Terms and Conditions
1. This sweepstakes (the “Sweepstakes”) is held by Yamaha Guitar Group, Inc., whose registered office is at 26580 Agoura Road, Calabasas, CA 91302 (“Sponsor”).
2. By participating in this Sweepstakes, entrants (“Entrants”) agree that they have read, understood, accepted and will comply with these Terms and Conditions.
3. The Sweepstakes is open to residents of the USA (the “Territory”) aged 18 years and over. Employees of Sponsor and any of Sponsor’s affiliated or related entities and family members of such employees, or anyone else professionally involved with this Sweepstakes, and all affiliates and employees of any such companies, may not enter this Sweepstakes.
4. There is no entry fee and no purchase necessary to enter this Sweepstakes.
5. The Sweepstakes will run from 12:00:00 GMT on 11 March 2024 to 23:59:59 GMT 17 March 2024. After this date no further entries to the Sweepstakes will be permitted.
6. In order to enter, entrants have to complete the Yamaha THR Survey at the following link: https://survey.alchemer.com/s3/7734322/S12-THR-US
7. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified. No responsibility can be accepted for entries not received by Sponsor for whatever reason.
8. There is one prize consisting of a YH-WL500
9. The prize is as stated and no cash or other alternatives will be offered. The prize is not transferable. The prize is subject to availability and Sponsor reserves the right to substitute any prize with another of equivalent value without giving notice.
10. The Winner will be chosen using a random selection tool by Sponsor’s staff.
11. The Winner will be notified by e-mail on or about March 18, 2024. The Winner will have fifteen (15) business days to claim the prize by following the instructions contained in the notification e-mail, which shall require that, within ten (10) business days of notification, the Winner must sign and return: (i) an affidavit of eligibility whereby the Winner affirms that Winner meets the eligibility requirements of the Sweepstakes set forth in these Terms and Conditions; and (ii) a liability/publicity release that releases Sponsor from any claims relating to the Sweepstakes and giving Sponsor the right to publicize information regarding the Winner as permitted under these Terms and Conditions. If the Winner cannot be contacted within 48 hours, Sponsor reserves the right to withdraw the prize from the Winner and pick a replacement winner using the same drawing mechanic. A disqualification will result and an alternate winner will be randomly selected if the above documents are not signed and returned within the designated time, a prize notification is refused, an entrant is found to be ineligible or non-compliant with these Terms and Conditions, or the prize remains unclaimed for over 15 business days.
12. The prize will be shipped by post within one week after the selection.
13. Sponsor is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this Sweepstakes. Sponsor’s decision in respect of all matters to do with the Sweepstakes will be final and no correspondence will be entered into.
14. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Alchemer or any third party. By entering the Sweepstakes participants accept that they have no claims against Alchemer or any third party in connection with this Sweepstakes.
15. DATA COLLECTION, USE, AND PRIVACY. Sponsor adheres to the following data privacy guidelines in connection with the Sweepstakes. Data Collection Terms. In order to participate in the Sweepstakes, Sponsor asks for personal information that consists of an Entrant’s name, birthdate, home city or town, county, country, and email address. Such personal information is collected via webpage form submission by Entrant. Except where prohibited by law, an Entrant’s entry of the Sweepstakes constitutes permission for Sponsor and Yamaha Guitar Group (YGG) to communicate with the Entrant for marketing and advertising purposes. Except where prohibited by law, an Entrant’s acceptance of a prize constitutes permission for Sponsor and YGG to use Entrant’s name, address, photo, likeness, biographical information, statement and voice for advertising/publicity purposes worldwide and in all forms of media, in perpetuity, without further notice to or compensation in connection with said Sweepstakes or the prize(s) awarded. Use of Personal Information. Sponsor collects personal information from each Entrant in part to comply with all applicable contest laws and regulations in each country within the Territory. Sponsor also may use an Entrant’s name and resident address for communicating with the Entrant regarding the Sweepstakes which may include delivering contest prizes. Sponsor may use an Entrant’s birthdate to verify the Entrant’s eligibility for participating in the Sweepstakes. Sponsor may use an Entrant’s email address for marketing and advertising purposes directly by Sponsor or by YGG. Sponsor may anonymize personal information and share it in an aggregated form with third parties in order to analyze the Sweepstakes, improve the Sweepstakes and contestant experience, or for other similar purposes. Entrants understand, agree, and consent that any personally identifiable information provided to a third party may be retained and used for the purposes of this Sweepstakes, including but not limited to: record keeping, tax forms, government registrations, and/or any prize fulfillment related obligations. Entrant Rights and Data Security. Sponsor makes good faith efforts to provide an Entrant with access to the Entrant’s personal information and either to correct such data at the Entrant’s request if it is inaccurate or delete such data at the Entrant’s request if it is not otherwise required to be retained by law or for legitimate business purposes.
If an Entrant wishes to request the access, correction or deletion of such data, the Entrant may contact Sponsor by e-mail at privacypolicy@yamahaguitargroup.com or by mail at: Yamaha Guitar Group Inc, Legal Department, 26580 Agoura Road, Calabasas, California 91302, United States of America. To protect the security of an Entrant’s information, the Entrant may be required to properly identify the Entrant’s person before Sponsor can process such a request. Sponsor will take reasonable measures to protect the personal information of Entrants, including measures to protect against unauthorized access, alteration, and disclosure of such personal information. These security measures include, for example, internal reviews of data collection practices, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where personal information is stored. Sharing Personal Information with Third Parties. Sponsor shares an Entrant’s personal information with third parties including YGG in circumstances where sharing is (1) legally required or done to comply with a request from a government agency, (2) done in order to administer and provide the Sweepstakes, (3) done in conjunction with a corporate restructuring, (4) done to protect against fraud or other damage to Sponsor, or (5) otherwise permitted by you. For example: Sponsor may use a third party such as YGG to send a Sweepstakes prize to a contestant. In order to do so, Sponsor shares personal information (address information) to ensure that the prize is delivered properly. Sponsor may provide personal information to trusted service providers who are providing internal support services that help us provide and maintain our computers and websites related to the Sweepstakes. Sponsor may be required to disclose an Entrant’s personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Sponsor do not reveal information until Sponsor has a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. Additionally, Sponsor may share personal information with lawyers, law enforcement agents, or government agencies when Sponsor believes it is necessary to comply with the law, to prevent fraud or other illegal activity, or to prevent imminent bodily harm. If Sponsor’s corporate structure were to change, for example, if the company is sold or merged with another company, an Entrant’s information may be transferred to a new entity. Should such a transfer occur, Sponsor will require that the new entity receiving the Entrant’s information follow the privacy terms with respect to your personal information unless the new entity first informs the Entrant of a change in the policy. Sponsor may provide personal information to third parties including YGG who provide marketing services that help market Sponsor’s or YGG’s products and services. In connection with any marketing communications made by Sponsor or a third party on behalf of Sponsor, Entrant will be given the opportunity to opt-out of further marketing communications. Contact. Entrants may direct contact by e-mail to privacypolicy@yamahaguitargroup.com or by post to Yamaha Guitar Group Inc, Legal Department, 26580 Agoura Road, Calabasas, California 91302, United States of America.
16. RELEASE, INDEMNIFICATION, AND LIMITATIONS OF LIABILITY. By entering, all Entrants, their agents, assigns, and successors release Sponsor and its parent company and their respective trustees, subsidiaries, affiliates, licensees, directors, officers, employees, agents, independent contractors, promotional partners, and prize providers from any and all liability for any costs or expenses resulting from entry in the Sweepstakes and from any and all liability whatsoever, including, without limitation, for any injuries, death, losses, or damages of any kind caused by or in connection with any prize or resulting from acceptance, possession, quality, use, or misuse of any prize, or any portion of any prize, or parts thereof (including any travel or activity related thereto). All Entrants further agree that in the event of any third party claims, damages, losses, injuries, or death arising from or relating to the Sweepstakes, and any Winner’s use of any prize, they will indemnify Sponsor from any and all such claim, including attorney’s fees related thereto. Sponsor and its parent company and their respective trustees, subsidiaries, affiliates, licensees, directors, officers, employees, agents, and independent contractors are not responsible for any kind of computer transmission, electronic, hardware, internet, software, network, technical, or telephone failures and any damaged, delayed, garbled, illegible, incomplete, late, lost, misplaced, misaddressed, misdirected, or stolen mail or e-mail. Each Entrant agrees that by entering this Sweepstakes, Sponsor may seek damages from an Entrant if the Entrant deliberately damages Sponsor’s website or any other website in conjunction with the Entrant’s entry in this Sweepstakes or if the Entrant interferes with the legitimate operation of this Sweepstakes, it is in violation of civil or criminal law. If, in Sponsor’s exclusive judgment, this Sweepstakes becomes compromised in any way, Sponsor reserves the right to withdraw or suspend the Sweepstakes offer, cancel any method of entry, and/or select the Winner from all eligible entries received prior to the withdrawal.
17. Sponsor shall not be liable for any failure to meet these Terms and Conditions where such failure is caused by any supervening circumstances amounting to force majeure. Such circumstances shall include, but shall not be limited to technical problems, change of terms and conditions or decisions/actions/failure by any third party, government orders, severe weather conditions, fire, flood, war, earthquake, riots, industrial dispute, terrorism, pandemics or other national or regional health emergencies, acts of god, or other events that, without fault of either party, render performance impossible or incapable of satisfactory execution. Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages.
18. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
19. The Sweepstakes and these terms and conditions will be governed by United States law and any disputes will be subject to the exclusive jurisdiction of the courts of California, USA.