U.S. HOHNER HARMONICAS OZZY GOLDEN TICKET SWEEPSTAKES (THE “SWEEPSTAKES”)
YOU HAVE NOT YET WON A PRIZE NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES OR BE AWARDED A PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE
OFFERED ONLY IN THE UNITED STATES AND OPEN ONLY TO LEGAL RESIDENTS OF, AND LIVING WITHIN, THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCEPT RESIDENTS OF FLORIDA, NEW YORK, AND RHODE ISLAND) WHO ARE 21 YEARS OF AGE OR OLDER AS OF TIME OF ENTRY
VOID WHERE PROHIBITED BY LAW
SUBJECT TO ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS
By entering this Sweepstakes, entrants accept and agree to be bound by these Official Rules. Any violation of these Official Rules may result in disqualification of entrant. All decisions of the Administrator regarding this Sweepstakes are final and binding in all respects.
SPONSOR AND ADMINISTRATOR
The sole sponsor of the U.S. Hohner Harmonicas Ozzy Golden Ticket Sweepstakes (the “Sweepstakes”) is Hohner Musikinstrumente GmbH (“Sponsor”), whose address is Andreas-Koch-Straße 9, 78647 Trossingen, Germany. KHS America, Inc., whose address is 12020 Volunteer Blvd., Mount Juliet, TN 37122, is a U.S. subsidiary of Sponsor and the sole administrator (“Administrator”) of the Sweepstakes. Administrator is responsible for collecting and processing entries and the overall administration of the Sweepstakes. Entrants should look solely to Administrator with any questions, comments, or problems related to the Sweepstakes. The sole contact for Administrator with respect to questions related to the Sweepstakes is Drew Lewis, who can be reached by email at HohnerHarmonicas.firstname.lastname@example.org during Administrator’s normal business hours. Contacting Drew Lewis does not constitute entry into the Sweepstakes and will not improve any entrant’s chances of winning a prize. No correspondence or contact other than that specified in these Official Rules will be accepted as an entry in the Sweepstakes. Outside of the United States, the Sponsor is conducting one or more separate promotions that may award the same or similar type of prizes as this Sweepstakes. However, each such promotion has its own official rules and is conducted separately from these Sweepstakes. Administrator does not administer such promotions, and persons eligible to enter these Sweepstakes are not eligible to participate in or receive official prizes in said promotions.
The Sweepstakes is only offered in the United States and is open only to legal residents of, and living within, the 50 United States (except Florida, New York, and Rhode Island) and the District of Columbia who are 21 years of age or older as of the time of entry, unless otherwise prohibited by federal, state or local law. Residents of Puerto Rico and / or other U.S. territories and possessions are not eligible to enter or win the Sweepstakes. Employees, officers, and directors of Sponsor and Administrator, Sponsor’s and Administrator’s affiliates, and Sponsor’s and Administrator’s advertising and promotion agencies and the immediate families of such employees, officers, and directors (including their parents, siblings, children and spouses) and members of the same household of such employees, officers, and directors (whether or not related) are not eligible to enter the Sweepstakes.
The Sweepstakes begins on April 1, 2017, at 12:00 a.m. Central Time (“CT”) and ends at 11:59 p.m. CT on December 31, 2017 (the “Sweepstakes Period”). Administrator’s computer is the official timekeeping device for the Sweepstakes.
HOW TO ENTER
An individual can enter the Sweepstakes during the Sweepstakes Period using either of two methods:
(1) Purchasing a Hohner Ozzy Osbourne Harmonica from an authorized U.S. Hohner Harmonicas retailer (no purchase is required to win a prize; see below for a free method of entry); or
(2) Mailing, using proper first-class U.S. postage, one fully completed Official Entry Form to U.S. Ozzy Golden Ticket, 12020 Volunteer Blvd., Mount Juliet, TN 37122. An entrant may obtain a free Official Entry Form from Administrator by visiting ozzy.playhohner.com and following the prompts / instructions provided. All mail entries must be postmarked by January 2, 2018, and received by Administrator by January 31, 2018.
An individual may enter as many times as he /she wishes, but each Official Entry Form must be mailed in a separate envelope. Multiple entries received in a single envelope will all be discarded.
All entries become the property of Administrator and will not be acknowledged or returned. No correspondence or contact other than that specified in these Official Rules will be accepted as an entry in the Sweepstakes. Entries that are misdirected, lost, late, incorrect, incomplete, illegible, stolen, mutilated, invalid, postage-due or undeliverable for any reason (including, without limitation, by reason of hardware, software, browser, or network failure, malfunction, or incompatibility with Sponsor’s, Administrator’s or other third-party servers involved in the entry or prize claim processes) will not be eligible. Entries generated by automated means will be void and will not be eligible.
Proof of submission of a completed Official Entry Form by an entrant does not constitute proof of delivery to Administrator of the entry form. Administrator’s decisions with respect to completion and delivery of valid entry forms will be final.
A total of 20 grand prizes will be awarded, each prize consisting of one Ozzy Osbourne Special Edition Hohner Harmonica (each a “Grand Prize”). Approximate total retail value (“ARV”) of each Grand Prize is $579.99. The total ARV of all Grand Prizes to be awarded is $11,599.80. The odds of winning a Grand Prize depend upon the number of valid entries received by Administrator.
HOW THE SWEEPSTAKES WORKS / PRIZE WINNERS SELECTION AND PRIZE CLAIMS
If an entrant who enters the Sweepstakes by purchase finds that the purchased Hohner Ozzy Osbourne Harmonica package contains a gold-colored ticket bearing the words, “You have won one of only 50 unique Ozzy Osbourne harmonicas, played and signed by the Prince of Darkness himself!” (or substantially similar language), and a unique code (a “Golden Ticket”), then the entrant wins one Grand Prize, subject to verification and validation of the Golden Ticket and the entrant’s eligibility and compliance with the Official Rules. An entrant is not a prize winner until the entrant’s Golden Ticket has been verified and it is determined that the entrant has complied with all terms of these Official Rules.
If an entrant finds a Golden Ticket in the purchased package, he or she must begin the prize redemption process by sending an email with the unique code provided on the Golden Ticket to Ozzy@Hohner.de (the “Prize Claim Email”) and following the prompts and / or instructions provided. After an entrant contacts the Prize Claim Email, a representative of Administrator will send the entrant by mail or email, in Administrator’s discretion, various forms that are required to be executed prior to delivery of the prize (including, without limitation, a declaration of eligibility and liability release) (collectively, the “Winner Forms”). The entrant must return the fully completed, executed Winner Forms by mail or other courier, together with the original Golden Ticket, to Administrator at the following address: Ozzy Golden Ticket Found, 12020 Volunteer Blvd., Mount Juliet, TN 37122, to claim the prize. Administrator must receive the winning Golden Ticket and accompanying completed, executed Winner Forms from the entrant within 60 days after the entrant first notifies the Prize Claim Email, or the entrant will forfeit the prize, and the prize may be awarded to an alternate winner. Administrator is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or postage-due claims, mail, Golden Tickets, or Winner Forms. The submission of a prize claim is solely the entrant’s responsibility. Mechanical or other reproductions are void. All prize claim materials submitted become the property of Sponsor and Administrator and will not be returned. Sweepstakes materials, including, without limitation, Golden Tickets, are automatically void if they fail to pass anti-fraud detection measures, or if they are reproduced, mutilated, forged, altered, tampered with, or illegible in any way; if they are obtained outside authorized, legitimate channels, or if they contain printing, production, typographical, mechanical or other error.
On or about February 15, 2018, Administrator will select, on a random basis, 10 entrants from those who entered the Sweepstakes by mail, and each selected entrant will win one Grand Prize, subject to verification of the entrant’s eligibility and compliance with the Official Rules. Administrator will mail or email, in Administrator’s discretion, notice and the Winner Forms (the “Notice”) to each selected entrant at the email or mailing address provided on the entrant’s Official Entry Form on or before February 28, 2018. If a Notice is returned or deemed undeliverable; if the selected entrant fails to return the fully completed, executed Winner Forms by mail or other courier to Administrator at the following address: Ozzy Golden Ticket Found, 12020 Volunteer Blvd., Mount Juliet, TN 37122, within 60 days after Administrator sends the Notice, or if the selected entrant is found to be ineligible or fails to comply with these Official Rules, Administrator may decide, in its sole discretion, that the selected entrant has forfeited the prize, and Administrator may select, on a random basis, an alternate winner from eligible entrants.
Only after Administrator has determined to its sole satisfaction that an entrant has met all eligibility requirements of the Sweepstakes (including, without limitation, the execution and timely return of the Winner Forms, and, if applicable, submission of the original Golden Ticket) will such individual be declared a “winner” of the Sweepstakes. Where a verified winner holds a Golden Ticket, Administrator may, at its option, deliver the winner’s prize either (1) in person at the retail outlet where the winner purchased the Hohner Ozzy Osbourne Harmonica package, at a date and time mutually agreeable to both the winner and Administrator, or (2) by shipping, at Administrator’s expense, the prize to the winner at the mailing address listed by the winner in the Winner Forms within 10 days after Administrator determines that the entrant has met all eligibility requirements and won a prize. Where a winner has been chosen at random, Administrator will deliver the winner’s prize by shipping, at Administrator’s expense, the prize to the winner at the mailing address listed by the winner in the Winner Forms within 10 days after Administrator determines that the entrant has met all eligibility requirements and won a prize.
In case of dispute as to the identity of any entrant, an entry will be declared made by the registered name and mailing address shown in the Official Entry Form, if applicable, or in the Winner Forms. Any potential prize winner may be requested to provide Administrator with proof of identity satisfactory to Administrator proving that such person is the prize winner.
Except where prohibited by law, acceptance of a prize shall constitute and signify the winner’s consent that Sponsor, Administrator, and their affiliates may use the winner’s name, likeness, image, voice, photographs, biographical information, address (city and state) and written statements made by the winner about the Sweepstakes, Sponsor’s or Administrator’s products and Sponsor or Administrator for promotional purposes, in all forms of media, in perpetuity and without monetary payment or additional consideration. Administrator reserves the right to announce the identity of each Sweepstakes prize winner and the prize awarded to each such winner on any of Sponsor’s or Administrator’s marketing platforms such as websites, social sites, or email, or on those of their affiliates.
Any difference between the stated value and the actual value of any prize will not be awarded. If a winner cannot accept prize as stated, the prize may be forfeited. The value associated with a prize may be taxable to the winner as income, and, if so, the winner is solely responsible for any taxes, including, but not limited to, all applicable federal, state and local taxes, that become due with respect to the value of the prize. If Sponsor or Administrator is required to report the value of a prize to the Internal Revenue Service in the year that the winner receives the prize, Sponsor or Administrator will report to the prize winner and the Internal Revenue Service in the form of a Form 1099. Any and all fees, expenses, service charges, gratuities, and other costs related to acceptance and use of a prize not specifically stated herein are solely the responsibility of the individual prize winner. No prize may be substituted, assigned, transferred, or redeemed for cash, except that Administrator reserves the right, in its sole and absolute discretion, to offer a prize winner the option of receiving a cash prize substitute. A winner is responsible for any loss of the prize or damage to the prize after it has been delivered. Administrator will not replace any lost or stolen prizes. Unclaimed and unawarded prizes will not be awarded.
Sponsor and Administrator are not responsible for errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone, computer, hardware or software malfunctions of any kind, or inaccurate transmissions of, or failure of Sponsor or Administrator to receive any entry or prize claim information on account of human or technical problems in any combination thereof. Sponsor and Administrator reserve the right, in their sole discretion, to cancel, terminate, modify or suspend the Sweepstakes if, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to infection by computer virus bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor and Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes). The Sweepstakes is subject to these Official Rules. By entering: (a) participants agree to these Official Rules and the decisions of Administrator, which shall be final and binding in all respects, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (b) participants release Sponsor and Administrator, their directors, officers, shareholders, employees, affiliates, agents, representatives, vendors and such persons’ directors, officers, employees and agents from any and all liability for any claims, injuries, losses, costs or damages of any kind caused by participation in the Sweepstakes or resulting from acceptance, possession, use or misuse of the prizes; and (c) PARTICIPANTS ACKNOWLEDGE THAT SPONSOR, ADMINISTRATOR, AND OTHER RELEASED ENTITIES AND INDIVIDUALS HAVE NEITHER MADE, NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR, ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE PRIZES, INCLUDING BUT NOT LIMITED TO THEIR QUALITY, MECHANICAL CONDITION, OR FITNESS, EXCEPT FOR ANY STANDARD LIMITED WARRANTY OFFERED BY ANY MANUFACTURER OF THE NON-CASH PRIZES. Administrator may prohibit an entrant from participating in the Sweepstakes or winning any prize if, in its sole discretion, it determines that the entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, multiple entries, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s or Administrator’s agents or representatives.
WARNING: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE SPONSOR, ADMINISTRATOR, OR THEIR WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the Tennessee. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Davidson County, Tennessee and all entrants agree to the personal jurisdiction of and venue in such courts. Should there be a conflict between the laws of the State of Tennessee and any other laws, the conflict will be resolved in favor of the laws of the State of Tennessee. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages. The Official Rules have not been authorized, issued or approved by any court, official or agency of the United States, any state or other governmental authority or by any lawyer, law firm or insurance or brokerage company.
USE OF REGISTRATION INFORMATION
WINNERS LIST / OFFICIAL RULES
Additional copies of these Official Rules and a list of prize winners, available after March 15, 2018, may be obtained by visiting ozzy.playhohner.com or mailing a stamped, selfaddressed envelope to:
U.S. Ozzy Golden Ticket Sweepstakes
KHS America, Inc.
12020 Volunteer Blvd.
Mount Juliet, TN 37122
Vermont residents may omit postage. One request per envelope. All mail requests for a winners’ list must be received by Administrator by July 31 2018.