Rules

Fishman® “Loudbox Lick Sweepstakes”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.


1. Eligibility: The “Loudbox Lick Sweepstakes” (the “Sweepstakes”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES (INCLUDING THE DISTRICT OF COLUMBIA), EXCLUDING ALASKA AND HAWAII, WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. ALSO ELIGIBLE ARE LEGAL RESIDENTS OF CANADA (EXCLUDING THE PROVINCE OF QUEBEC) WHO HAVE REACHED THE AGE OF MAJORITY IN THE STATE/PROVINCE/COUNTRY AT THE TIME THEY ENTER THE PROMOTION. VOID WHERE PROHIBITED. Employees, officers, directors, shareholders and agents, and their immediate families (parents, children, siblings, spouse) and/or those residing in the same household of each (whether related or not) of Fishman Transducers, Inc. (“Fishman”) its parent, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of Fishman, which are binding and final on matters related to this Sweepstakes. This Sweepstakes is subject to all applicable federal, state, and local laws. IMPORTANT: Please read these Official Rules carefully before entering the Sweepstakes. By entering the Sweepstakes, you acknowledge that you have read, understood, and agree to be bound by these Official Rules. The words “you”, “your” and similar pronouns mean the individual entrant, contestant, participant and/or winner. The words “we” and similar nouns or pronouns refer to Fishman.

2. Winner Selection: Every one (1) week commencing June 24, 2019 through July 31, 2019, a winner (“Winner”) will be determined and announced. Winners will be announced on the following days: July 2nd, 2019; July 9th, 2019; July 16th, 2019; July 23rd, 2019; July 30, 2019; August 6, 2019. A total of six (6) winners shall be determined by Fishman in a random drawing from among all eligible entries received. The decisions of Fishman will be final and binding in all matters relating to this Sweepstakes. Odds of winning a Prize depend on the number of eligible entries received. FOR CANADIAN RESIDENTS ONLY (excluding the province of Quebec): Before being declared a Winner, a selected entrant shall be required to correctly answer, without assistance of any kind, a time-limited, trivia question, to be administered during a pre-arranged telephone call or by e-mail.

3. Prize: Each Winner(s) shall receive one (1) Fishman Rare Earth Mic Blend. All Prizes are non-transferable. No substitutions or cash redemptions allowed, except by Fishman, in their sole discretion. Any depiction of a Prize is for illustrative purposes only. Approximate Retail Value (ARV) of each Prize is $299.99 USD. A Prize includes delivery of the Prize to a single location within the United States or Canada (excluding Quebec). Odds of winning a Prize depend on the number of eligible entries received. Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize received, regardless of whether it, in whole or in part, is used. All details of any Prize not specified herein shall be determined by Fishman in their sole discretion.

4. Conditions of Prize: The Prize is awarded “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). Notwithstanding the foregoing, the Prize shall be subject to such product’s standard manufacturer’s warranty and repair policy. Fishman shall be responsible for any and all shipping and handling costs associated with the delivery; however, Fishman shall not responsible for any delay, mis-delivery, or loss by a common carrier after Fishman’s delivery thereto, nor for any reason whatsoever beyond Fishman’s control. Winner may be required to provide Fishman with a valid social security number or tax identification number before the Prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner. An unclaimed Prize will be forfeited. A Prize, if legitimately claimed, will be awarded. Fishman is not responsible for and will not replace any lost, mutilated or stolen Prizes or any Prize that is undeliverable or does not reach the Winner because of an incorrect or changed address. If the Winner does not accept the Prize, the unaccepted Prize will be forfeited and Fishman will have no further obligation with respect to that Prize. No more than the stated Prize(s) above will be awarded. Other restrictions may apply.

5. Winner Notification: Each Winner will be contacted in the following manner: Instagram entry Winners will be contacted via Direct Message and Facebook entry Winners will be contacted via a private Facebook message. In addition, all Winners will be announced via Fishman’s Instagram or Facebook page featuring the Winner’s video. Winners must respond to such notifications within five (5) business days of date of notification to claim Prize. If a Winner cannot be contacted or does not respond to the winner notification within five (5) business days of first notification attempt, if the Prize notification is returned as undeliverable, if a Winner rejects his/her Prize, or in the event of a Winner’s noncompliance with these Official Rules and requirements, such Prize will be forfeited by that Winner and an alternate Winner will be selected from all remaining eligible Entries. Upon Prize forfeiture, no compensation will be given.

6. Additional Terms: Participation in the Sweepstakes and acceptance of a Prize constitutes the Winner’s permission for Fishman to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information and/or any statements made by a Winner regarding the Sweepstakes or Fishman for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. In the event of a dispute regarding entries received from multiple entrants having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. An authorized account subscriber is a natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Entrants who do not comply with these Official Rules, or who attempt to interfere with this Sweepstakes in any way shall be disqualified. Entrants and selected Winners hereby expressly and forever waive their moral rights arising under United States federal law, United States state law, and under the laws of any other country that conveys rights of the same nature or any other type of moral right or droit moral.

7. Limitations on Liability: By participating, entrants and Winner(s) agree to release and hold harmless Fishman, its advertising and promotion agencies, its third party web and social media sites through which this Sweepstakes is administered and/or conducted, and all of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including, without limitation, property damage, personal injury and/or death which may occur in connection with the Sweepstakes, or possession, acceptance and/or use or misuse of any Prize or participation in any Sweepstakes-related activity and for any claims based on publicity rights, defamation or invasion of privacy and merchandise delivery. Released Parties are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Sweepstakes, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Sweepstakes or downloading any materials in connection with this Sweepstakes. Fishman is not responsible if this Sweepstakes cannot take place or if the Prize cannot be awarded due to interruptions resulting from acts of God, acts of war, natural disasters, weather or acts of terrorism. Fishman reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Sweepstakes should it be determined, in Fishman’s sole discretion, that any virus, bugs, non-authorized human intervention, fraud or other causes beyond Fishman’s control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, Fishman will select the Winner from all eligible Entries received prior to and/or after (if appropriate) the action taken by Fishman. Fishman reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes. Fishman may prohibit an entrant from participating in the Sweepstakes or winning a Prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Fishman’s representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, FISHMAN RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.WITHOUT LIMITING THE RELEASES CONTAINED HEREINABOVE, BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) 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, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) THE ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF

8. Electronics Disclaimer. Fishman and any of its subsidiaries, affiliates, directors, officers, professional advisors, employees, and agencies will not be responsible for: (1) any late, lost, incomplete, unintelligible, or misrouted entries or errors in transmission or inaccurate entry information, whether caused by entrant or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error that may occur in the processing of entries; (2) any disruptions to Internet connection, injuries, losses, or damages caused by events beyond the control of Fishman; (3) any printing or typographical errors in any materials associated with the Sweepstakes; (4) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or 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; or injury or damage to entrant’s or any other computer resulting from downloading any materials in connection with the Sweepstakes. Fishman, its contractors, representatives and agents are not responsible for technical, hardware, software, or telephone malfunctions of any kind and shall not be liable for failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications utilized in this Sweepstakes which may limit the ability to participate in the Sweepstakes or to win the Prize. If for any reason, including computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of Fishman, which corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sweepstakes is not capable of being conducted as described in these rules, Fishman shall have the right, at its sole discretion, to modify and/or cancel the Sweepstakes. Fishman will provide detailed notice to all entrants in the event of such a circumstance.

9. Winner(s) Name(s): The name(s) of the Winner(s) may be obtained by visiting LoudboxMiniCharge.com.

10. Changes to Official Rules/Final Decisions. Fishman may, to the maximum extent permitted by applicable law and in our sole discretion, change these Official Rules or suspend or cancel all or portions of the Sweepstakes at any time. All decisions regarding participation, the random drawing of the Prize Winner, Prize awarded and/or administration of the Prize and this Sweepstakes are final. ANY ENTRY THAT DOES NOT SATISFY ALL REQUIREMENTS OF THESE OFFICIAL RULES WILL BE VOIDED.

11. Sponsor: This Sweepstakes is sponsored by: Fishman Transducers, Inc. 3 Riverside Dr, Andover, MA 01810.

12. Governing Law: THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or Fishman in connection with any drawing or Prize, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts USA, without regard to conflict of law principles. All actions shall be subject to the limitations set forth in above.

13. Miscellaneous: Fishman’s failure (if any) to enforce any term of these Official Rules shall not constitute a waiver of that term or provision. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules 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. 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 any applicable website where the Sweepstakes may operate, 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 Fishman’s sole and absolute discretion. Fishman reserves the right to make changes or additions to these Official Rules at any time. The Official Rules contain the entire understanding between the entrants and Fishman relating to the Sweepstakes.

The Sweepstakes and all accompanying materials are ©2019 Fishman Transducers, Inc. All rights reserved. The Fishman® trademark and logos are registered trademarks of Fishman Transducers, Inc. All other trademarks are property of their respective owners.