ProMark x Yamaha Larnell Lewis Giveaway

Official Rules

NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA. ENTRANTS FROM CANADA (EXCEPT QUEBEC), THE UK, IRELAND, GERMANY, AND THE NETHERLANDS MAY HAVE MORE BENEFICIAL RIGHTS UNDER MANDATORY CONSUMER LAWS IN THOSE JURISDICTIONS WHICH WILL APPLY IRRESPECTIVE OF THE ABOVE CHOICE OF LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE.

1. Eligibility: The ProMark x Yamaha Larnell Lewis Giveaway (the “Sweepstakes”) is open to individuals who are at least the legal age of majority in their state/province/country and are a legal resident of one of the fifty (50) United States, the District of Columbia, United Kingdom, the Netherlands, Germany, Ireland, and Canada (except Quebec), excluding each jurisdiction’s respective overseas territories, at the time of entry with a valid email address (each an “Entrant”). Employees, contractors, directors, officers, and agents of D’Addario & Company, Inc. (“Sponsor”), its parent, affiliates, subsidiaries, distributors, sales representatives, authorized retailers, artists, and advertising, promotion and judging agencies and all other service agencies involved with the Sweepstakes, and members of the immediate family (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and household of each such employee (whether or not related) are not eligible to enter or win. This Sweepstakes is void where prohibited or restricted by law.

Entrant fully and unconditionally agrees to these Official Rules. Winning a Prize is contingent upon fulfilling all requirements set out below.

2. Sponsor: D’Addario & Company, Inc. 595 Smith Street, Farmingdale, New York, 11735.

3. Sweepstakes Entry Period: The Sweepstakes begins on November 13, 2024 at 9:00 AM EST and ends on December 5, 2024 at 11:59 PM EST (the “Sweepstakes Entry Period”). All Entries must be received before the Sweepstakes Entry Period end time/date to be valid.

4. How to Enter: During the Sweepstakes Entry Period, go to https://www.daddario.com/players-circle/perks/giveaways/emad (“Website”) and complete and submit the form by providing your first and last name, email address, country, and primary instrument to receive one (1) entry into the Sweepstakes (“Entry”). Individuals who do not follow all instructions, do not provide the required information in the Entry form, do not fully complete and/or submit the Entry form, and/or do not abide by these Official Rules or other instructions of Sponsor may be disqualified, all in Sponsor’s sole discretion. Limit: One (1) Entry per person/e-mail address during the Sweepstakes Entry Period.

Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not enter with multiple e-mail addresses nor may Entrants use any other device or method to enter multiple times or as multiple Entrants. Any Entrant who attempts to enter with multiple e-mail addresses, under multiple identities, or uses any device or method to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s sole discretion. Multiple Entrants are not permitted to share the same e-mail address. Should multiple users of the same e-mail account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the Entrant, the authorized account holder of said e-mail account at the time of Entry will be considered the Entrant. “Authorized Account Holder” is defined as the individual who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. The potential winner may be required to show proof of being the Authorized Account Holder to the extent necessary.

5. Drawing: On or around December 6, 2024, sponsor will randomly select one potential winner among all eligible Entries received during the Sweepstakes Entry Period. Odds of winning a prize depend on the number of eligible Entries received by Sponsor.

On or around December 6, 2024 potential winners will be notified via the e-mail address and/or telephone number provided during entry into the Sweepstakes. Potential winners are subject to verification. If a potential winner is found not to be in compliance with these Official Rules, if attempted notification or any prize is returned as undeliverable, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the prize as stated, then winner may be disqualified and the prize may be forfeited in Sponsor’s sole discretion. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate Entrant who will also be selected randomly. Except where prohibited, and to the fullest extent permitted by applicable law, potential winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and a Publicity Release, within seven (7) business days of attempted notification or prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of Entrants.

6. One (1) Prize: One Grand prize package consisting of One (1) Yamaha Recording Custom Stainless Steel Snare Drum 14"x7", Twelve (12) Pairs of ProMark Larnell Lewis Signature Drumsticks, One (1) Pair of ProMark Light Nylon Brushes, One (1) ProMark Transport Deluxe Stick Bag, One (1) ProMark Short Sleeve Tee Shirt, One (1) ProMark Long Sleeve Tee Shirt, One (1) ProMark Hat, One (1) EVANS Magnetic Drum Key, One (1) EVANS UV1 Drumhead - (14-inch), One (1) EVANS Coated Black Hydraulic Drumhead - (14-inch), One (1) EVANS UV2 Tom Pack - (10/12/16-inch), One (1) EVANS Clear EQ3 Batter Drumhead - (22-inch), Two (2) EVANS Snare Side 300 Drumheads- (14-inch). Average Retail Value (“ARV”): up to $1247 USD, $1696 CAD, £954 GBP, €1130 EURO, (“Grand Prize”).Limit: one (1) Prize per person/email address/household. Prizes are non-transferable and no cash equivalent or substitution of Prize is offered, except at the sole discretion of the Sponsor. If 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. Prize winners will be solely responsible for all applicable federal, state and/or local taxes, and for any other fees or costs associated with the Prize they receive, regardless of whether it, in whole or in part, is used. Please allow 4-6 weeks for shipment of Prize after confirmation. Prize values are based on the conversion rates as of September 12th, 2024, and the difference, if any, shall not be awarded.

7. Release; Limitation of Liability: As a condition of entering and to the maximum extent permitted by law, Entrants agree (and agree to confirm in writing): (a) to release Sponsor, Facebook, Inc., X Corp., Instagram, Inc., and their affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees and agents (“Released Parties”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession, and/or use or misuse of any Prize; (b) under no circumstances will any Entrant be permitted to obtain awards for, and Entrant hereby knowingly and expressly waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses and/or any rights to have damages multiplied or otherwise increased; (c) all 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; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. This paragraph will not apply to entrants in the UK or European Union. UK and European Union entrants generally: Where permitted by law, Sponsor and its affiliates, subsidiaries, retailers, and agents, and each of their officers, directors, employees, and agents will not in any circumstances be responsible or liable to compensate a winner or accept any liability for any loss, damage, personal injury, or death occurring as a result of taking up the prize except where it is caused by the negligence of Sponsor, its affiliates, subsidiaries, retailers, or agents. Statutory rights available to consumers under local law are not affected by this paragraph. In particular, with respect to Entrants residing in Germany, the before-mentioned limitations of liability shall not limit in any way our liability for (i) breach of Essential Contractual Obligations (“Essential Contractual Obligations” are contractual obligations which must be fulfilled to permit proper execution of the Official Rules and the fulfillment of which may regularly be relied upon by Entrant when entering into these Official Rules), however, our liability for slightly negligent breaches of Essential Contractual Obligations shall be limited to typically foreseeable damages; (ii) death; (iii) bodily injury or illness; (iv) acts of gross negligence; (v) acts of premeditation (intentional breach); (vi) liability which is based on a guarantee (i.e. an express commitment to be liable for damages even in the absence of any negligent or intentional breach); and (vii) product failures under the German Product Liability Act (Produkthaftungsgesetz), if applicable. In particular, with respect to Entrants residing in France, the before-mentioned limitations of liability shall not limit in any way our liability for (i) death; (ii) personal bodily injury or illness; (iii) acts of gross negligence; (iv) acts of and premeditation (intentional breach); and (v) violations of cardinal contractual obligations and for liability which is based on a guarantee, in particular the legal warranty (including the warranty for hidden defects) owed by the manufacturer of the products awarded as prizes.

8. Publicity: Except where prohibited by law, each winner grants (and agrees to confirm this grant in writing, if requested) permission for Sponsor and those acting under its authority to use his/her name, photograph, and/or likeness, for advertising and/or publicity purposes related to this Sweepstakes in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.

9. General Conditions: Except where prohibited by law, the Sponsor is not responsible for lost, late, misdirected, undelivered, incorrect, or inaccurate Entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes, the Website, or by any technical or human error which may occur in the processing of the Entries. Sponsor reserves the right, subject to the entrants’ reasonable prior notice, to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, bugs, virus, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes and/or Website, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor may randomly award the Prize(s) from among all eligible, non-suspect Entries received prior to cancellation. To the fullest extent permitted by applicable law, Sponsor is not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions, the Website, or network connections that are human or technical in nature. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the Entry process, the Website, or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law in some territories, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Nothing in this Section 9 shall be interpreted as limiting the Released Parties’ liability beyond the limitations of liability set out in Section 7 above.

10. Governing Law & Jurisdiction: To the fullest extent permitted by applicable law, this Sweepstakes and its Official Rules are governed by the laws of the State of New York, United States of America, without giving effect to the conflict of laws rules thereof. Entrants from the UK have additional rights under applicable consumer and other laws, regulations and codes in the UK. For Entrants residing in the Netherlands, and Ireland, the above choice of law does not restrict the application of mandatory consumer protection laws in the Entrant’s country of residence to the extent such mandatory consumer protection laws are more favorable for the Entrant than the law chosen. Any matters or proceedings arising out of this Sweepstakes shall take place in the State of New York, in the County of Suffolk. However, Entrants from the UK, the Netherlands and Ireland may additionally bring actions in their local courts, and any proceedings against Entrants from the Netherlands and Ireland may only be brought in the courts in the country where they are domiciled.

11. Entrant's Personal Information: Please see the Privacy Policy located at http://www.daddario.com/DaddarioPrivacyPolicy.Page for details of Sponsor’s policy regarding the use of personal information collected in connection with this Sweepstakes. The Privacy Policy does not form part of these Official Rules. By entering this Sweepstakes, you understand that your personal information collected in connection with this Sweepstakes will be collected, stored, and processed in the United States of America. Except where prohibited by law, if you are selected as a winner, your information may also be included in a publicly-available winner’s list.

12. Winner’s List: U.S. consumers may obtain a winner’s list by mailing a self-addressed, stamped envelope to: 595 Smith Street, Farmingdale, NY 11735. Requests must be received by January 6th, 2025. Outside of the U.S., consumers may contact marketing@daddario.com instead.