Music & Arts Back to Music Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. SWEEPSTAKES OPEN TO LEGAL RESIDENTS OF THE STATES OF AZ, CA, CO, DE, FL, GA, IL, KS, KY, LA, ME, MD, MA, MO, NV, NH, NJ, NY, NC, OH, PA, SC, TN, TX, UT, VT, VA, WA, WV, AND WI WHO ARE 18 YEARS OF AGE OR OLDER ON THE DATE OF ENTRY.
VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: The Music & Arts Back to Music Sweepstakes (the “Sweepstakes”) is open to all legal residents of Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Missouri, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin who are 18 years of age or older at the time of entry (the “Entrant”). Sweepstakes is void where restricted or prohibited by law. Employees of Music & Arts Center, Inc., a Division of Guitar Center Stores, Inc. (the “Sponsor”), its parent company, its affiliates, subsidiaries, authorized dealers, licensees, suppliers, prize providers, marketing partners, advertising and promotion agencies, Marden-Kane, Inc. (the “Administrator”), and the immediate families (spouse, parents, children, siblings and their respective spouses) and individuals living in the same household, whether related not, of the above, are not eligible to enter or win a prize. Sweepstakes is subject to all applicable federal, state and local laws.
PROMOTION PERIOD: The Sweepstakes begins on September 6, 2021 at 12:00:00 ET Eastern Time (“ET”) and ends on September 17, 2021 at 11:59:59 PM ET (the “Promotion Period”). Instagram Inc.’s, Facebook Inc’s, and Twitter Inc.’s computers are the official timekeepers for this Promotion.
- To Enter via Instagram:
- Log into your Instagram account. Your Instagram account must be set to public;
- Follow @MusicArtsFan;
- Post a photo that shows how your child heads “back to music” in style along with the #MusicArtsSweepstakes hashtag as well as tagging @MusicArtsFan.
- To Enter via Facebook:
- Log into your Facebook account. Your Facebook account must be set to public;
- Go to https://www.facebook.com/MusicArtsFan/;
- Look for the post about the Back to Music Sweepstakes; and
- As a comment to the post, post a photo that shows how your child heads “back to music” in style and include the #MusicArtsSweepstakes hashtag.
- To Enter via Twitter:
- Go to www.Twitter.com and log into your Twitter account. Your Twitter account must be set to public;
- You must follow @MusicArtsFan;
- Post a photo that shows how your child heads “back to music” in style along with the #MusicArtsSweepstakes hashtag as well as tagging @MusicArtsFan.
Regardless of method of entry, there is a limit of one (1) Entry per day throughout the Sweepstakes Period. By participating in the Sweepstakes, Entrants agree to be bound by these Official Rules. Entrants irrevocably grant to Sponsor, its affiliates, agents and licensees, the royalty-free right and permission to unconditionally reproduce, store, transmit, publish, display, use or reuse your name, photo, and prize information, as well as any other information or materials arising out of your participation in the Sweepstakes for advertising, promotional, commercial, publicity and/or any other purposes (without limitation), in any and all media now or hereafter known, in any language, throughout the world, where legally permissible, and in any manner without further review, notice, approval, consideration or compensation of Entrant unless prohibited by law. By participating, Entrants further release Sponsor from any future claims arising out of any use or disclosure of Entrants’ participation consistent with these Official Rules. By participating, Entrants acknowledge and agree that Entrants will not now or in the future be paid or compensated in any way for participation or for granting the Sponsor any of the rights set out in these Official Rules, whether chosen as a winner or not. Entrants further agree that Sponsor is not obligated to make use of any of the rights granted in these Official Rules.
Usage of Instagram may require a mobile device and therefore you may be charged for standard data rates according to the terms and conditions in your agreement with your wireless carrier. You agree to incur any and all charges demanded by your wireless carrier. You should also check your device's features for capabilities and check the device manual for specific use instructions.
The person submitting the Entry must be the authorized account holder of said Instagram, Facebook or Twitter account, otherwise the Entry may be deemed void. Multiple entrants are not permitted to share the same Instagram, Facebook or Twitter account. In the event of a dispute over the identity of a potential winner, the Entry will be declared made by the authorized account holder of the Instagram, Facebook or Twitter account used for Entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such Instagram, Facebook or Twitter account. The “authorized account holder” is the natural person assigned to the applicable Instagram, Facebook, and Twitter account by Instagram, Facebook or Twitter. Proof of submission of an Entry does not constitute proof of delivery of Entry. Multiple accounts may not be used, and anyone found to use multiple accounts to enter will be deemed ineligible.
Guidelines and Content Restrictions
- The Entry must not include any private information such as address, phone number or email address;
- The Entry must be in English and include the required hashtag;
- The Entry must only contain the Entrants child;
- The Entry must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, copyright, trademark, or other intellectual property rights;
- The Entry must not disparage or embarrass Sponsor, their respective owners and employees, or any other person or party affiliated with the Sweepstakes.
- The Entry must not contain material that is inappropriate, indecent, obscene hateful, tortious, defamatory, slanderous, or libelous;
- The Entry must not contain any materials relating to lotteries, gambling, tobacco, alcohol or drugs, pornography, adult-oriented content, or any other sexually explicit material;
- The Entry must not contain anything that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;
- The Entry must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where Entry is created; and
- Entry must not in any other way violate applicable federal, state, or local laws and regulations; and must be suitable for presentation in a public forum.
Entries submitted will not be judged. The winners will be selected via a random drawing as detailed below. If the Sponsor determines that the content of the Entry does not comply with the Guidelines and Content Restrictions, the Entry will not be eligible for any prize consideration and may be withdrawn without notice from the Sweepstakes at any time at the sole discretion of the Sponsor and/or Administrator.
PRIZES: Confirmed winners will receive one (1) month of free lessons (provided either online or in-store) and a $100 Music & Arts Gift Card. Approximate Retail Value (“ARV”): $330 each. Total ARV of all prizes offered in the Sweepstakes is $1,650. All prizes will be awarded provided a sufficient number of qualified eligible Entries are received.
PRIZE RESTRICTIONS: Gift Cards are subject to the terms and conditions specified by the issuer. No substitutions, cash equivalents, or transfer of prize permitted except at the sole discretion of the Sponsor, who reserves the right where lawful to substitute a prize with one of comparable or greater value. Prize may not be sold, bartered, or exchanged by winner. Prize consists of only those items specifically listed as part of the prize. Sponsor is not responsible for damage or loss of a prize after it has been delivered to a confirmed winner. Sponsor makes no warranties, and hereby disclaims any and all warranties, expressed or implied, concerning any prize furnished by third parties in connection with the Sweepstakes. At Sponsor’s sole discretion, prizes may vary from what has been advertised, pictured, etc. All details of prizes not specified herein shall be determined solely by Sponsor. All federal, state, and other tax liabilities arising from a prize are the sole responsibility of the prize winner. All Prizes will be fulfilled by the Administrator approximately 3 to 4 weeks following eligibility verification.
RANDOM DRAWING: Five (5) potential prize winners will be selected in a random drawing on or about September 21, 2021 from among all eligible Entries received in the Sweepstakes. The random drawing will be conducted by the Administrator, whose decisions are final and binding. Odds of winning depend upon the number of eligible entries received. Potential winner is subject to eligibility verification and compliance with these Official Rules. Limit of one (1) Prize per person, household.
WINNER NOTIFICATION AND CLEARANCE: Potential winners will be contacted via their applicable method of entry with instructions on how to claim their prize as follows: (i) Instagram via direct message from @MusicArtsFan, (ii) Facebook via notification from @MusicArtsFan or (iii) Twitter via notification from @MusicArtsFan. The required response to such direct message/notification (e.g., full name, mailing address, email address, etc.) must be received within two (2) business days from the time initial direct message or notification was sent or potential winner will be disqualified, and an alternate potential winner will be selected. Sponsor assumes no responsibility for undeliverable email or undeliverable direct message/notification resulting from any form of active or passive filtering by Instagram or Facebook or for insufficient space in user’s account to receive direct messages/notifications. The potential winners may be required to sign and return to Administrator a prize acceptance form including (where lawful) a publicity release for receipt by Administrator by the due date indicated in the notification correspondence. If any required documents are not returned within the number of days specified in the notification correspondence, or if any notification is returned as undeliverable, then the prize may be forfeited and an alternate potential winner may be selected at the Sponsor’s sole discretion, time permitting. Prize will be fulfilled by the Sponsor via regular mail within 2 to 3 weeks after verification.
CONDITIONS OF ENTRY: By participating, Entrants agree to comply with these Official Rules including all eligibility requirements. These Official Rules are accessible at https://www.musicarts.com/BackToMusicSweeps throughout the Promotion Period. Sponsor reserves the right to disqualify Entrants who violate these Official Rules or interferes with this Sweepstakes in any manner. Any attempt by any Entrant to obtain more than one (1) entry per Entry Period by using multiple/different email addresses, identities, registrations and logins, or any other method will void that Entrant’s Entries and that Entrant may be disqualified. Use of any automated entry software is prohibited. Electronically reproduced, illegible, incomplete or inaccurate Entries are void. In case of a dispute as to the owner of an online entry, online entry will be deemed to have been submitted by the authorized account holder of the account from which the entry is made. Sponsor, Administrator, prize providers, and their respective parent companies, affiliates, subsidiaries, divisions, advertising and Sweepstakes agencies, and all of their officers, directors, shareholders, employees, and agents (collectively “Released Parties”) are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or website, inability to submit the online registration form, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in this Sweepstakes, or for late, lost, stolen, illegible, misdirected or damaged mailed Entries. Entry materials that have been tampered with or altered are void. If, in the Administrators’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if technical difficulties compromise the integrity of the Sweepstakes, the Administrator reserves the right to void any Entries at issue and/or to suspend, modify, cancel or terminate this Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible Entries received as of the termination date.
Caution, any attempt by an Entrant or any other individual to deliberately damage any online service or website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies 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 or any other provision.
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: TO THE MAXIMIM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES, INSTAGRAM, FACEBOOK, OR TWITTER BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND/OR PARTICIPATING IN THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMIM EXTENT PERMITTED BY LAW, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
By entering the Sweepstakes, Entrants acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
DISPUTES; Governing Law; FORUM: Each entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in Los Angeles County, California; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, 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 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 entrant and the Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of California.
Severability: 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.
WINNER’S LIST: To receive the names of the prize winner’s send an email with the subject line: “Music & Arts Back to Music Sweepstakes” to firstname.lastname@example.org. Requests must be received by July 30, 2021.
SPONSOR: This Sweepstakes is sponsored by Music & Arts Center, Inc., a Division of Guitar Center Stores, Inc., 5795 Lindero Canyon Road, Westlake Village, California 91362.
ADMINISTRATOR: This Sweepstakes is being administered by Marden-Kane, Inc., 575 Underhill Blvd., Suite 222, Syosset, New York 11791 an independent judging organization, who is responsible for notifying potential winners and overseeing the awarding of the Prizes, and whose decisions regarding the conduct of this Sweepstakes are final and binding.
Instagram is a registered trademark of Instagram, Inc. Facebook is a registered trademark of Facebook, Inc. Twitter is a registered trademark of Twitter, Inc. This Sweepstakes is in no way sponsored, endorsed, or administered by, or in association with Instagram, Facebook or Twitter. Entrants understand that you are providing your information to Sponsor, and not to Instagram, Facebook or Twitter. Any questions, comments or complaints regarding the Sweepstakes are to be directed to Sponsor, at the address noted above, not Instagram, Facebook or Twitter.
© 2021 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.