Official rules, terms, and conditions

The SABIAN Cymbal Vote 2013 Giveaway Contest Official Rules, Terms and Conditions

NO PURCHASE, ENTRY FEE OR SUBMISSION TO A SALES PRESENTATION IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE ODDS OF WINNING.

ODDS OF WINNING: Odds of winning will depend upon the total number of eligible entries received.

EMPLOYEES, OFFICERS, AND DIRECTORS OF SABIAN, LTD., GURUZ MEDIA, AND THEIR IMMEDIATE FAMILIES AND THOSE LIVING IN THEIR HOUSEHOLDS, ARE NOT ELIGIBLE TO PARTICIPATE IN THE CONTEST. THIS CONTEST IS VOID WHEREVER PROHIBITED.

CONTEST PERIOD: The Contest begins at 9:00 a.m. Eastern Time (ET) on September 1, 2012 and ends at 11:59 p.m. ET on October 31, 2012 (the “Contest Period”). The winners will be contacted no later than November 6th, 2012.

SPONSOR: The Sponsor of this Sweepstakes is Sabian Ltd. 219 Main Street, Meductic, New Brunswick, Canada E6H 2L5 (“Sponsor”), and the rules, terms and conditions provided herein are the official rules of the contest (“Official Rules”). The Official Rules are available on the Players’ Choice website at www.cymbalvote.com.

HOW TO PARTICIPATE:
(1) Enter online. Visit the general Contest homepage at www.cymbalvote.com and follow the onscreen instructions to register for the Contest. Limit one entry per person. A completed entry constitutes acceptance of these Official Rules.
(2) Minors. Anyone under the age of 13 is not eligible to enter the contest.
(3) Disqualified Entries. Sponsor reserves the right to remove and disqualify any entry that it deems to be in violation of these Official Rules. In addition, entries may be considered void if they are in whole or in part incomplete, illegible, forged, or obtained through fraud or theft.

ADDITIONAL CONDITIONS FOR PARTICIPATION:
(1) By participating, entrant represents and warrants that it has read and agrees to be bound by these Official Rules.
(2) If selected as a Winner (as defined in these Official Rules), the entrant will be required to sign an agreement and release confirming, among other things, compliance with these Official Rules and acceptance of the prizes as offered, and releasing Sponsor and its agencies from any and all liability for any damages, costs, or losses whatsoever relating in any way to or arising out of participation in the Contest, participating in any prize-related activity, or the acceptance, use or misuse of any prize.
(3) By participating, entrant agrees that neither the entry nor the acceptance of the awarded prizes violates any agreements with any third party, or any right or interest of any third party.

PERSONAL INFORMATION: Sponsor will be collecting personal information about entrants when they register and participate in the Contest. Sponsor may share this personal information in order to fulfill the requirements of the Contest, including sharing such information with promotional partners, agents and other third parties related to the Contest. By agreeing to these Official Rules, entrants agree to such collection and use of their personal information.

SELECTION/DRAWING: One (1) Grand Prize winner, five (5) Second Place winners and fifteen (15) Third Place winners will be selected in a random drawing from all eligible entries (the “Winners”). The drawing will be held on November 6th, 2012. Odds of winning will depend upon the total number of eligible entries received.
Canadian residents will be required to correctly answer a mathematical skill-testing question as a condition of receiving the prize. If any selected Winner declines the prize, fails to claim the prize, fails to meet the requirements for fulfillment of the prize, fails to abide by the Official Rules, is disqualified, or is ineligible, Sponsor may, in its sole discretion, select a new Winner.
PRIZES AND APPROXIMATE RETAIL VALUE (ARV): The Grand Prize winner will receive a complete set of the twelve (12) Cymbal Vote models (ARV of $4600 USD); the Five (5) Second Place winners will each receive the four (4) Cymbal Vote winning models (ARV of $1600); the Fifteen (15) Third Place winners will each receive their choice of one (1) of the four (4) Cymbal Vote winning models (ARV of $119 - $597 EACH).
No cash equivalent will be made available for non-cash prizes. Prizes are non-transferable. No substitution will be made except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any listed prize or prize component for one of equal or greater value if a designated prize or component should become unavailable for any reason. Prizes consist of only those items specifically listed herein, and any item, cost or expense not specifically listed as part of the prize is the sole responsibility of the winner. TOTAL ARV OF ALL PRIZES: $12,000 USD. Any and all taxes related to the prizes are the sole responsibility of the Winner.
The Winners will be notified by phone or e-mail (if no phone number is provided) no later than November 6th, 2012.
Sponsor reserves the right to refuse to award a prize to or on behalf of a minor.

RIGHT OF DISQUALIFICATION: Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process, or the operation of the Contest or web sites, or acts in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT.

RIGHT OF TERMINATION: Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest, if in its sole discretion, Sponsor determines that the Contest of a portion of the Contest is impractical, fraudulent, void, unlawful, or if there are any technical or administrative malfunctions, errors or other problems that affect the structure, terms or lawful administration of the Contest.

DISCLAIMER OF WARRANTY: NEITHER THE SPONSOR NOR ANY OF THEIR AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR PRINCIPALS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO ENTRANTS OR ANY OTHER PERSONS RELATING IN ANY WAY TO THE PARTICIPATION IN THE CONTEST, OR ACCEPTANCE, RECEIPT, OWNERSHIP, USE OR OTHER DISPOSITION OF THE PRIZES, INCLUDING, BUT NOT LIMITED TO, ANY COMPUTER-RELATED, ON-LINE, TELEPHONIC, OR TECHNICAL MALFUNCTIONS THAT MAY OCCUR, OR ANY ENTRIES, VIDEOS, OR VOTES THAT ARE LATE, TAMPERED WITH, INCOMPLETE, LOST, MISDIRECTED, MUTILATED, CORRUPTED, MECHANICALLY DUPLICATED, OR OTHERWISE NOT IN COMPLIANCE WITH THE OFFICIAL RULES.

LIMITATION OF LIABILITY: NEITHER THE SPONSOR NOR ANY OF THEIR AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR PRINCIPALS SHALL BE LIABLE TO ENTRANTS OR ANY OTHER PERSONS FOR, AND EXCEPT WHERE PROHIBITED BY LAW, THE SPONSOR AND VANS WARPED TOUR, AND THEIR AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR PRINCIPALS ARE HEREBY RELEASED FROM ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO OR ARISING OUT OF PARTICIPATION IN THE CONTEST, PARTICIPATING IN ANY PRIZE-RELATED ACTIVITY, OR THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE WHETHER ARISING UNDER THESE TERMS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW.

GOVERNING LAW FOR CANADIAN RESIDENTS: For those entrants that are residents of Canada, the Contest is governed by the laws of The Province of New Brunswick, Canada. Any claims, disputes or other matters in question arising out of, or relating to, the contest or the prizes, whether sounding in contract, tort, or otherwise will be decided exclusively by the province or federal court located in the Court of Queen’s Bench of New Brunswick.

GOVERNING LAW FOR U.S. RESIDENTS: For those entrants that are residents of the United States, the Contest is governed by the laws of the Commonwealth of Massachusetts. Any claims, disputes or other matters in question arising out of, or relating to, the contest or the prizes, whether sounding in contract, tort, or otherwise will be decided exclusively by the state or federal court located in the Commonwealth of Massachusetts.

WINNERS’ LIST: The name of Winner will be available for a reasonable time period after the completion of the Contest, at www.sabian.com and www.cymbalvote.com.