ORANGEWOOD PRESENTS: "THE MAHOGANY VS. SPRUCE GIVEAWAY"
- Eligibility: The Mahogany vs. Spruce Giveaway (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least the age of majority in their state of residence (eighteen (18) in most states; nineteen (19) in Nebraska and Arkansas and twenty-one (21) in Mississippi) at the time of entry. The Promotion is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- Sponsor: Orangewood, 19122 S. Vermont Ave, Gardena, CA 90248
- Timing: The Promotion begins on October 17, 2022 at 10:00AM Pacific Time ("PT") and ends on October 27, 2022 at 11:59PM PT (the "Promotion Period"). Sponsor's computer is the official time-keeping device for this Promotion.
- How to Enter: This Promotion uses Instagram as a means of entry. This Promotion is not sponsored, endorsed, administered, associated with or certified by Instagram. Any questions, comments or complaints regarding the Promotion must be directed to Sponsor, and not Instagram. All Instagram logos and trademarks displayed on this promotion are property of Instagram, Inc.
INSTAGRAM: Log into your Instagram account, like the Promotion announcement feed post, and follow @orangewoodguitars. Tag a friend in the comment section of the Promotion announcement feed post and comment your preference between “Mahogany” or “Spruce” wood . You must have a valid, public Instagram account to participate. Instagram account is free to create at www.instagram.com and you must accept the terms and conditions of Instagram upon creating an account. If you opt to use a mobile device to submit an Entry, data rates may apply to the Entry and all other mobile communications, including but not limited to additional Entries (if applicable).
By submitting an Entry, you acknowledge and agree that Sponsor may receive other Entries under this Promotion that may be similar or identical to the Entry submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Entry reviewed and/or used by Sponsor may be similar to your Entry and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.
- Grand Prize Drawing Functionality: Sponsor, whose decisions as to the administration and operation of the Promotion and the selection of the potential winner are final and binding in all matters related to the Promotion, will judge and select the potential Promotion winner from all eligible entries received on or around October 27, 2022. The judging panel will randomly select the winner.
Winner Requirements: Receiving a prize is contingent upon fulfilling all requirements. The potential Promotion winners will be notified by Instagram on or after October 27, 2022. The potential Promotion winners will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (except where prohibited), which must be received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential Promotion winner cannot be contacted, or fails to sign and return the Declaration of Compliance, Liability and Publicity Release within the required time period, the potential winner forfeits his/her prize. In the event that such potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner from all remaining eligible entries. There will be three (3) attempts to award the applicable prize to an alternate winner after which the applicable prize will remain unawarded.
ONE (1) FIRST PRIZE: One (1) Orangewood Mason Mahogany Live Guitar (ARV $475.00) or (1) Orangewood Mason Spruce Live guitar (ARV $445.00), Total ARV of First Prize: $475.00 or $445.00
For All Prizes: The specifics of all aforementioned elements of the all prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the all prizes not specifically addressed above are the sole responsibility of the Promotion Winners.
No cash equivalent and all prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value (subject to applicable legal or regulatory limitations) if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
- Release: By participating, all entrant(s) agree, and by acceptance of or receipt of any prize winner(s) agree to release and hold harmless Sponsor together with each of their parent companies, and each such owners, directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, or administration of the Promotion, (collectively, the "Released Parties") from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of the prize in the Promotion, or their participation in the Promotion, or their participation in any Promotion or prize related activity, except where prohibited by law. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER 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." The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. Each potential winner acknowledges that Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize or the Promotion. Apart from manufacturer warranties (which may not be available in all geographies), all warranties are hereby disclaimed, and each potential winner will accept any prize "AS IS." No support services are provided with any prize.
- Publicity: Except where prohibited, participation in the Promotion constitutes winners consent to Sponsor's use of winner's name and country of residence for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. This Promotion is void where prohibited or restricted by law, and is subject to applicable federal, state, local, and national laws. This Promotion is subject to these Official Rules. By participating, entrants agree: (i) to be bound by these Official Rules and the decisions of the Sponsor and Administrator, which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Promotion or these Official Rules, except where prohibited by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability: In addition to and cumulative of the matters released in Section 9 hereinabove, the Sponsor and Administrator and Released parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize (other than as a direct result of the Sponsor's negligence). 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 Promotion, if it is possible. 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 the 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.
- Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California State Court located 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 Promotion, 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, indirect, 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 the entrant and Sponsor in connection with the Promotion, 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 (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
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