kind or nature arising out of these Official Rules, shall be submitted to Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in the Phoenix, Arizona, USA area, before one arbitrator to be mutually agreed upon by both parties. The parties agree to share equally in the arbitration costs incurred.
20. SPECIAL NOTICES FOR ENTRANTS IN DESIGNATED COUNTRIES/REGIONS.
ARGENTINA. The data holder may request the removal or blocking of all or part of his data from the database by sending an email to webmaster@fender.com.
DENMARK: Sponsor must pay 17.5% of the prize value and must report the award of the prize no later than fourteen (14) days from the date of publication of the winner.
GERMANY. The statutory liability of Sponsor for damages arising out of the participation in the Promotion shall be limited to the amount of damages typically foreseeable at the time of agreeing to these Official Rules in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfillment of which enables the proper performance of this promotion, the breach of which endangers the purpose of these Official Rules and on the fulfillment of which participants in this promotion regularly rely). Sponsor shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. The aforesaid limitation shall also apply to promotion and advertising agencies of the Sponsor involved in the promotion, and all respective officers, directors, employees, representatives and agents of each. The aforesaid limitations of liability shall, however, not apply to liability for assuming a specific guarantee or liability for damages caused by willful or grossly negligent misconduct, or any kind of willfully or negligently caused injuries to life, body or health.
SPAIN: The Official Spanish Lottery will require a tax equivalent to ten per cent (10%) of the prize ARV.
SWEDEN. Entrants must complete a skill-based component to be eligible for the Promotion, in addition to other eligibility requirements herein. Entries not meeting this requirement will be void.
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