ELIGIBILITY: To enter the Upgrade Your Band Room Sweepstakes 2023 (the “Sweepstakes” or “Promotion”), for a chance to win a Band Room makeover for your high school or middle school/junior high school, you must be:

• a music educator
• at least 18 years of age or older
• a legal resident of one of the fifty (50) United States (excluding Hawaii) or the District of Columbia (the “Eligibility Area”) and
• actively employed at a private or public high school or middle school/junior high school located in the Eligibility Area.

AGREEMENT TO THESE OFFICIAL RULES: Participation in this Sweepstakes constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions which are final and binding.

PROMOTION PERIOD: The Sweepstakes begins on October 2, 2023 at 12:00:00 AM Eastern Time (“ET”) and ends on October 27, 2023 at 11:59:59 PM ET (the “Promotion Period”). The Sponsor’s computer or that of its designee is the official timekeeping device for this Sweepstakes.

HOW TO ENTER: During the Promotion Period, visit www.musicarts.com/BandRoomSweeps and follow the instructions to complete the official entry form. You will be required to provide your contact information (the “Entrant”) as well as the name, address and phone number of the high school or middle school/junior high school you are employed at (a “Designated School”). You will also be required to answer a few questions about your school’s music program. As part of the Sweepstakes entry process, Entrants will be required to indicate that they have read, accept, and agree to be bound by these Official Rules. Limit one entry per person using only one (1) email address, and one (1) entry per Designated School throughout the Promotion Period. If you are employed as a music educator in multiple schools, you may only enter for one school. Entries received from any person or email address in excess of the stated limitation will be void.

Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. Entries are subject to the acceptance and acknowledgement of these Official Rules and any other applicable Terms of Services/Privacy Policy. The “authorized account holder” is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

Sponsor is not responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, illegible, mutilated, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. No automated entry devices and/or programs permitted. Incomplete or illegible entries are not eligible. All entries become the property of the Sponsor and will not be returned. Proof of submission will not be deemed to be proof of receipt by Sponsor.

RANDOM DRAWING: A random drawing will be conducted on or about October 30, 2023 to select winners from among all eligible entries received. The random drawing will be conducted by Marden-Kane, Inc., an independent judging organization whose decisions are final and binding on all matters relating to this Sweepstakes. The odds of winning a prize depend on the number of eligible entries received.

WINNER NOTIFICATION: The Entrant named on the potential winning entry will be contacted by the Administrator via email and/or phone, and will be required to return to the Administrator a completed Affidavit of Eligibility and Liability Release and, where legal, a Publicity Release along with an IRS Form W-9 to include the Designated School’s federal tax identification number that will be used solely for tax reporting purposes, as applicable (collectively, the “Documents”). The Documents must be returned to the Administrator by the date stated in the notification email or the prize will be forfeited, and an alternate winner will be selected. If the Entrant (i) cannot be contacted after a reasonable attempt has been made by the Administrator; or (ii) fails to return the completed Documents by the date stated in the notification; or (iii) if the Designated School refuses the prize; or (iv) the prize or prize notification is rejected or returned as undeliverable, then such potential winning Entrant/Designated School will be disqualified and forfeits all rights to be deemed a winner, and an alternate will be notified. Upon prize forfeiture, no compensation will be given. Only three (3) random drawings to select an alternate winner (if necessary) will be conducted, after which the applicable prize will remain unawarded. Administrator/Sponsor reserves the right to disqualify any potential winning entry/Entrant/Designated School at any time, in their sole discretion, in the event circumstances arise that would constitute a breach of these Official Rules or otherwise. Prize will only be awarded upon winner verification and final approval of Sponsor.

PRIZES: Prizes will be awarded directly to the Designated School named on the confirmed winning entry. Prizes will NOT be awarded to an individual Entrant/person.

• ONE (1) GRAND PRIZE: a Pearl brand music product package valued at up to $50,000.
• ONE (1) FIRST PRIZE: a Pearl brand music product package valued at up to $25,000.

CONDITIONS OF ENTRY: By participating, Entrants agree to comply with these Official Rules including all eligibility requirements. Sponsor reserves the right to disqualify Entrants who violate these Official Rules or interfere with this Sweepstakes in any manner. Any attempt by an Entrant to obtain more than the stated number of entries permitted herein by using multiple/different email addresses, identities, registrations and logins, or any other method will void that Entrant’s entries and the Entrant may be disqualified. Use of any automated entry software is prohibited. Electronically reproduced, illegible, incomplete or inaccurate entries are void. Acceptance of a prize constitutes permission for the Sponsor and its agencies to use Entrant’s and Designated School’s name and/or likeness for purposes of advertising and trade without further compensation, including a winners list, unless prohibited by law.

GENERAL: Sponsor, Administrator, Pearl Corporation, and their respective parent, affiliates, subsidiaries, divisions, advertising and promotion 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 entry 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 entries.

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.

LIMITATIONS OF LIABILITY: Entrant/prize recipient agree to release indemnify and hold harmless the Released Parties from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with participation in the Sweepstakes, or possession, acceptance and/or use or misuse of a prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Sponsor reserves the right to cancel or modify the Sweepstakes if it cannot be executed as planned for any reason or event beyond Sponsor’s control, including but not limited to a force majeure event or occurrence, an “act of God” (e.g., natural disaster, etc.) or an unforeseeable health event (e.g., pandemic) making it inadvisable, impractical, impossible or illegal or which materially affects a party’s ability to perform its obligations under this agreement in whole or in part, or if fraud, technical failures, human error or any other causes beyond the reasonable control of the Sponsor impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. If terminated, Sponsor may, at its discretion, award prizes in a random drawing from among all non-suspect, eligible entries received up to the time of termination. In no event will more than the stated number of prizes be awarded.

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES: TO THE MAXIMIM 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 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.

Accordingly, by entering the Sweepstakes and/or accepting a prize, Entrants/Designated School (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 the Entrant) hereby waive and relinquish any right or benefit which Entrant, Designated School, a 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, Sweepstakes, and applicable privacy policy.

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.

PUBLICITY. By participating, where permitted by law, Entrant and Designated School agree to the use of their personal information in accordance with Sponsor’s privacy policy, Entrant/Designated School, by accepting a prize, consent to the use of their 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.

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.

WHO WON? The names of winners will be announced at www.musicarts.com/BandRoomSweeps on or about November 3, 2023, or after all winners have been verified.