WANNA be a MUSIC STAR? Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY. PURCHASE DOES NOT IMPROVE CHANCES OF WINNING.
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ELIGIBILITY: The "WANNA be a MUSIC STAR?" Sweepstakes is offered only in the United States and the District of Columbia and is open only to legal residents of the United States. Entrant must be at least 8 (eight) years old at the start of the Promotional Period (as defined below). Employees, officers, directors and children of employees/officers/directors of Bandai America Incorporated ("Sponsor"), Gibson Guitar and its full family of brands, ("Prize Provider") and their respective affiliates, parent companies, subsidiaries, franchisees, retailers, contractors, distributors, advertising, promotion, fulfillment and marketing agencies, and their immediate families (defined as spouse, child, sibling, parent or grandparent) and persons living in the same household of each (whether related or not) are not eligible. Entrant and if entrant is a minor, entrant's parent/legal guardian agree to be governed by these Official Rules and the decisions of the Sponsor and the independent sweepstakes administrator. Participation constitutes Entrant's full and unconditional agreement to these Official Rules. Void outside the United States and the District of Columbia. Void in Puerto Rico and where prohibited by law. All applicable U.S. federal, state, and local taxes are the sole responsibility of the Winners.
The "WANNA be a MUSIC STAR?" Sweepstakes begins on or about 12:00 a.m. (midnight) PT on March 23, 2009 and ends at 11:59 p.m. PT on April 24, 2009 (the "Promotional Period"). Sponsor's computer is the official time clock for the Sweepstakes. Many will enter, few will win. -
HOW TO ENTER:
ONLINE ENTRY: To enter the Sweepstakes, go to www.Tamagotchi.com/sweepstakes/ and follow the instructions. As part of the entry process, entrants are first required to provide their date of birth.
If date of birth provided indicates that entrant may be eligible, he/she will be directed to the Sweepstakes entry page. Follow the instructions to complete and submit an online entry form. The required entry information consists of first name and e-mail address.
Entry may not be made by proxy or automated means such as by script, bot, macro or any other similar software or program. Any such attempts shall be rendered null and void. Online entries must be received by Sponsor no later than 11:59 p.m. PT on April 24, 2009.
There is no limit to the online entries you may submit during the Promotional Period. However, any person who uses any device or artifice to attempt to enter Sweepstakes multiple times will be disqualified and all entries associated with that e-mail address will be void.
MAIL-IN ENTRY: Legibly hand print your first and last name, home address, city, state, zip code, date of birth, and e-mail address (if any) on a 3" x 5" card/paper and send it in a business size (#10) envelope with sufficient postage to: the "WANNA be a MUSIC STAR?" Sweepstakes, P.O. Box 3725, Tustin, CA 92781. All mail-in entries must be received by May 1, 2009. Entries that are illegible, incomplete, sent via overnight delivery, printed by machine or otherwise mechanically reproduced will not be accepted and are void. You may enter via mail as often as you like but each entry must be mailed separately. Paper entries become the sole property of the Sponsor and will not be returned.
Sponsor and their agencies are not responsible for any entries that may be lost, late, stolen, postage due, delayed, mutilated and/or misdirected, or for typographical errors in these Official Rules or in any Sweepstakes advertising.
Regardless of entry method, entrants who are minors (under 18 years old) must get their parent/legal guardian's permission before attempting to enter the Sweepstakes.
By entering the Sweepstakes, entrant and if a minor, entrant's parent/legal guardian agree (1) to abide by and be bound by these Official Rules and all decisions of the Sponsor and Vertical Marketing Network LLC, ("Agency") the independent sweepstakes administrator, which are final and binding in all respects; and (2) to release Sponsor, Prize Provider, Gibson Amphitheater and all related parties to the venue and Agency and their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies and the officers, directors, employees, representatives and agents of any of the above organizations (collectively referred to as the "Released Parties"), from any and all liability whatsoever for any claims, costs, injuries, losses or damages of any kind (including, without limitation, related to personal injury, death, damage to property, infringement of proprietary rights, rights of publicity or privacy or defamation) arising in whole or in part, directly or indirectly, from participation in the Sweepstakes, or any Sweepstakes-related activity or the acceptance, possession or use/misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Sweepstakes and in no event shall the Released Parties be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes; provided that if it is not possible to award another entry due to discontinuance of the Sweepstakes for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. -
PRIZES AND APPROXIMATE RETAIL VALUE (ARV): Grand Prize (1): Prize Package includes a one-of-a-kind exclusive Tamagotchi Music Star themed Epiphone® Firebird Studio Guitar, an Epiphone® guitar strap and guitar case AND a 3-day/2-night trip for Winner and one Guest to attend the 2009 Teen Choice Awards at the Gibson Amphitheater in Universal City, California scheduled for August 9, 2009. If Winner is a minor, he/she must be accompanied by his/her parent/legal guardian on trip, who will count as Winner's one Guest. Trip includes round-trip air travel from gateway commercial airport closest to Winner's residence (as determined by Sponsor/Agency in their sole discretion) to Los Angeles, California, 3-day/2-night hotel (double occupancy) accommodations and ground transportation from Los Angeles International Airport to the hotel and from the hotel to Los Angeles International Airport on departure day in a Gibson Tour Bus. Winner and Guest will be picked up from their hotel in a Gibson Tour Bus and taken to the Gibson Amphitheater to attend the Teen Choice Awards. Prize includes two (2) tickets to the 2009 Teen Choice Awards at the Gibson Amphitheater. Grand Prize Winner and Guest must travel together on same itinerary (as set by Sponsor in its sole discretion). Tickets to the 2009 Teen Choice Awards at the Gibson Amphitheater are subject to terms/conditions of use as indicated thereon. Winner (if a minor, his/her parent or legal guardian) understands and agrees that (a) in conjunction with transportation in the Gibson Tour Bus and attendance of the 2009 Teen Choice Awards at the Gibson Amphitheater, Winner and Guest will at all times act in an appropriate, well-behaved manner and follow all instructions of Sponsor and Agency. Additionally, Winner and Guest will be required to sign a transportation release form prior to riding on the Gibson Tour Bus. Valid photo identification issued by a state of the United States is required for air travel. If Winner lives within approximately 150 miles of Los Angeles (as determined by Sponsor/Agency in their sole discretion) ground transportation will be provided by Sponsor instead of air travel and Winner will receive no additional compensation, cash or otherwise, in conjunction with such modification. Trip is subject to availability and additional restrictions. If the 2009 Teen Choice Awards is delayed, postponed or cancelled for any reason, that portion of the prize is forfeited in its entirety and no substitution will be provided except in Sponsor's sole discretion. All expenses not specified in these Official Rules, including all applicable taxes, are the sole responsibility of the Winner and/or Winner's parent or legal guardian. ARV: $6,510.
First Prizes (10): A limited-edition Tamagotchi Music Star themed "Epiphone® Les Paul Special II Guitar and an Epiphone® guitar strap and hat. ARV: $299 each; TOTAL ARV FIRST PRIZES: $2,999.
Second Prizes (25): A Tamagotchi® gift bag including one (1) Epiphone® hat, one (1) Tamagotchi® Music Star, one (1) Tamagotchi® Connection, one (1) Gotchi Gear® Tama Deco-ratchi Kit, one (1) Tamagotchi® Music Star Gotchi Gear® Tama Leash, one (1) Tamagotchi® Gotchi Gear® Tama Leash and one (1) Tamagotchi® Trading Cards & Stickers set. ARV: $56 each; TOTAL ARV SECOND PRIZES: $1,400.
TOTAL ARV OF PRIZE POOL: $10,911.
Odds of winning depend on number of eligible entries received.
Limit 1 prize per person/household. Prizes are non-transferable. Prizes cannot be returned or exchanged for cash. Substitution of a prize by a Winner is prohibited. Sponsor reserves the right in its sole discretion to substitute advertised prize with a prize of comparable value in the event the advertised prize (or portion thereof) is not available for any reason. Grand Prize Winner and Guest must be available to travel on dates of Sponsor's sole choosing so as to attend the 2009 Teen Choice Awards, which is currently scheduled for August 9, 2009. In the event Winner is not able to travel during these dates for any reason, the Grand Prize will be forfeited without compensation and an alternate will be selected. In the event that a Prize Winner (or his/her parent or legal guardian, if appropriate) chooses not to accept his/her prize or is unable to be notified for any reason, prize will be forfeited without compensation and an alternate will be selected.
Except where prohibited by law, acceptance of prize constitutes permission from Winner (if a minor, his/her parent or legal guardian) for Sponsor and their agencies to use Winner's name, voice, likeness and/or other indicia of persona without notice or further compensation for purposes of advertising and trade, including posting of Winner's first name, last initial and city and state of residence on the www.Tamagotchi.com and the www.Gibson.com websites for a maximum of thirty (30) days to the extent permitted by state and federal law, including the Children Online Privacy Protection Act (COPPA).
All applicable U.S. federal, state and local taxes are the sole responsibility of the winner. If Winner is a minor, the prize may be awarded to or in the name of his/her parent/legal guardian, in Sponsor's sole discretion. -
WINNER SELECTION AND PRIZE NOTIFICATION: Potential Winners will be selected in a random drawing from among all eligible entries received. The odds of winning depend on the number of eligible entries received. Winning a prize is contingent upon fulfilling all requirements set forth herein and being notified that verification is complete. The drawing will be conducted by Agency on or about May 4, 2009.
PRIZE NOTIFICATION AND AWARD PROCESS: All potential Grand and First Prize winners who entered online will be contacted via e-mail and will receive Portable Document Format (PDF) electronic attachment of the Affidavit of Eligibility and Liability/Publicity Release form. All potential Grand and First Prize winners who entered by mail will be notified via mail and will receive an Affidavit of Eligibility and Liability/Release form. Sponsor/ Sweepstakes Administrator will directly commence the prize award process with such potential winners. All potential Second Prize winners who entered online will be contacted via e-mail and receive PDF electronic attachment of the Declaration of Eligibility and Liability/Publicity Release form. All potential Second Prize winners who entered by mail will be notified via mail and will receive a Declaration of Eligibility and Liability/Publicity Release form. Sponsor will directly commence the prize award process with such potential winners.
Potential Grand and First Prize Winners must prove eligibility. Potential Grand and First Prize Winners will be required to sign, notarize and return the Affidavit of Eligibility and Release of Liability/Publicity (where legal) forms ("Prize Notification Form") within seven (7) days of official notification. Grand Prize Winner's Travel Guest (if a minor, his/her parent or legal guardian) must sign, notarize and return a Liability/Publicity release (where legal) prior to the issuance of travel documents. If Travel Guest is a minor, he/she may only accompany his/her parent or legal guardian (i.e., the Grand Prize Winner) on the trip. Potential Second Prize Winners will be required to sign a Declaration of Eligibility and Release of Liability/Publicity (where legal) forms within seven (7) days of official notification. If Travel Guest is the child of Grand Prize Winner, Travel Guest must be 8 (eight) years of age.
Noncompliance with these Official Rules and/or failure to timely complete and return the executed Affidavit of Eligibility/Release or Declaration of Eligibility/Release forms within seven (7) days of official notification, as applicable, will result in forfeiture of the prize (without compensation) and an alternate winner will be selected from all remaining eligible entries received. Any attempt to defraud Sponsor in any way will result in disqualification of entrant; and, such entrant may be prosecuted to the fullest extent of the law. Please allow 6 to 8 weeks for delivery of prize.
The Sweepstakes is governed by the laws of the State of California (with the sole exception of conflict of law/choice of law rules which would result in the application of the law of any jurisdiction other than California), with venue in Los Angeles County, California and all claims must be resolved in the appropriate state and federal courts of Los Angeles County, California. Claim must be filed individually, NOT as a class action. Entrant (if a minor, his/her parent or legal guardian) further understands and agrees that in no event will he/she (or his/her parent or legal guardian, if a minor) be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, fees or costs including without limitation attorneys' fees, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. -
INTERNET: Participation in Sweepstakes is subject to the Privacy Policy of www.Tamagotchi.com. If you DO NOT agree to the Privacy Policy, DO NOT USE THE WEBSITE TO ENTER THE SWEEPSTAKES (OR OTHERWISE). Sponsor and Prize Provider and their respective parents, subsidiaries, and affiliates, and their advertising, promotion or production agencies are not responsible for technical, hardware, software or telecommunications malfunctions of any kind, lost or unavailable network connections, incomplete/inaccurate information on www.Tamagotchi.com whether the result of tampering, equipment malfunction or other cause, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Sweepstakes. Sponsor and Prize Provider and their agencies are not responsible for any damages to entrant's (or a third party's) computer (including but not limited to information and data stored thereon) in conjunction with participation in Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS IN VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, BANDAI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE SWEEPSTAKES, IF APPLICABLE). If for any reason, including but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes such that persons cannot access www.Tamagotchi.com and enter the Sweepstakes, Sponsor shall have the right, at its sole discretion, to cancel, terminate, or suspend the Sweepstakes, and to select winners in a random drawing from among all eligible mail entries received and all eligible online entries received prior to and/or after (if appropriate) the action taken by Sponsor or otherwise in a manner determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules. Notice of such action by Sponsor will be posted on www.Tamagotchi.com.
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RULES/WINNERS LIST REQUESTS: Official Rules will be available during the Promotional Period of March 23, 2009 to April 24, 2009. Send a stamped, self-addressed envelope to WANNA be a MUSIC STAR? Sweepstakes Rules/Winners List Request, P.O. Box 3725, Tustin, CA 92781 to obtain a copy of these Official Rules or the names of prize winners (available after June 1, 2009). All requests must be received by May 4, 2009.
Sponsor: Bandai America Incorporated, 5551 Katella Blvd., Cypress, CA 90630.
Sweepstakes Administrator/Agency: Vertical Marketing Network LLC, 15147 Woodlawn Avenue, Tustin, CA 92780.
