TEACHER APPRECIATION WEEK

"NOMINATE A COLLEAGUE"

PRESENTED BY MUSIC & ARTS, a division of Guitar Center Stores, Inc.

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN

"Nominate a Colleague" (the "Contest”), is a nomination-based program presented by Music & Arts, a division of Guitar Center Stores, Inc. (the “Sponsor”) that gives you an opportunity to acknowledge your colleagues for the great work they do. As evidence of the commitment to music education, the Sponsor will award a gift card to seventy (70) music teachers that are nominated. Eligible individuals ("Nominees") may be nominated by completing an online nomination form. The person who submits a nomination form will be referred to herein as the "Nominator." You may not nominate yourself. All nominations are subject to the conditions and limitations on eligibility set forth in these Official Rules.

  1. TIMING. Open submission to the Contest begins May 1, 2023 and ends on May 5, 2023 at 11:59:59 PM ET (“Entry Period”). The Sponsor’s computer or that of its designee is the official timekeeping device for this Contest.

  2. ELIGIBILITY.
    • Nominators must be at least 18 years of age and a resident of the United States.
    • Nominees must be music educators, a legal resident of the 50 United States, the District of Columbia, Puerto Rico or the U.S. Virgin Islands, and must be age of majority in their jurisdiction of residence (21 in MS and Puerto Rico, 19 in AL and NE, and 18 in all other States and territories).
    • Employees of the Sponsor, Music and Arts, a division of Guitar Center Stores, Inc., their affiliates, parents, subsidiaries, advertising, promotion and internet agencies (collectively "Released Parties") and their immediate family members and/or those living in the same household of each (whether related or not) are not eligible. Individuals who are under any obligation, contractual or otherwise, that would prohibit them from accepting a prize are not eligible. Nominees must comply with any employer rules or requirements, if applicable, regarding participation.
    • Void where prohibited by law. Contest is subject to all applicable federal, state and local laws and regulations.

  3. AGREEMENT TO THESE OFFICIAL RULES: Participation in this Contest by a Nominator or Nominee constitutes their full and unconditional agreement to these Official Rules and Sponsor’s decisions which are final and binding in all matters related to this Contest.

  4. HOW TO ENTER: During the Entry Period, click on the “Nominate a Colleague” link in the email you received from Music & Arts, a division of Guitar Center Stores, Inc. or visit https://bepartofthemusic.org/taw (the “Website”) and follow the instructions to complete the online nomination form. You will need to provide the requested information about your Nominee and select the prize that you would like your Nominee to win (what you think they will enjoy the most). Then, in the space provided, tell us why you feel your fellow music educator is a special teacher (collectively an “Entry”). Entries must be received by 11:59:59 PM PT and must meet the Conditions of Entry set forth herein.

    Conditions of Entry:

    • Nominator must have obtained appropriate consent from the Nominee for use of the Nominee’s name and email address.
    • Entry must be in English.
    • There is no limit on the number of Entries a Nominator can submit during the Entry Period, however, each Entry must be for a different Nominee.
    • Content submitted cannot contain any material that may, in the sole judgment of the Sponsor, infringe on the intellectual property rights of any third party, including but not limited to copyrights or trademarks owned by others.
    • Entry cannot communicate messages inconsistent with the messages, policies, and/or goodwill with which the Sponsor wishes to associate, as determined in the sole discretion of the Sponsor.
    • Entry cannot contain material or any element that is unlawful, or otherwise violate any applicable federal, state, and/or local laws, rules, and regulations.
    • Entry must be suitable for presentation in a public forum.
    • Entry must not contain confidential or proprietary information.
    • By entering, Nominators certify that their Entry is their own original work and that they hold all rights to the submission, that their Entry has not won a previous prize or award and acknowledge compliance with these Official Rules including all eligibility requirements.

    Any Entry not submitted in accordance with the instructions provided herein shall not be considered for the Contest, and the Released Parties shall bear no responsibility for any such invalid/incomplete entries.

  5. PRIZES. The prize awarded to each confirmed prize winner will be determined based on the prize selection made by the Nominator at time of entry.

    #1 – (10) New Chairs – awarded in the form of a $100 Visa gift card

    #2 – (10) Office speakers – awarded in the form of a $100 Visa gift card

    #3 – (50) A Night Out – awarded in the form of a $100 Visa gift card

    #4 – (40) A $250 Music & Arts Gift card

    #5 – (10) A $1,000 check from Guitar Center Music Foundation

    Limit one prize per Nominee. No transfer or substitution of a prize by winner permitted. Sponsor reserves the right to substitute a prize of equal or greater value, at its sole discretion. Gift cards are not redeemable for cash and are subject to all terms and conditions of the issuer. Winners will be solely responsible for any applicable federal, state, and local taxes and any other expenses related to the acceptance and use of a prize not specified. Prizes are not transferrable.

  6. WINNER DETERMINATION. Entries submitted into each prize category will be evaluated and judged by representatives of Music & Arts, a division of Guitar Center Stores, Inc., to determine winners. Entries will be judged based on the following criteria: (A) demonstrates the ability to challenge and motivate students; (B) has a positive and lasting impact on students, parents and peers; and (C) demonstrates creativity and enthusiasm.

    In the event of a tie, the judges will re-evaluate the tied Entries based on the judging criteria to break the tie. Sponsor reserves the right to select fewer than the stated number of winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified submissions. The Judges' decisions are final and binding.

  7. WINNER NOTIFICATION. Prize award is subject to eligibility verification. Potential winners will be notified via email by Music and Arts, a division of Guitar Center Stores, Inc. with instructions on how to claim a prize. Failure to respond to a winner notification or properly complete and return any required information within the stated period, or if a potential winner declines a prize, then such Entry will be disqualified, and the next highest scoring Entry for that prize will be contacted. Sponsor reserves the right to disqualify any Entry/potential winner at any time, in their sole discretion, in the event circumstances arise that would constitute a breach of these Official Rules or otherwise.

  8. GENERAL. Sponsor reserves the right to extend, modify or cancel the Contest if for any reason, the Contest is undermined by any event beyond the Sponsor’s control, including but not limited to fire, flood, epidemic/pandemic, labor dispute or strike, act of God or public enemy, or any force majeure event or if fraud, misconduct or technical failures destroy the integrity of the program; or if a computer virus, bug, or other technical problem corrupts the administration or security of the program as determined by Sponsor/it’s agencies, in their sole discretion. In the event the Contest is cancelled, Sponsor reserves the right to award prizes from among all eligible non-suspect Entries received prior to the time of the action or event warranting such cancellation.

  9. RELEASES. By participating, where permitted by law, Nominator and Nominee (a) agree to the use of your personal information in accordance with Sponsor’s privacy policy, located https://www.musicarts.com/cms/privacy-policy; (b) consent to the use of personal information for verification of Nominee’s eligibility to participate in the Contest and for the purpose of contacting potential winners. The Sponsor will not share this information with third parties (other than the Sponsor's agents, as applicable); (c) Nominee, by accepting a prize, consents to the use of his/her name, photograph, voice, videotape, and likeness for purposes of advertising and publicity in all media worldwide, including a winners list or other online winner announcement, without further compensation or notice; Sponsor reserves the right to use any Entry or response or comment made by a participant, in whole or in part, in any and all media now known or hereafter discovered without further compensation nor notice; (d) waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to participate in the Contest; and (e) agree to release, discharge and hold harmless Released Parties from and against any and all liability, loss, injuries or damages associated with participation in this Contest or the acceptance, possession, use or misuse of any prize received, or for any claims based on publicity rights, defamation or invasion of privacy.

    By entering the Contest, participants 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.

    Accordingly, by entering the Contest, participants (on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of a participant) hereby waive and relinquish any right or benefit which participant, designated agent or such persons has, have or may have against Sponsor and the other Released Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Website, Contest, and applicable privacy policy.

  10. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES 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 CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMIM EXTENT PERMITTED BY LAW, THIS CONTEST 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.

    Persons who tamper with or abuse any aspect of the Contest or Website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void.

  11. DISPUTES; GOVERNING LAW; FORUM: Participants agree that (1) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, 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 Contest, 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 Contest 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.

  12. 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.

  13. WHO WON? The names of winners will be announced via email beginning May 8, 2023. Winners will also be posted on the Be Part of the Music Dashboard (www.bepartofthemusic.org/dashboard) on or about May 8, 2023, or after all winners have been verified.

  14. SPONSOR. This Contest is sponsored by Music & Arts, a division of Guitar Center Stores, Inc., 5295 Westview Drive, Suite 300, Frederick, Maryland, 21703.

Visa is not a Sponsor or Participant in this Contest, and no association or endorsement is implied.