1. Eligibility. NO PURCHASE NECESSARY. The Throwdown Ernie Ball Sweepstakes (“Sweepstakes”) is open and offered only to legal U.S. residents age 13 or older as of October 20, 2009, who, at the time of entry, reside in and are physically located in the United States and the District of Columbia (excluding Rhode Island and U.S. possessions and territories). Employees, directors, officers, agents, licensors, independent contractors and/or affiliates of Hot Topic, Inc., 18305 E. San Jose Avenue, City of Industry, CA 91748 ("Sponsor"), Ernie Ball ("Ernie Ball"), E1 Music ("E1") and each of their respective parent companies, licensees, trustees, subsidiaries, franchises, affiliates and each of their respective immediate family (spouse and parents, siblings and children and each of their spouses) and persons living in the same household of each of the above, regardless of residence and whether or not related, are ineligible to enter or win a prize. By entering the Sweepstakes, you (or your parent/legal guardian if you are a minor in your jurisdiction of primary residence, on their and your behalf) agree to be bound by these terms and conditions. All decisions of Sponsor are final.
2. Entry: Sweepstakes begins at 12:01AM (Pacific Time) on October 27, 2009 and ends at 11:59PM (Pacific Time) on November 25, 2009 and will be conducted and administered at the sole discretion of Sponsor. Enter one time only online at www.hottopic.com, and provide full name, mailing address, email address and telephone number(s) and other information as directed. You may also enter by hand printing your full name, mailing address (with zip code), date of birth, and telephone number(s) on a 3.5" x 5" postcard mailed to: Throwdown Ernie Ball Sweepstakes, c/o Hot Topic Marketing Dept., Hot Topic, Inc., 18305 E. San Jose Avenue, City of Industry, CA 91748. All online entries must be submitted by 11:59PM (Pacific Time) on November 25, 2009. All mailed entries must be postmarked by November 25, 2009, and received no later than 12:00PM PT on November 30, 2009. Limit one entry per person. Entries received that are late, illegible, incomplete, unreadable, damaged, destroyed, delayed, lost, tampered with, incomprehensible, forged, mutilated, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. All entries generated by a script, macro or other automated/repetitive electronic means (except as permitted in these Official Rules) will be disqualified and ineligible for the Sweepstakes. Sponsor is not responsible for late, incomplete or misdirected online entries, computer problems, internet service provider malfunctions or errors, or any internet communication malfunction or error of any kind. For purposes of this Sweepstakes, email addresses are deemed to belong to the individual whose name appears on the email account as owner. Sponsor is not responsible for late, lost, stolen, misdirected, mutilated or postage due mail. Transportation, concessions, and all other costs not specifically referenced herein are the sole responsibility of the participant. By participating in this Sweepstakes, participants elect to share contact information with Sponsor, Ernie Ball and E1 Music. Sponsor's use of information will be in accordance with the Hot Topic, Inc. Privacy Policy: http://community.hottopic.com/content/privacy-security
3. Drawing/Odds: On or about November 30, 2009, Sponsor will randomly draw a winner ("Winner") from among all eligible entries submitted and received. Odds of winning depend on the total number of eligible entries received. Winner will be notified by telephone and/or email (Sponsor reserves the right to determine notification method) on or about the drawing date. Sponsor is not obligated to leave voice mail, answering machine or other message. The decision(s) of the Sponsor in all matters regarding the Sweepstakes are final and binding.
4. Prize: One (1) Grand Prize Winner will receive a prize consisting solely of: (i) One (1) Ernie Ball Power Peg String Winder, (ii) One (1) Large Ernie Ball V-Neck T-Shirt, (iii) Eight (8) Ernie Ball Guitar Straps, (iv) Two (2) packs of Ernie Ball Wonder Wipes, (v) Two (2) packs of Ernie Ball Super Strap Locks, (vi) Two (2) Ernie Ball Ultra Flex Cables, (vii) Two (2) packs of Medium Ernie Ball Guitar Picks, (viii) Six (6) packs of Ernie Ball Earthwood Strings, (ix) Twenty Four (24) packs of Ernie Ball Coated Slinky Strings and (x) Forty Eight (48) packs of Ernie Ball Skinny Top Heavy Bottom Strings. The TOTAL ARV is One Thousand Two Hundred Dollars ($1,200.00) (the "Prize"). Winner must claim Prize within two (2) business days of attempted prize notification or an alternate winner may be selected.
If Prize or notification of Prize is returned as undeliverable, Winner will be disqualified. Prizes may not be transferred, redeemed for cash, or substituted by Winner. The decision(s) of the Sponsor in all matters regarding the Sweepstakes are final and binding.
5. General Conditions: By participating in the Sweepstakes, you, together with your heirs and assigns, (a) release, discharge, indemnify and forever hold harmless Sponsor, Ernie Ball, E1 Music, and each of their respective affiliates, parent companies, licensors, trustees, subsidiaries, franchises, affiliates, licensees, divisions and each of their respective employees, directors, officers, shareholders, independent contractors and agents (collectively, "Releasees") from any liability whatsoever for any and all claims, costs, losses, or damages of any kind (including, without limitation, those related to losses to any person (including death) or personal injury, or damage to property of any kind, infringement or proprietary rights, rights of publicity, privacy or defamation) arising out of or in connection with your or any third party's participation in the Sweepstakes and/or Sweepstakes-related activity including, but not limited to, the use or misuse of any Sweepstakes prize, and (b) agree and acknowledge that Releasees are not responsible for and shall not be liable for: (i) late, lost, stolen, delayed, misdirected, postage due, mutilated, incomplete, unreadable, inaccurate, garbled or unintelligible entries or notices; (ii) telephone system, facsimile, technical or computer malfunctions, lost connections, internet service provider malfunctions, errors or technical difficulties or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes or the processing of entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person (including death) or losses or damages to property of any kind caused, in whole or in part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or use (including, but not limited to, attendance at an event) or misuse of any prize or from participating in the Sweepstakes or any Sweepstakes-related activity (including, without limitation, use of car rental provided as a Prize and any travel to or from any location to receive or use a prize); (v) inability to participate in the Sweepstakes; or (vi) any printing, typographical, human, administrative or technological errors in any material associated with the Sweepstakes. In the event more winner notifications are issued, or more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, a random drawing will take place from among all eligible prize claims for the prize(s) at issue (or from among all persons so notified) to award the proper number of prizes as set forth in these Official Rules. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances. No more than the number of prizes stated in these Official Rules will be awarded. By accepting a Prize, Winner grants Sponsor, Ernie Ball and E1 Music the right to use and publish Winner's name, bio, portrait, picture, voice, likeness, statements and city and state address for any trade, advertising or promotional purpose (including, but not limited to promotion of the Sweepstakes) in any and all known media, in perpetuity, all without further compensation, notification, review or approval, unless prohibited by law. Winner (or parent/legal guardian if winner is a minor) must complete, sign, have notarized and return an Affidavit of Eligibility, Liability Release, and where lawful, Publicity Release within five (5) days of notification. The guest of winner must also sign (or guest's parent if guest is a minor) a Liability Release, and where lawful, Publicity Release. Failure to return documents as specified herein will result in disqualification and forfeiture of the prize. The age of majority varies by state. If applicable, a Prize won by a minor may be awarded in the name of the minor's parent/legal guardian, as determined by Sponsor. If any Winner is deemed to be ineligible, does not comply with these Official Rules or cannot accept a Prize as stated, the Prize will be deemed forfeited and may be awarded to an alternate winner. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Sweepstakes (or any portion of the Sweepstakes) should an error or virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Sweepstakes and, in such situation, to select the winner from among the remaining eligible, non-suspect entries received prior to and/or after the action taken or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. In the event that Sweepstakes is modified, cancelled or suspended, notification of such event will be posted at www.hottopic.com. Sponsor reserves the right to disqualify any individual it finds to be tampering with the entry process, the operation of the Sweepstakes, or to be acting in violation of these terms and conditions, and may prosecute such individuals to the full extent of the law. Sponsor shall have the right to interpret and apply these terms and conditions to individual circumstances in its reasonable discretion. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES, WHICH SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA (EXCLUDING CONFLICT OF LAWS PROVISIONS). VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
6. Winners List: A list of the name(s) of Winner(s) will be posted online at www.hottopic.com on or about November 30, 2009. Also, for a list of winners, mail a self-addressed stamped envelope to: “Throwdown Ernie Ball“ Sweepstakes Winners List, c/o Hot Topic Marketing Dept., Hot Topic, Inc., 18305 E. San Jose Avenue, City of Industry, CA 91748. Requests must be received by April 18, 2010. VT residents may omit return postage.
7. Official Rules. For a copy of the Official Rules, send a self-addressed, stamped envelope (Vermont residents need not affix return postage) to: “Throwdown Ernie Ball” Sweepstakes Official Rules, c/o Hot Topic Marketing Dept, Hot Topic, Inc., 18305 E. San Jose Avenue, City of Industry, CA 91748. Requests must be received by April 18, 2010.