BEST BUY® MUSICAL INSTRUMENTS & SPIN MAGAZINE’S “SPIN@STUBB’S FLYAWAY” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID IN PUERTO RICO AND WHERE PROHIBITED.
1. SWEEPSTAKES TERM AND DEADLINES: Best Buy Musical Instruments & Spin Magazine’s “Spin@Stubb’s Flyaway” Sweepstakes (“Sweepstakes”) begins February 8, 2010 at 12:00:01 a.m. Pacific Time (“PT”) and ends February 28, 2010 at 11:59:59 p.m. PT (“Sweepstakes Period”). A Random Drawing will be held on or about March 1, 2010. Random Drawing will be conducted from among all eligible entries received during the Sweepstakes Period. Sweepstakes Administrator’s computer is the official time clock for the Sweepstakes. Proof of submission will not be considered proof of receipt. Winner will be notified on or before March 5, 2010.
2. ELIGIBILITY: Open and offered only to legal residents of the 50 United States and District of Columbia, 21 years of age and older at the time of entry. Sweepstakes is void in Puerto Rico, U.S. territories and possessions outside the 50 United States and District of Columbia, and where prohibited or restricted by law. Employees and directors of Best Buy Stores, L.P., Spin Magazine (“Sponsors”), NCompass International, Inc. (“Sweepstakes Administrator”), and their respective parent, affiliated and subsidiary companies, and their advertising, promotion, or production agencies, prize providers, Web masters and Web suppliers, and any companies who are performing work in Best Buy stores at the request of Best Buy, and their respective officers, directors, employees, representatives and agents (collectively, the “Sweepstakes Entities”), and their IRS dependents, immediate families (parent, child, sibling and spouse) and/or members of their households, are ineligible to participate in this Sweepstakes. By participating, entrants agree to these Official Rules and the decisions of the Sponsors, which are final and binding in all matters related to this Sweepstakes.
3. TO ENTER: Log on to www.spin.com/MIaustin ( “Sweepstakes Site”) during the Sweepstakes Period and click on the Sweepstakes icon to access the Entry Form. You must complete and submit the requested information, including first and last name, email address, current mailing address, and daytime telephone number (“Entry”). Proof of submission is not proof of receipt. Any attempt at e-mail or other method of entry is void. Limit of one (1) Entry per person/e-mail address per day. Any attempt by any person to obtain more than the stated number of Entries by using multiple/different email accounts, or
4. any other methods will void all of that person’s Entries and that person will be disqualified.
5. DRAWING: One (1) potential Winner will be selected during a Random Drawing to be held on or about March 1, 2010, from among all eligible entries received during the Sweepstakes Period. Random Drawing will be conducted by Sponsors or their designee, whose decisions are final on all matters relating to the Sweepstakes. Potential Winner will be notified via mail, email, telephone and/or overnight courier at the address/email address provided at the time of entry.
6. PRIZE and Approximate Retail Value (“ARV”): One (1) Grand prize will be awarded, consisting of round trip coach airfare from a major commercial U.S. airport near Winner’s residence for Winner and one (1) guest to Austin, TX; 2 days/3 nights hotel accommodations (standard room, double occupancy); two (2) tickets to the official SPIN@STUBB’S event on March 19, 2010; one (1) Gibson Songwriter Deluxe guitar; $500 spending cash; and ground transportation to/from airport/hotel. ARV: $4,899.00. Actual retail value depends on the city of departure and dates/times of travel, and any difference between actual costs and ARV will not be awarded.
Winners may not substitute, assign or transfer prize, or redeem prize for cash, but Sponsor reserves the right, in its sole discretion to substitute any prize with another prize of equal or greater value should an advertised prize become unavailable for any reason. Prize consists of only those items specifically listed as part of the prize. Prizes will not be fulfilled outside the United States or District of Columbia. All expenses not stated in these Official Rules are solely the responsibility of the winner, including, without limitation, tips, gratuities, service charges or taxes, meals, ground transportation not specified, hotel room service, beverages, merchandise, souvenirs, local and long-distance telephone calls. Travel and accommodations are subject to change and availability, and restrictions may apply. Travel and accommodations are subject to change and availability, and restrictions may apply. Winner and winner’s travel companion must complete, sign and return all affidavits, releases and other documents required by Sponsor prior to ticketing of prize; must travel on the same itinerary; must travel on the dates specified by Sponsor, which are subject to change; and must comply with all airport and venue security requirements; or prize will be forfeited in its entirety and may be awarded to an alternate winner, provided sufficient time remains to verify alternate winner and ticket prize, otherwise prize will not be awarded. Sponsor reserves the right in its sole discretion to suspend or cancel the participation of any winner or travel companion due to noncompliance with any security procedure or inappropriate behavior or misconduct. If trip destination is located less than 200 miles from winner’s residence, Sponsor, in its sole discretion, reserves the right to provide ground transportation in lieu of air transportation. Travel accommodations are at the discretion of Sponsor. No responsibility is assumed for any cancellation or rescheduling of the event in whole or in part. If any of the foregoing events are delayed, postponed or cancelled for any reason, the travel portions of the Grand Prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no substitute or additional compensation will be awarded. If winner cannot take the trip as stated, prize will be forfeited in its entirety and may be awarded to an alternate winner, time permitting. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner is solely responsible for all applicable taxes, insurance, travel-related expenses not set forth herein and other expenses which may be required for the enjoyment and use of the prize. Taxes on the prizes are solely the winner’s responsibility. Guest, if any, may be required to execute and return a release of liability and, except where prohibited, a publicity release (“Guest Documents”), prior to ticketing of prize. If guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf. Limit one (1) prize per person or household. Odds of winning depend upon the total number of eligible entries received.
7. CONDITIONS OF PARTICIPATION: Entrants agree (a) that Sponsor and its parent entities, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents, and Sweepstakes Administrator and the Sweepstakes Entities will have no liability whatsoever for, and shall be held harmless against any liability for any injuries, losses or damages of any kind to persons, including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize, or participation in this Sweepstakes or any Sweepstakes related activity, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize; and (b) except where legally prohibited, winner grants (and agrees to confirm such grant in writing) permission for Sponsor and those acting under its authority to use winner’s name, photograph, voice and/or likeness, for advertising, trade and/or publicity purposes without additional compensation in all media now known or hereafter discovered, worldwide and on the World Wide Web, without notice, review or approval. Potential prize winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release via overnight mail upon receipt of attempted notification. If documents are not returned on a timely basis, or if prize is returned as non-deliverable, or if potential winner is found to be ineligible or not in compliance with these Official Rules, such prize will be forfeited and awarded to an alternate winner, provided sufficient time remains to verify alternate winner and ticket prize, otherwise prize will not be awarded. By participating in this Sweepstakes, you acknowledge and agree that Best Buy Stores, L.P., may collect the personal information submitted by you, and use the information pursuant to its privacy policy available on-line at www.bestbuy.com or by calling 1-888-BEST BUY.
8. LIMITATIONS ON LIABILITY: Sponsor, Sweepstakes Administrator and the Sweepstakes Entities are not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, postage due, unintelligible, non-delivered, misdirected, stolen entries; or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer on-line systems, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorized access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, computer hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Sweepstakes or in any Sweepstakes-related materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Persons who tamper with or abuse any aspect of the Sweepstakes or Web site, as solely determined by the Sponsor, will be disqualified (and all associated entries will be void), and Sponsor reserves the right to terminate such entrant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Sponsor, Sweepstakes Administrator and the Sweepstakes Entities are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from the Web site. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend or terminate the Sweepstakes, and select winners for the corresponding drawing from all non-suspect, eligible entries received for such drawing(s) prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Without limiting the release provided above, and for greater certainty, Sponsor, Sweepstakes Administrator and the Sweepstakes Entities will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilized in the Sweepstakes, or by any technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer on-line systems, servers or providers, computer equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any Web site or combination thereof; or (e) damage to a participant’s or other person’s system or equipment occasioned by participation in this Sweepstakes. In the event of dispute as to ownership of a winning Entry, the authorized account subscriber of the e-mail address provided at the time of entry, as indicated by Sponsors’ records, will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the 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. The potential Winner may be required to show proof of being the authorized account subscriber.
IN NO EVENT WILL SPONSOR, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, ITS RESPECTIVE ADVERTISING OR PROMOTION AGENCIES OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SWEEPSTAKES ADMINISTRATOR, OR SWEEPSTAKES ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SWEEPSTAKES SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM WWW.BESTBUY.COM OR ANY OTHER WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SWEEPSTAKES SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. CHOICE OF LAW: Any and all legal actions or claims arising in connection with this Sweepstakes must be brought in a court of competent jurisdiction in Minneapolis, Minnesota. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Minnesota law, without reference to Minnesota choice of law rules, governs the Sweepstakes and all aspects related thereto.
10. RULES/WINNER’S NAME: To view the Official Rules and/or obtain the Winner’s name, send a self-addressed stamped envelope in a separate, first class stamped envelope to: Best Buy Musical Instruments & Spin Magazine’s “Spin@Stubb’s Flyaway” Sweepstakes, 8205 Santa Monica Blvd, PO BOX # 194, West Hollywood, CA 90046-5958. Please specify “Rules” or “Winner’s Name”. VT residents may omit return postage for Official Rules requests must be received by March 7, 2010. Winner’s name available after March 17, 2010, and requests must be received by April 17, 2010. Limit one (1) rules request and one (1) winner’s name request per person/household. Official Rules will also be available on www.spin.com/MIaustin during the Sweepstakes Period.
11. SPONSOR: Best Buy Stores, L.P., 7601 Penn Avenue South, Richfield, MN. 55423; Spin Magazine, 408 Broadway, 4th Floor, New York, New York 10013.
12. SWEEPSTAKES ADMINISTRATOR: NCompass International, Inc. 8223 Santa Monica Blvd., West Hollywood, CA 90046.