THE FENDER CHRISTMAS GIVEAWAY (DECEMBER 2019) 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 THE FENDER CHRISTMAS 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. 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 Here. 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 Here. The 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 :
Leo House
Birches Industrial Estate
East Grinstead
West Sussex
RH19 1QZ
United Kingdom
3. DURATION
The Promotion begins at the time of the Facebook post and ends exactly six days later. (“Term”).
4. ELIGIBILITY
Open only to persons with a minimum age of 18 years as of the date of entry, who are permanent legal residents of the European Union. The Promotion is subject to all applicable country laws, 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 by following the instructions posed in the Facebook post and replying on the wall of the same Facebook post. LIMIT: One (1) entry per person. 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 acknowledged other than to the winning entry. 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 Facebook post wall.
6. ELECTRONIC COMMUNICATIONS
By submitting your Promotion entry via the Facebook commenting process described above, 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 posting your entry to the Facebook wall constitutes consent to these Official Rules and 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 Facebook 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) prize winner will be selected by Sponsor six days after the original Facebook post (“Drawing”) to secure the winner.
The winner will be notified by Sponsor through the Facebook post wall and subsequent communication will initially be via Facebook Direct Message and then by e-mail as necessary. Failure to respond to prize notification given on the post wall by the potential winner within three (3) days of Sponsor posting the notification will result in forfeiture of the applicable prize and a new winner selected.
The winners’ artist name may also be requested from Sponsor by sending a self-addressed stamped envelope to Sponsor at the address below.
8. PRIZES
The prize is a Fender product of the entrant’s choice, as per the link they have submitted from the Fender website.
The prize is non-transferable, may not be substituted by the prize winner, and is not redeemable for cash. All taxes, fees, duties, surcharges, if any, associated with the redemption of the prize are the responsibility of the winner
9. PRIZE FULLFILLMENT/DELIVERY
Prize winners will be informed via the wall post and then via Facebook Message to discuss delivery of the 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 submitting your entry, you (i) give express written permission, as permitted by law, 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
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 to the Facebook post wall. 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. RELEASE OF LIABILITY
Each entrant, by entering the Promotion, and the winner, by accepting the 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 winner, the acceptance, use, misuse, possession, loss or misdirection of the applicable prize, unless prohibited by applicable law. The winner must sign a Certificate of Eligibility and Liability/Publicity Release prior to receiving the prize
14. 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 the 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.
15. 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.
16. REQUEST FOR WINNER’S DETAILS LIST
Send winner’s detail requests within 6 months after the end of the Term to: FENDER CHRISTMAS GIVEAWAY, Fender Musical Instruments EMEA ("Sponsor") located at:
Leo House
Birches Industrial Estate
East Grinstead
West Sussex
RH19 1QZ
United Kingdom