ETX-Live.com – Guitar Contest

OFFICIAL RULES

BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.

1. SWEEPSTAKES PERIOD:The ETX-Live Guitar Contest Sweepstakes (the “Guitar Contest”) begins at 10:00am CST on 05/03/2024 and ends when email subscriber list reaches 1,000, or at 10:00am CST on 12/30/2024 (the “Sweepstakes Period”), whichever comes first. Sponsor’s computer is the official clock for the Sweepstakes.
2. ELIGIBILITY:  Sweepstakes only open to legal residents of the United States where this contest is not prohibited, who have reached the age of twenty-one (21). Sponsor is not eligible to enter or win.
3. HOW TO ENTER:

METHOD OF ENTRY: There are two methods of Entry for this Sweepstakes per unique e-mail address, regardless of entry method. NO PURCHASE NECESSARY TO ENTER OR WIN. Persons who subscribe to the Sponsor website/email newsletter and donate $20 through cash or electronic means are automatically entered. Entrants may also enter without donation by completing Sponsor’s onsite, electronic entry form which includes email subscriptions to website/email newsletter and all of the sponsors associated social media accounts, including Facebook, Instagram, YouTube, as well as The Kirbys Music and Toabi’s World sites during the Sweepstakes Period.

LIMITS: There is a limit of one (1) Entry per unique email address for the entire Sweepstakes Period.  All Entries become the property of Sponsor and will not be acknowledged or returned.

ENTRANT DATA AND PRIVACY: Submission of the Entry, including any prize notification documents (“Entrant Data”), constitutes your consent for Sponsor to obtain, use, and transfer your name, email address, and other details for Sweepstakes administration purposes. Any Entrant Data shall be used only in a manner consistent with the consent given by Entrants at the time of entry, with these Official Rules, and with Sponsor’s Online Privacy Policy, which can be found at www.ETX-Live.com/privacy. It is the general policy of Sponsor not to share personally identifiable information with third parties. Sponsor may use cookies and/or collect IP for the purpose of implementing or exercising its rights or obligations under the Sweepstakes rules, for information purposes, identifying your location (including, without limitation, to re-direct you to the appropriate geographic website, if applicable) or for any other lawful purpose in accordance with Sponsor’s Privacy Policy.

PROMOTIONS: Entrant consents to the Sponsor’s and the Sponsor’s designees’ usage of any one or more of the following for on-air broadcast and for any other advertising and promotional purpose in any medium whatsoever without payment of any additional consideration: his/her name, voice, likeness, biographical information, and the substance of his/her entry or any other Sweepstakes submissions. Entrants understands and agrees that Sponsor may take photographs and/or videotape and/or audiotape any Entrant’s participation, appearance, and/or performance in connection with the Sweepstakes and that Sponsor will own any such photos, audio, and/or video and shall be free to utilize such materials in any way it sees fit during or after the Sweepstakes with no compensation to the Entrants, including without limitation posting any such photographs, audio and/or videos on its website.

All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors, and Winner hereby disclaims and waives any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsor or its licensors, and Winner hereby waives any claim of control over the Promotions’ content, as well as any possible claims of misuse of Winner’s name under contract, tort, or any other theory of law.

4. PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:

PRIZE DRAWING: Sponsor will conduct one (1) random prize drawing from all eligible entries received during the Sweepstakes Period. The drawing will be conducted within 10 days of the achievement of 1000 eligible subscribers or by the date Dec 30, 2024, which marks the end of the Sweepstakes Period. Odds of winning are 1 in 1,000. Non-winning entries will not carry forward to or be included in any subsequent sweepstakes or prize drawings of Sponsor.

PRIZE DETAILS:  Total of one (1) prize. Winner will receive: one (1) Gibson Les Paul guitar (“Prize”). The approximate retail value (“ARV”) of the Prize is U.S. $3,000.00.  Sponsor will notify a Potential Winner by sending a message to the Potential Winner via the contact information provided at time of entry into Sweepstakes. The Potential Winner is responsible for responding within 7 days after issuance of notification. The Winner is solely responsible for any taxes on the prize. Only one prize will be awarded per Winner. Prize must be picked at Sponsor’s location at 100 S. Tyler St. Big Sandy, TX 75755 at a scheduled appointment, unless otherwise specifically directed by Sponsor. Prize will not be mailed, unless otherwise determined by the Sponsor. Prize will be ready for pickup on or before December 31, 2024. Prize not claimed within thirty (30) business days of notification that the prize is available for pick-up, or in the case of a time sensitive prize, within its period of usability if shorter than 30 business days, shall be considered forfeited (without notice to the winner) and will become property of Sponsor. Such prize may be disposed of at the discretion of Sponsor Management. Prizes will be released to Winner only. Winner may be required to present a valid United States state or federal photo ID and valid social security number in order to pick up any prize.

PRIZE AWARDING: Sponsor will not replace any lost or stolen prize. No transfers, cash awards, or prize substitutions are permitted, except by Sponsor. Sponsor reserves the right to substitute a prize with one of comparable or greater value, at its sole discretion. Prize awarded is subject to verification of eligibility and compliance with these Official Rules. Prize winner may be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return the same, properly executed, within seven (7) days of issuance of notification. If a prize or prize notification is returned as undeliverable; or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Potential Winner may be required to present valid identification proving eligibility, and Sponsor may reasonably choose to disqualify a Potential Winner based on the identification provided. Upon disqualification, no compensation will be given. Once the Affidavit is received within the specified time period, is verified, and receives final approval by Sweepstakes Entities, then and only then will a Potential Winner become an actual Winner. Prize will be awarded in the name of the Winner. In the event that any potential winner is disqualified in a Sweepstakes for any reason permitted by these rules at any point in time (before or after a winner is determined), Sponsor may, but is not obligated to, select an alternative winner, and Sponsor may instead elect to retain any associated prize(s) as its own property and/or dispose of any such prize(s) in any way it sees fit outside of (or within) the scope of the Sweepstakes. In the event that any Entrant or entry is disqualified or any prize is forfeited in accordance with these rules, Sponsor has no obligation whatsoever to notify any such Entrant of any such disqualification or forfeiture. Decisions of the Sponsor are final in all respects of the Sweepstakes.

PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. Winner will not be obligated to purchase any other Sponsor products or services. Entrant agrees to indemnify, release, and hold harmless Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the prize resulting from participating in this Sweepstakes. Entrant acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Entrant or that of Entrant’s heirs, executors, and administrators relative to Entrant’s use of the prize awarded to Entrant; and that Entrant is solely responsible for obtaining and paying for any insurance relative to the prize awarded to Entrant.

5. CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, or any other error or malfunction, or any injury or damage to Entrant’s or any other person’s computer related to or resulting from participation in the Sweepstakes, or for late, lost, stolen, illegible or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate the Sweepstakes, in whole or in part, at any time without notice and award the prizes in a random drawing from among all non-suspect eligible entries received as of the termination date. In case of a dispute as to the owner of an Entry, Entry will be deemed to have been submitted by the authorized account holder of the email address, Twitter account, Facebook account, or Instagram account with which the Entry was made. The authorized account holder is deemed as the natural person assigned to an email address by an Internet access provider, service provider, or other organization responsible for assigning email addresses or the domain associated with the submitted email address.  In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor’s reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes. Notice of such action will be posted online at www.ETX-live.com. Caution: Any attempt by a Entrant or any other individual to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.

Inquiries by Entrants or potential Entrants to Sponsor (whether in person, by email, or by telephone) regarding the status of their entry or questions about the Sweepstakes may or may not be responded to, and Sponsor is not obligated to respond or treat to all inquiries identically (even if the question is identical). Time considerations and/or volume, among other things, may impact Sponsor’s desire or ability to respond to such inquiries from time to time. Notwithstanding anything communicated by any Sponsor employee in connection with any such inquiry, such information shall not be binding on Sponsor (the sole determining information related to this Sweepstakes is as set forth in the Sweepstakes rules) and shall not be deemed to be providing any type of improper assistance or advantage to any particular Sweepstakes over another. Any attempt by Sponsor to respond to an inquiry will be in the context of providing good customer service only and, in some instances, to address technical issues/problems.

6. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, 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 this promotion, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in the State of Texas.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY.

By entering Sweepstakes, Entrants understand that Sponsor’s staff may choose to comment on, mock, poke fun at, and/or mimic any Entrant’s entry and/or performance. Entrants waive any right to make any claim against Sponsor with respect to any comments – disparaging or otherwise – made regarding such Entrant and/or his/her entry, entry materials, performance, voice, appearance, participation, and/or any other information provided or disclosed to Sponsor during or after the Sweepstakes Period.

7. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Texas and any other court with jurisdiction over the parties. To expedite resolution and control the cost of a Dispute, you and Sponsor agree to first attempt to resolve a Dispute informally for at least thirty (30) days before initiating any arbitration.  The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Procedures”), both of which are available at the AAA website www.adr.org or may be acquired by calling the AAA at 1-800-778-7879. Any arbitration will be confidential, and neither you nor Sponsor may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.  Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration provision is determined by a court or the arbitrator to be inapplicable or invalid, then the remainder shall still be given full force and effect.

Payment of all arbitrator compensation, expenses, and administrative fees (which include filing and hearing fees) will be governed by the AAA Consumer Procedures.

10. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy, or terms of use on Sponsor’s Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control, and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.