E: 13/06 WIN 1 Fender Mark Hoppus Signature Guitar (Gleam)

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https://www.himynameismark.com/blogs/blog/win-1-fender-mark-hoppus-signature-guitar

Hi My Name Is Mark wants to give you (1) Fender Mark Hoppus Signature guitar (signed). No purchase necessary. Contest is limited to Legal residents 18+ older, residing on the planet Earth, (Russia ineligible). 

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OFFICIAL HMNIM HOPPUS FENDER GUITAR RULES 

NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE

HMNIM LLC., is giving fans a chance to win 1 Fender Mark Hoppus Signature Guitar (Open Worldwide) (the “Contest”). This Contest is governed by these Rules, as well as by HMNIM’s Official General Contest Rules (“General Rules”). In the event there is a discrepancy or inconsistency between these Rules and the General Rules, these Rules shall govern. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules and to the extent applicable the General Rules, as well as by all interpretations of these Rules by HMNIM and by all other decisions of HMNIM which are final and binding in all matters relating to the Contest.

NO PURCHASE NECESSARY:

No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.

APPLICABLE LAW (VOID WHERE PROHIBITED):

All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.

CONTEST SPONSORS:

The sponsors of the contest is HMNIM LLC., 6310 San Vicente Blvd

ste. 501 Los Angeles, CA 90048 (the “Sponsor”).

ENTRY PERIOD:

Contest entries must be received between Monday, June 06, 2022 at 11:00 am PT and Monday, June 13, 2022 at 12:00 am PT (the “Entry Period”).

ELIGIBILITY:

Geographical, Age and Parental Consent Requirements: The Contest is open to all residents of the planet Earth.  If Participant has not reached the age of majority in the State or Commonwealth in which the Participant resides, Participant’s parent or legal guardian must submit an entry on behalf of Participant.   All legal responsibilities of a minor Participant under the Rules will be assumed by a parent or legal guardian and a minor winner’s Prize (as defined below) will be awarded in the name of the parent/legal guardian for the benefit of the minor.

Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of HMNIM, any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of the Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.

Past Prize Winners: Participants who have won an HMNIM contest in the last thirty (30) days or who have won prizes valued over six hundred dollars ($600) from an HMNIM contest in the last twelve (12) months are ineligible.

Employer Restrictions:  Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests.  Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.

HOW TO ENTER:

During the Entry Period, eligible Participants can enter in the following way:

Via the Internet:

During the Entry Period eligible participants can go to http://himynameismark.com and follow the entry instructions.  All participants must accurately complete all required fields or entry will be deemed invalid.  In order to participate, you will need Internet access and a valid email address.  Multiple entries per person, as per the contest app.  Internet entries will be deemed made by the authorized account holder of the email address submitted at the time of entry.  The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider or other organization that is responsible for assigning the email address or the domain associated with the submitted email address.  Entries submitted will not be acknowledged or returned.  Use of any device to automate entry is prohibited.  Proof of submission of an entry shall not be deemed proof of receipt by Sponsors. The Contest administrator’s computer is the official time-keeping device for the Contest.

Entries Are the Sole and Exclusive Property of Sponsors: All Contest entries and/or related submissions become the sole and exclusive property of the Sponsors upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.

False Fraudulent or Deceptive Entries or Acts: Participants who, as determined by Sponsors in their sole discretion, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.

ODDS OF WINNING:

The odds of winning will depend on the number of eligible entries received.

WINNER SELECTION:  

One (1) winner will be selected via random drawing conducted by the Sponsors on or about June 13th, 2022 from among all eligible entries received.  Winner will be contacted by Sponsors by email on or about  June 14th, 2022.

PRIZES:

One (1) winner will receive (1) Brand New Mark Hoppus Signature Fender Guitar (the “Prize”).  Approximate retail value of the Prize is One thousand 2 hundred and Eighty-five dollars ($1,285).  If winner has already purchased said guitar, they may choose to keep this prize or ask for a refund for their previously paid for guitar.  

No transfer, assignment or substitution of a prize is permitted, except Sponsors reserve the right to substitute an item of equal or greater value in the event an advertised prize is unavailable to the extent permitted by law. Any difference between the actual value and the approximate retail value of any prize will not be awarded.

Sponsors are not responsible for any cancellations or delays in travel and have no obligation to reimburse, refund or otherwise substitute any tickets awarded as part of the Prize due to such cancellations or delays.

Sponsors are not responsible for any cancellation, postponement, or rescheduling of the concert and have no obligation to reimburse, refund or otherwise substitute the concert tickets for another prize should the performance not be rescheduled.

Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or Social Security Number. The Social Security Number will be used for tax-reporting purposes. Sponsors reserve the right to deny awarding the Prize if the winner fails to provide satisfactory identification, as determined in the Sponsors’ sole discretion.

TAXES:

California residents will be required to pay all federal, state and local taxes (except as specifically provided for herein $99.59) are solely the responsibility of the winner.  Winner will be required to complete and submit an IRS Form W-9 or the equivalent including winner’s full Social Security Number for receipt of any prize valued at $600 or more or for any prizes awarded by the Sponsors  in a calendar year with an aggregate value of $600 or more.  Failure to submit a complete W-9 or equivalent will result in disqualification and forfeiture of the prize.

PARTICIPATION PROBLEM DISCLAIMER: 

Even if alleged to be caused by the sole or partial negligence of the Sponsors, the Sponsors are not responsible for any problems which affect or result from participation or attempted participation in the Contest. This includes but, is not limited to, the following problems:

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CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:

Sponsors reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, “bugs”, tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest. The decision of any Sponsor to cancel, terminate, modify or suspend the Contest shall be final in all respects.

WARRANTIES AND REPRESENTATIONS:  

By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Sponsors; (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules; and (iv) have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein.

RELEASE OF LIABILITY AND INDEMNIFICATION: 

As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE HMNIM LLC, Mark Hoppus, other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision.  This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.

Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542.  Section 1542 of the Civil Code of the State of California states:

 

“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims.  Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.

PUBLICITY RELEASE:

Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Sponsors  permission to, from time to time, reference and discuss Participant and their participation in the Contest on-air and/or on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Sponsors deem proper.  Such reference and discussion may involve Participant’s name and voice, and other personal/biographical material or their participation on-air.

DISQUALIFICATION:

All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated.  Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.

CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.  

RULES CHANGES AND INTERPRETATIONS: 

Sponsors reserve the right in their sole discretion to supplement or make changes to these Rules at any time. Sponsors reserve the right in their sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.

GOVERNING LAW AND JURISDICTION:

This Contest shall be governed by and construed in accordance with the laws of the State of Indiana, without reference to its conflict of laws principles.  By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of Indiana and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any contest.

ARBITRATION:

To the fullest extent permitted by law, by participating in the Contest, you understand and agree that: (i) the Federal Arbitration Act applies to this agreement, and if the parties are unable to resolve their dispute amicably, it shall be resolved by means of binding arbitration (not in a court of law); (ii)             any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action (even if the rules and procedures of the arbitration tribunal allow class arbitrations); (iii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event and under no circumstances will entrants or winners be permitted to obtain awards for attorneys’ fees, and you hereby waive all rights to claim punitive, incidental, or consequential damages, or any other form of damages, other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; (iv)          if for any reason a claim or dispute regarding the Contest or these Rules proceeds in court rather than through arbitration, there will not be a jury trial.  

 

GENERAL RULES/LIST OF WINNERS: 

Copies of these Rules and/or the General Rules may be obtained by sending a self-addressed stamped envelope to:  6310 San Vicente Blvd Ste 501 Los Angeles CA 90048. These Rules and the General Rules may also be found at http://himynameismark.com.

For a list of any Contest winners send a self-addressed, stamped envelope to: HMNIM Flyaway‘s Winners List, 6310 San Vicente Blvd Ste 501 Los Angeles CA 90048.

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