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Godsmack Contest Terms and Conditions

ENTER TO WIN AN EPIPHONE LES PAUL STANDARD ELECTRIC GUITAR SIGNED BY GODSMACK

Deadline: May 14, 2012



Please read these Official Rules before entering the CINDER BLOCK GODSMACK GUITAR GIVEAWAY.  The “Sponsor” of the Giveaway is Cinder Block, LLC (“Company”, “we”, “our”, or “us”).  By submitting an entry, entrants (and their parents or legal guardians if the entrant is under 18 or a minor in the jurisdiction in which that the entrant resides) (“you” or “your”) acknowledge that you are eligible to enter the Giveaway and have read and agree to be bound by these Official Rules and Company’s and Company’s judges decisions related to the Giveaway.


1. Eligibility and Limitations.  You are eligible to enter the Giveaway if you are at least 13 years old at time of entry and a legal resident of the United States (the 50 states and D.C.). If you are considered a minor in your jurisdiction, you must have the permission of a parent (or both parents where required by law) or legal guardian to enter the Giveaway. If you are not of the legal majority in the jurisdiction in which you reside, your parent or legal guardian must sign a release on behalf of the minor to be eligible to receive a prize and will be responsible for fulfilling all of the requirements set forth in these Official Rules, but Company reserves the right to refuse to award a prize to or on behalf of any minor.  You are not eligible to enter the Giveaway if you are an individual (including but not limited to employees, consultants, independent contractors, and interns) who has, within the past six (6) months, performed services for Company or any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Giveaway or supplying the prize, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals. For purposes hereof, “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, spouses, domestic partners, grandparents and grandchildren. “Household members” shall mean people who share the same residence at least three (3) months in one calendar year.


2. How to Enter.  No purchase is necessary to participate in the Giveaway. To enter, you must submit the following information on a plain 8½” by 11” piece of paper: entrant’s name, address, phone number, and a valid email address. Entries must be mailed to Cinder Block GODSMACK Guitar Giveaway, c/o Cinder Block, LLC, 7677 Oakport Street, Suite 1140, Oakland, CA 94621.  All Giveaway entries become the property of Company and will not be returned and may be used by Company for any purpose and in any media in perpetuity.  All entries must include the entrant’s name, address, and valid email address. The Giveaway will begin on or about April 24, 2012, and all entries must be received on or before May 14, 2012. The first and last name provided by each entrant will be the identity of the entrant and, if selected for a prize, the identity of the winner.  No copies, facsimiles or mechanical reproductions of entries will be accepted.  Company expressly reserves the right to disqualify any entries that Company believes in good-faith are generated by a so-called spam or automated e-mail program or via scripts and automated submission.  There is a limit of one (1) entry per person and/or per family or household.  Duplicate entries will be void.  All entrants agree to abide by these Official Rules.


3. Prizes.  One (1) grand prize winner will receive one (1) Epiphone Les Paul Standard Electric Guitar Signed by Godsmack.  The approximate total value of the grand prize is Four Hundred Ninety-nine U.S. Dollars (USD $499.00).  There are no other prizes.  You may not substitute, exchange, transfer or redeem your prize for cash.  Company reserves the right to substitute a prize (or portion of a prize) with anything of comparable or greater value. Company awards all prizes “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.  Any valuation of the prize stated above is based on available information provided to Company, and the value of any prize awarded to the winner may be reported for tax purposes as required by law.  The winner is solely responsible for reporting and paying any and all applicable taxes related to the prize and paying any expenses associated with the prize which are not specifically provided for in the Official Rules.  The winner must provide the Company with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded.  The winner is responsible for ensuring that any tax documentation submitted to Company complies with all applicable tax laws and requirements. If you fail to provide the documentation or submit incomplete documentation, the prize may be forfeited and Company may, in Company’s sole discretion, select an alternate winner. Any person winning over Six Hundred Dollars ($600) in prizes from the Company will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.


4. Finalist Selection, Notification and Requirements.  A random drawing will take place on or about May 15, 2012. The number of eligible entries received determines the odds of winning.  All drawings will be conducted under the supervision of Company.  The decisions of Company are final and binding in all matters relating to this Giveaway.  The winner will be notified by telephone, mail and/or email by no later than May 31, 2012.  Company reserves the right to determine the method of notification.  The winner must claim their prize within three (3) business days after the date of notification of such prize. A Giveaway winner’s failure to respond to the prize notification within the specified three (3) business days will be considered such Giveaway winner’s forfeiture of the prize and an alternate winner may be selected from the pool of eligible entries.  If an entrant cannot be contacted or is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Company reserves the right to ship prizes directly to the mailing address provided by winners during their entry to the Giveaway.  If you are selected as the potential winner, you will be required to sign and return an Affidavit of Eligibility, Release & Indemnification Agreement (“Affidavit and Release”). If you do not return the required documents to Company within five (5) business days of receiving the Affidavit and Release, you will be disqualified from the Giveaway.  If notification to the alternate winner is returned as undeliverable, Company may invite the next eligible alternate winner from among the entrants, and so on.  If you are under 18 or a minor in the jurisdiction in which you reside at the time a prize is awarded, the prize will be awarded to you only after the your parent or legal guardian signs the Affidavit and Release and any other documentation that may be required for you to claim a prize. Prior to awarding a prize, Company may require you to sign additional documents Company believes are necessary to confirm your eligibility, to obtain a liability and publicity release, and to award any prize.  All prizes must be redeemed from Company within thirty (30) days of the Giveaway’ end date unless otherwise stated herein.


5. Collection of Personal Information/Use.  Company is collecting personal information primarily to process Giveaway entries, to contact you if necessary, or for marketing and other purposes.  By entering the Giveaway you agree that your registration and any other information collected in connection with the Giveaway (including any mobile phone information collected in connection with your registration for the promotion) may be used by Company  in accordance with Company’s privacy policy available at http://store.cinderblock.com/privacy and may be shared with Company’s affiliated business entities or other third parties that have a need to know the information (such as third parties that Company retains to assist in administering the Giveaway), and that you automatically opt-in to receive email, text messages or other communications from Company. You may subsequently opt-out of the receipt of such email or communications by following the directions in the email, communications or by contacting Company directly.  Please do not submit an entry if you do not agree to these terms or to Company’s privacy policy available at http://store.cinderblock.com/privacy .


6. Additional Terms.  The Giveaway and all accompanying materials are owned by Company. All rights reserved. The Giveaway is void outside the eligible entry jurisdictions and where prohibited by law. You agree that Company’s decisions related to the Giveaway are final and binding in all matters.  Company reserves the right, to the maximum extent permitted by law, in Company’s sole discretion, to change or waive any of these rules or cancel the Giveaway at any time.  Company may also modify, terminate or suspend the Giveaway if any viruses, worms, bugs, unauthorized human intervention, human error, any mechanical malfunctions or failures of any kind, intentional interference or any other event beyond the control of Company corrupts or impairs the administration, security, or fairness of the Giveaway or submission of entries.  You agree that Company and Company’s respective parents, affiliates, subsidiaries and advertising and promotion agencies, along with any officers, directors, agents, employees and representatives of any of them (collectively, “Released Parties”) are not responsible for: (a) any human or other error that may occur in the processing of the entries; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction, or unauthorized access to or alteration of entries; (c) any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method; (d) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize; or (e) technical, network, telephone, computer, hardware or software, malfunctions of any kind, which may occur in connection with this Giveaway, including, without limitation, any errors or problems related to the administration of the Giveaway, the processing or judging of entries, the announcement of the prizes, or the Giveaway-related materials. Released Parties are also not responsible for: (y) inaccurate transmission of, or failure to receive, any entry information on account of technical problems or traffic congestion on the Internet or at any website; and (z) injury or damage to you or any other computer resulting from downloading any materials in connection with the Giveaway. Company reserves the right, in Company’s sole discretion, to disqualify any individual found to be tampering with the entry process, the outcome of the Giveaway, or the operation of the Giveaway; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten, or harass any other person and void all associated entries.  Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Giveaway and Company’s decisions concerning such disputes shall be final.  Any attempt by any individual to deliberately damage any website or undermine the legitimate operation of the Giveaway may be a violation of criminal and civil laws, and if such an attempt is made, company reserves the right to seek damages or other relief (including attorneys’ fees) from the person to the fullest extent permitted by law.


7. Limitations of Liability.  THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE UNAUTHORIZED USE OF ANY ENTRY (OR ANY PORTION OF ANY ENTRY) BY ANY THIRD PARTY. BY PARTICIPATING IN THE Giveaway YOU AGREE (FOR YOURSELF AND YOUR HEIRS) THAT THE RELEASED PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARE NOT RESPONSIBLE FOR ANY LIABILITY, LOSS, INJURY, OR DAMAGE TO PROPERTY OR TO PERSON WHICH MAY OCCUR FROM THE CONDUCT OF, OR YOUR PARTICIPATION IN, THE Giveaway, OR FROM THE USE, MISUSE OR MALFUNCTION OF ANY PRIZE.  YOU ALSO AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY ATTORNEY’S FEES AND COURT COSTS DIRECTLY OR INDIRECTLY RELATED TO YOUR PARTICIPATION IN THE Giveaway, OR BY REASON OF YOUR ACCEPTANCE, POSSESSION, USE OR MISUSE OR MALFUNCTION OF THE PRIZE (INCLUDING ANY ACTIVITY RELATED TO THE PRIZE).


8. Governing Law/Disputes.  This Giveaway is governed by the laws of the United States and the State of California. As a condition of participating in this Giveaway, you agree, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Giveaway, will be resolved individually, without resort to any form of class action, exclusively before a court located in Alameda County, California. FURTHER, IN ANY DISPUTE, UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN AWARDS FOR, AND YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES, OTHER THAN ENTRANT’S ACTUAL OUT-OF-POCKET EXPENSES (E.G. COSTS ASSOCIATED WITH ENTERING). YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.


9. Publicity; Use of Personal Information.  By participating in the Giveaway, you irrevocably consent to the worldwide perpetual use of your name, biographical information, testimonials, photographs, voices, videos or likenesses in any manner and in any medium now in existence or later invented for any purpose in connection with the Giveaway without additional compensation, notification or permission, except where prohibited by law.  By participating in the Giveaway, where allowed by law, participants agree that the Company may disclose personal information obtained from participants in the Giveaway to third parties and use such information for marketing and other purposes.

 
10. Winners List.  You may request a list of the winners’ list by sending a self-addressed, stamped envelope to: Cinder Block GODSMACK Guitar Giveaway, c/o Cinder Block, LLC 7677 Oakport Street, Suite 1140, Oakland, CA, 94621.  In your request, you must state that you would like a copy of the “winners list” between June 1, 2012 and June 7, 2012.