Original Penguin Prize Package Contest Rules
ELIGIBILITY. VOID WHERE PROHIBITED. NO PURCHASE NECESSARY. The Sweepstakes is open to legal residents of the United States, 18 years of age or older. Employees, officers, directors, representatives, and immediate family members of Sponsors and their respective parent companies, affiliates and subsidiaries are not eligible to participate in this Sweepstakes. Any entrant who has won a prize from FLOOD within the last three (3) months will not be considered an eligible entrant. 2. HOW TO ENTER Entry by Computer. You may enter via computer by completing and submitting the information requested on the Sweepstakes page. All Internet entries must contain a valid e-mail address. All online entrants must have had Internet access by April 3, 2017. Entry by Mail. To enter by mail, send a stamped 3 x 5 card with your name, address and daytime telephone number, and email address to FLOOD Magazine c/o Neuehouse, 6121 Sunset Blvd, 5th Floor, Los Angeles, CA 90028. No copies, facsimiles or mechanical reproductions will be accepted. All mail-in entries must specify the sweepstakes being entered and must be postmarked by 11:59 p.m. Pacific Time April 3, 2017. Mail-in entries must be received by FLOOD by the close of business on April 17, 2017. Prize-winners will be selected from a random drawing held on or around April 17, 2017 from all eligible entries received. Sweepstakes promoters and/or Sponsors are not responsible for lost or stolen entries. ONLY ONE (1) ENTRY PER PERSON WILL BE ACCEPTED DURING THE ENTIRE SWEEPSTAKES. Sweepstakes entries will be disqualified, in the sole discretion of FLOOD, if attempts are made to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules. If the above occurs, FLOOD reserves the right to remedy any such action, disruption, or circumvention in a manner, determined solely by FLOOD, that is fair and equitable to Sweepstakes participants. 1. GRAND PRIZE One (1) ONE Gretsch Limited Edition Penguin Guitar. 2. Original Penguin $500 Gift Certificate 3. A One Year Flood Magazine Subscription Total of one (1) winners. Total Value: $5000 USD total. The Sweepstakes Prizes are not transferable or assignable and they are not redeemable for cash. All winners are responsible for the payment of any and all taxes and/or licenses and/or other related local, State, Federal fees that may apply to such winnings. Taxes on prizes are solely the responsibility of the winners. Sponsors reserve the right to replace the advertised prize(s) with a prize of equal or greater value if the advertised prize(s) is/are no longer available. Sponsors will not be responsible for replacing any lost or stolen elements of any prize package. All prizes will be awarded. Odds of winning depend on the number of eligible entries received, according to the eligibility requirements in these Sweepstakes. Winners will be selected by random drawing on or around April 3, 2017 from among all eligible entries received. Random drawings will be held under the supervision of FLOOD, whose decisions are final and binding. Winners will be notified by e-mail or telephone, which notification will be determined in the sole discretion of Sponsors. Winners will have up to two (2) business days from the date of attempted notification to respond to the notification. Sponsors are not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify winners. Unless prohibited by law, winners will be required to complete and return an affidavit of eligibility and a publicity/liability release within two (2) days of responding to the notification. Each winner may also be required to provide FLOOD with proof that he or she is the authorized account holder of the e-mail address associated with the winning entry. If a selected winner cannot be contacted, is ineligible, fails to claim a prize, or fails to return a completed and executed affidavit and release as required, an alternate winner may be selected. Except where prohibited by law, acceptance of any prize constitutes permission for Sponsors to use the winners names, photographs, likenesses, voices, addresses (only city and state), and testimonials, in print, broadcast, or new media, in perpetuity, in any manner they deem appropriate in connection with promoting this or any other sweepstakes and/or promotion sponsored by them without further compensation. 4. CONDITIONS By entering, participants agree to be bound by these complete Official Rules and the decisions of FLOOD, which shall be final. All federal, state, and local laws apply. Sponsors including FLOOD Magazine, Orignal Penguin and/or Gretsch/ Fender and their employees, officers, directors, shareholders, agents, and representatives and their parent companies, affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; (ii) failed, returned, or misdirected notifications based on inaccurate information provided by the winner on the Sweepstakes entry form; or (iii) telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; (iv) errors in transmission; (v) any condition caused by events beyond the control of FLOOD that may cause the Sweepstakes to be disrupted or corrupted; (vi) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from participation in the Sweepstakes; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes. Entries become the property of the Sponsor and will not be returned. FLOOD may prohibit you from participating in the Sweepstakes, if at the sole discretion of FLOOD, you repeatedly show a disregard for the, these Sweepstakes Official Rules, or act (1) in an unsportsmanlike manner; (2) with an intent to annoy, abuse, threaten, or harass any other player or a representative of any Sponsor; or (3) in any other disruptive manner. Computer entries will be deemed to have been submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Releases. By participating, entrants agree that the Sponsors, those involved in the development, production (including prize suppliers), implementation and distribution of this promotion and their respective parent companies, affiliates, subsidiaries, service providers, and agencies, and their directors, officers, agents, employees, attorneys, and any other person or entity associated with such entities and/or promotion shall not be liable for any and all claims, damages, losses or injuries, including any third party claims, arising from or relating to, in whole or in part, this Sweepstakes, including entry and participation is this Sweepstakes and acceptance, possession, use or misuse of the prizes. All entrants further agree that in the event of any third party claims, damages, losses or injuries, arising from or relating to this Sweepstakes, they will indemnify Sponsors from any and all such claims, including the attorneys’ fees related thereto. Sponsors shall not be liable for entries and winner notification responses that are delayed, lost, misdirected, mis-delivered, marked postage-due, illegible, mutilated, incorrect or incomplete, and such entries will be not be eligible for this Sweepstakes. The Sponsors shall not be responsible for any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any part of this Sweepstakes. Any person attempting to defraud or in any way tamper with this Sweepstakes will be ineligible for prizes and may be prosecuted to the full extent of the law. The Sponsors reserve the right, in their sole discretion, to cancel or suspend this Sweepstakes should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Sweepstakes. The Sponsors further reserve the right to modify the rules of the Sweepstakes in any way or at any time, as long as reasonable notice is given. This Sweepstakes shall be governed by California law. By participating in this contest, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Sweepstakes and that venue shall be only in Los Angeles, California. For an Official Winners List or a copy of these Official Rules, send a self-addressed, stamped envelope (WA and VT residents need not affix postage) FLOOD magazine c/o Neuehouse, 6121 Sunset Blvd, 5th Floor, Los Angeles, CA 90028. Replies will be sent after the completion of the Sweepstakes. Winners List requests must be received within six (6) months of completion of the Sweepstakes.