AMENDED ON SEPTEMBER 26, 2012 TO ADD POWER GENERATOR PORTION OF GRAND PRIZE AND UPDATE PRIZE ARVS.
OFFICIAL RULES
HONDA BATTLE OF THE BANDS SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE OR WIN (EXCEPT DATA RATES MAY APPLY). PURCHASE WILL NOT ENHANCE CHANCES OF WINNING.
THIS PROMOTION IS INTENDED FOR PARTICIPANTS IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE INELIGIBLE.
FIRST PRIZE WINNERS MUST BE ABLE TO ATTEND THE HBOB SHOWCASE INVITATIONAL AND PARTICIPATE IN THE GRAND PRIZE EVENT ON JANUARY 26, 2013, IN ATLANTA, GEORGIA OR PRIZE WILL BE FORFEITED.
1. Eligibility: The 2013 Honda Battle of the Bands Sweepstakes (“Promotion”) is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older, and have a valid U.S. driver’s license at the time of participation. Employees, officers and directors of the American Honda Motor Co., Inc. (“Sponsor”), Muse Communications, Urban Sports & Entertainment Group, their subsidiaries and affiliated companies, advertising, promotion, or production agencies and Web masters/suppliers (and their respective tax (IRS) dependents, immediate family members [spouse, parent, child, sibling and their respective spouses] and individuals residing in their same household) are not eligible to participate. The Promotion is subject to applicable federal, state and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner it deems appropriate. By participating, participants agree to these Official Rules, which are final and binding in all respects. Void where prohibited.
2. Promotion Period: Promotion begins at 12:00 P.M. Pacific Daylight Time on September 14, 2012 and ends at 9:00:00 pm Pacific Standard Time on December 14, 2012 (“Promotion Period”). Sponsor’s computer is the official time keeping device for the Promotion.
3. How to Enter: There are two ways to enter the Promotion during the Promotion Period.
Limit one (1) entry per person/email address for the entire Promotion Period regardless of the method of entry. Participants may not enter using multiple email addresses nor may entrants use any other device or artifice to enter under multiple identities. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.
6. Determination of First Prize Winners: On or about December 17, 2012, Sponsor will select three (3) First Prize winners in a random drawing from among all eligible entries received from both entry methods. Receiving a First Prize is contingent upon compliance with these Official Rules. Odds of winning a First Prize depend on the total number of eligible entries received.
7. First Prizes (3): Each First Prize winner will receive a trip for winner and one (1) guest to Atlanta, Georgia between January 25, 2013 and January 27, 2013. The prize trip includes round-trip, coach class air transportation for winner and one (1) guest from a major commercial airport near winner’s home within the U.S. to Atlanta, Georgia one (1) double occupancy standard hotel room for two (2) nights; VIP access to the Honda Battle of the Bands weekend events; and VIP seating to the Honda Battle of the Bands Showcase. Each First Prize winner will also have the opportunity to participate in the Grand Prize event, which will take place January 26, 2013 in Atlanta, Georgia, as further described section 9 (“Grand Prize Event”). FIRST PRIZE WINNERS MUST BE ABLE TO ATTEND THE HBOB SHOWCASE INVITATIONAL AND PARTICIPATE IN THE GRAND PRIZE EVENT ON JANUARY 26, 2013, OR PRIZE WILL BE FORFEITED.
Approximate retail value (“ARV”): $1,500.00 each. Actual value of trip may vary based on point of departure and airfare fluctuations. Any difference between stated approximate retail value and actual value of Prize will not be awarded. All prize details not specified in the Official Rules will be determined in Sponsor’s sole and absolute discretion. Certain restrictions and black out dates may apply. Selection of airline and hotel are solely within Sponsor’s discretion. Meals, gratuities, luggage fees, incidental hotel charges and any other travel-related expenses not specified herein are the sole responsibility of winner. All travel must be taken on dates specified or prize will be forfeited and may be awarded to an alternate; no alternative travel dates are available. Exact travel dates and arrangements subject to availability. Winner and travel guest must travel on same itinerary. If winner is eligible, but a minor in his/her state of residence, the travel guest must be winner’s parent or legal guardian. A minor may accompany winner as a travel guest only if the winner is the minor’s parent or legal guardian. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay and all prize-related events) by minor’s parent or legal guardian. Travel guests must sign and return a travel release before any ticketing of travel occurs. Winner and guest must have all necessary identification and/or travel documents (e.g., a valid U.S. driver’s license) required for travel. Once travel guests are selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. If in the judgment of Sponsor, air travel is not required due to winner's proximity to Atlanta, Georgia, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the prize winner. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Additional prize award details and travel information to be provided to the prize winner at the time of notification. Prize winner and guests are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Seat location of event tickets is in Sponsor’s sole discretion. Tickets are subject to the terms and conditions listed thereon. Sponsor is not responsible for the cancellation or delay of any event, prize activities, or any portion thereof, for any reason, in which event that portion of the prize will be forfeited in its entirety and no substitution will be provided except in Sponsor's sole discretion.
Prizes are non-transferable, may not be substituted, except in Sponsor’s sole discretion, and cannot be redeemed for cash. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Applicable federal, state, local and other taxes and fees associated with the prizes and any expenses related to the acceptance and use of prizes and not specified in these Official Rules are the sole responsibility of the Winner. Winner will be issued an IRS 1099 form for prizes valued over $600. Unclaimed prizes will not be awarded.
8. First Prize Winner Notification: Winners will be notified by email, phone or mail on or about December 21, 2012. Sponsor is not responsible for any change in participant's email, mailing address and/or telephone number. Winners and travel guests will be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful a Publicity Release within seven (7) days of receipt of notification. If documents are not returned timely, or if the prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize will be forfeited and an alternate winner may be selected, in Sponsor’s sole discretion. If a winner is an eligible minor in his or her state or jurisdiction of residence, any prize will be awarded to minor’s parent or legal guardian who will be responsible for completing and submit all required documentation.
9. Grand Prize Event: On January 26, 2013, the three (3) verified First Prize winners will have the opportunity to take part in the Grand Prize event for the chance to win the Grand Prize (each a “Participant”). In the event a Participant is unable to participate in the Grand Prize Event, and in Sponsor’s sole discretion, Sponsor will designate a representative (present at the Grand Prize event and approved prior to event by Sponsor in its discretion), to attempt to start the car on behalf of that Participant. Sponsor will distribute keys to the Participants by having each Participant choose a key out of a bowl. The order in which Participants choose their key will be randomly determined by Sponsor. The Participants or designated representatives will have the opportunity to try to start the assigned Grand Prize vehicle (“Vehicle”). The Participant with the key that starts the Grand Prize vehicle will be declared the winner. If, due to a production or other error, more than one distributed key starts the Grand Prize vehicle, the Grand Prize vehicle will be awarded in a random drawing from among all Participants in possession of a working key for that Grand Prize vehicle. Odds of a finalist winning the Grand Prize will be 1:3. Sponsor reserves the right to re-schedule the date or location of the Grand Prize event for any reason in its sole discretion. THE VEHICLE AT THE GRAND PRIZE EVENT MAY NOT BE THE ACTUAL VEHICLE AWARDED, ACTUAL PRIZE VEHICLE IS BASED ON AVAILABILITY.
10. Grand Prize Vehicle: One (1) Grand Prize of a 2013 Honda 4-cylinder Accord EX-L with Navigation System (“Vehicle”) and a Honda generator ARV: $31,934.95. Vehicle will be delivered with standard options. Color, options, accessories, and other prize specifics to be determined at the sole discretion of the Sponsor. Grand Prize Winner must have and provide a valid U.S. Driver’s License and provide proof of existing car insurance coverage (Comprehensive or Liability) at time of pick-up; failure to show same may result in prize forfeiture and selection of an alternate winner, in Sponsor’s sole discretion. Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations including, but not limited to licensing and insurance requirements. Registration and license fees will be paid by Sponsor. Grand Prize winner will be solely responsible for any applicable title and insurance fees, all taxes (federal, state, local and/or income) and any expenses not listed herein related to the acceptance and use of the Grand Prize, including any travel and transportation costs associated with collecting the Vehicle will not be awarded. Winner will be provided instructions to obtain his/her Vehicle at a Honda dealership to be determined by Sponsor. Winner must take delivery of vehicle within 30 days of notification that dealership has received vehicle. Unclaimed prize will be not be awarded.
Total ARV of all Promotion prizes: $36,434.95
11. General Conditions: As a condition of participating, participants agree (a) that Sponsor, Muse Communications, Urban Sports & Entertainment Group and each of their parents, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (“Promotion Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize/Points or participation in this Promotion or any Promotion-related activities, including any travel related thereto; (b) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all 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 (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. Entrants 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. Entrants 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. Except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval. The entry information provided is subject to the Privacy Policy available at www.honda.com. No more than the stated number of prizes will be awarded.
12. Limitations of Liability: Neither Sponsor, Muse Communications, Urban Sports & Entertainment Group, nor its agencies are responsible for lost, illegible, late, misdirected, incomplete, or non-delivered Activities, Points or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Web site, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by Website users, or by any equipment or programming associated with or utilized in this Promotion; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the Website. Sponsor reserves the right, at its sole discretion, to disqualify any individual/account it finds to be tampering with the entry process or operation of Promotion or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person or to achieve more entries than entitled or to otherwise disrupt the Promotion in any manner. Sponsor is not responsible for injury or damage to participant's or any other person’s computer related to or resulting from participating in this Promotion or downloading or copying materials from or use of Website. If, for any reason, Promotion, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Promotion or any portion thereof. In the event such action is taken, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of such action. Vehicle winner acknowledges that the Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize Vehicle, including but not limited to its quality, merchantability, mechanical condition or fitness, except for any express manufacturer’s warranty as may be included with the prize Vehicle.
13. Governing Law: By participating, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. By participating, participants consent to the jurisdiction and venue of the federal, state and local courts located in Los Angeles County, California.
14. Winners List: For the name of Winners, visit www.Hondabattleofthebands.com beginning January 14, 2013 and no later than March 14, 2013.
15. Sponsor: American Honda Motor Co., Inc., 1919 Torrance Blvd, Torrance, California, 90501.
