“OVERDRIVEN MFG’S Epiphone® Les Paul Gold Glory” SWEEPSTAKES
(THE “SWEEPSTAKES”)
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED
The Sweepstakes is sponsored by Overdriven Manufacturing, LLC (the “Sponsor”) and administered by Casey Legal, PC (the “Administrator”).
1. SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00 a.m. Eastern Time (“ET”) on January 1, 2024 and ends at 11:59 p.m. ET on December 31, 2024 (the “Sweepstakes Period”) or once 500 packs of Overdriven MFG picks are sold. For purposes of these Official Rules, all times are given in Eastern Time.
2. ELIGIBILITY: All participants must be: (A) a legal permanent United States residents of the forty-eight (48) contiguous United States and the District of Columbia (excluding overseas military installations and other U.S. territories); (B) of legal age of majority in their country/state of residence at the time of entry; (C) able to produce a valid form of identification; (the “Entrant”). Employees, officers and directors of Sponsor and each of its subsidiaries and affiliates, distributors, vendors, advertising/promotion agencies, and any others engaged in the development, production, execution or distribution of the Sweepstakes, including, but not limited to the entities supplying the Grand Prize (collectively referred to herein as “Sweepstakes Entities”) as well as their immediate family members (spouses, siblings, children and parents, regardless of where they live) or members of the same households (whether related or not) of such employees, officers and directors are not eligible to participate. All federal, state and local laws and regulations apply. Sweepstakes is void in Quebec, outside of the forty-eight (48) contiguous United States and wherever else prohibited or restricted by law.
3. HOW TO ENTER: An individual meeting the eligibility criteria listed above may enter the Sweepstakes during the Sweepstakes Period by one of the following methods of entry:
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VIA A PURCHASE: Visit www.overdrivenmfg.com (the “Website”) and make a qualifying purchase to receive one (1) entry for every pack of guitar picks purchased at the Website or in person. Entrant will need to provide all of the required information as requested in order to submit and complete a purchase. If purchase is returned prior to Sweepstakes drawing, eligible entries will be voided. Upon completion of the purchase, Entrant will automatically receive the entry or entries for each purchase of guitar picks at the Website or in person. Sponsor is not responsible for any entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. There will be no limit on the number of entries received with a purchase on overdrivenmfg.com.
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MAIL IN ENTRY: To receive an entry into the Sweepstakes without making a purchase, on a plain 4” x 6” postcard (ENVELOPE ENTRIES WILL NOT BE ACCEPTED), legibly handprint in black ink your first name, last name, complete address (including city, state and zip code), telephone number (including area code), date of birth, e-mail address (if available), and the code “Live on Overdrive” to: C Casey “Win Overdriven MFG’s Epiphone® Les Paul Gold Glory” P.O. Box 2743, Chester, VA 23831. Entries must be postmarked By February 25, 2024 and received by March 1, 2024. Each postcard is considered three (3) entries into the Sweepstakes. Entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. All entries submitted become the sole property of Sponsor and will not be returned. Sweepstakes Entities are not responsible for lost, late, misdirected, illegible, postage due or damaged mailed entries.
Regardless of the method of entry, there is a limit of one hundred (100) entries per Entrant during the Sweepstakes Period. Any attempt by any Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entries and that Entrant may be disqualified from the Sweepstakes. Entry information becomes property of Sponsor and will not be returned. Sponsor and/or Independent Administrator will not verify receipt of entries for Entrants.
Without limitation, Sponsor reserves the right in their sole discretion to disqualify any Entrant whose social media account that, in their sole opinion, refers, depicts or in any way reflects negatively upon the Sponsor, the Sweepstakes or any other person or entity; does not comply with these Official Rules; or if Sponsor receives notification about any potential infringements or breaches of law or any other reason set forth herein.
This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram®, Facebook®, Epiphone® or Gibson®. Entrants understand that the information being provided at point of entry is being provided to the Sponsor solely, and not to Instagram® or Facebook®.
By submitting an Entry, you confirm that you have read, understand and agree to abide by these Official Sweepstakes Rules. All entrants and entries are subject to verification before the awarding of a prize, as are the eligibility, age and other claims of information provided by a potential prize winner. In a dispute, Entries will be declared made by the authorized account holder of the email address submitted with at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to show proof of being the authorized account holder.
4. GOVERNING LAW/JURISDICTION: Unless the laws relevant for the domicile of the Entrant provide otherwise, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants or Sponsor in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States.
5. DRAWING/ODDS: There will be one (1) random drawing held on or about 3 days after the sweepstakes end, whether by selling out of picks or by time period conclusion in which one (1) grand prize winner (the “Grand Prize Winner”) will be selected from among all eligible entries timely received in accordance with section 3. Odds of winning the grand prize (the “Grand Prize”) will depend upon the total number of timely submitted eligible entries received in accordance with section 3. The random drawing will be conducted by the Independent Administrator, whose decisions are based upon its sole discretion and interpretation of these Official Rules and are final and binding in all respects.
6. WINNER NOTIFICATION AND CONDITIONS: The entrant selected as Potential Grand Prize winner is subject to verification of eligibility and compliance with these Official Rules. Potential Grand Prize Winner will be notified via e-mail and telephone within approximately two (2) business days of the date in which the Potential Grand Prize Winner is selected and eligibility verified (the “Notification”). In order to claim his/her Grand Prize, the potential Grand Prize Winner must respond to the Notification within the time frame indicated by providing the Required Documents (as defined below). The Sponsor or Administrator will attempt to notify the winner a maximum of two times. If a Potential Grand Prize Winner fails to respond within three (3) calendar days of the first attempt at notification, a second and final attempt to notify the Potential Grand Prize Winner will be made. In the event that: (a) the Potential Grand Prize Winner fails to respond to the Notification within three (3) calendar days of the second attempt; (b) the potential Grand Prize Winner fails to supply the Required Documents; (c) any Notification is returned as undeliverable; and/or (d) it is determined by the Sponsor, in its sole discretion, that the potential Grand Prize Winner is not eligible in accordance with these Official Rules, such potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected at random from among all remaining non-winning eligible entries received during the Sweepstakes Period. The alternate Grand Prize Winner will be subject to disqualification in the same manner.
Except where prohibited, the potential Grand Prize Winner must sign and return to the Independent Administrator an affidavit of eligibility/release of liability/publicity release (the “Release”) and IRS form W-9 (US Residents) or IRS form W-8BEN (Canadian Residents) in order to claim the Grand Prize (collectively, the “Required Documents”) within the time frame indicated in the Notification. If the Grand Prize Winner is a Canadian Resident, he/she must correctly complete a mathematical skill testing question. If the potential Grand Prize Winner fails to sign and return the Required Documents within the required time period, or incorrectly answers the mathematical skill testing question, the potential Grand Prize Winner forfeits his/her right to the Grand Prize and an alternate Grand Prize Winner will be selected at random from among all remaining non-winning eligible entries received during the Sweepstakes Period. The Grand Prize Winner consents to use of his/her name, likeness, biographical information, and voice (or any derivation thereof) in advertising worldwide without additional compensation (TN residents will not be required to sign a publicity release as a condition of winning the Grand Prize).
7. Taxes: The Grand Prize is taxable as income and the Grand Prize Winner is solely responsible for any taxes on the Grand Prize, including, but not limited to all applicable federal, state, provincial and local taxes. The Independent Administrator must report the value of the Grand Prize to the IRS in the year the Grand Prize is received by the Grand Prize Winner and will be reported to the Grand Prize Winner and the IRS in the form of a Form 1099 for Form 1042-S. In the event it is deemed during the verification process that the potential Grand Prize Winner does not have a unique, personal and valid social security number for Sponsor (or any party acting on its behalf) to report the tax liability associated with acceptance of the Grand Prize, the potential Grand Prize Winner will be disqualified and another potential Grand Prize Winner will be selected from among the remaining non-winning eligible entries received during the Sweepstakes Period. Valid social security numbers will be determined by IRS requirements.
8. GRAND PRIZE: One (1) Grand Prize Winner will receive a Epiphone® Les Paul Gold Glory (the “Grand Prize”). Grand Prize Winner will be solely responsible for any applicable taxes (federal, state, local, sales and/or income) and any expenses not listed herein related to the acceptance and use of the Grand Prize. Sponsor will not be liable to make any payment in addition to the prize amount set forth in these official rules. Sponsor does not make, nor is Sponsor in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Grand Prize, including but not limited to its quality, fitness for purpose or mechanical condition; the only representation/warranty/guarantee that may be provided, if any, are those of the manufacturer and/or dealer. The Grand Prize Winner assumes all responsibility for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of the prize. Grand Prize Winner must accept delivery of the guitar within 7 days of notification that the guitar is ready to be shipped to the Grand Prize Winner’s residence. Grand Prize Winner is required to comply with any and all applicable federal, state and local laws, rules and regulations. Any difference between stated MSRP and actual value of the guitar will not be awarded. Total approximate retail value of the Grand Prize is $750. Prize can be substituted, at the election of the Potential Grand Prize winner, for a $400 certified check.
9. PRIZE REDEMPTION: Prize redemption to be arranged between Sponsor and Potential Grand Prize Winner upon confirmation of Winner status. If Potential Grand Prize Winner makes the decision to collect the Grand Prize rather than have it shipped, Potential Grand Prize winner will be responsible for all expenses incurred to travel to Sponsor for collection.
10. GUITAR CONDITIONS: The Grand Prize Winner shall bear all risk of loss or damage to the Guitar after it has been delivered. The depiction of the Guitar in any advertising or promotional materials or physical display may not reflect the actual guitar delivered to the Grand Prize Winner.
11. PRIZE RESTRICTIONS: Grand Prize cannot be substituted, assigned, transferred, or redeemed for cash except at Sponsor’s sole discretion or as otherwise provided herein. Sponsor reserves the right to substitute Grand Prize with a prize of comparable or greater value if advertised Grand Prize cannot be awarded for any reason. Grand Prize Winner is required to comply with any and all applicable federal, state, provincial and local laws, rules and regulations. The Grand Prize Winner is solely responsible for any taxes on the Grand Prize he/she has received, including but not limited to any and all federal, state and local taxes. No more than the one (1) Grand Prize as set forth in these Official Rules will be awarded. Neither Sponsor nor Administrator will replace any damaged, lost or stolen prize once it is turned over to the shipping carrier or to the Potential Grand Prize winner if the winner chooses to travel to Sponsor to collect the Grand Prize. By accepting the Grand Prize, the Winner shall release the Sponsor and Administrator from all liability and responsibility for use of the prize.
12. PERSONAL INFORMATION: Sponsor, Administrator and their authorized agents will collect, use, and disclose the personal information you provide when you enter the Sweepstakes for the purposes of administering the Sweepstakes and prize fulfillment. By entering this Sweepstakes, Entrants consent to such collection, use and disclosure of your personal information.
By accepting a prize, each winner agrees to Sponsor’s use of his/her name, city/state, province of residence, picture, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to the Sweepstakes in any media format, whether now known or hereafter developed, including, but not limited to, the world wide web, at any time or times in perpetuity, without further compensation or notice, except where prohibited by law. Aggregate and anonymized Sweepstakes winner information may be sued by the Sponsor and Administrator to communicate about the Sweepstakes to its retailers and distributors.
13. GENERAL CONDITIONS AND LIMITATIONS OF LIABILITY: All federal, state, provincial and local taxes on the Grand Prize are the sole responsibility of the Grand Prize Winner, if applicable. By participating in this Sweepstakes, each Entrant agrees: [a] to abide by and be bound by these Official Rules and the decisions of the Sponsor and Independent Administrator which shall be final in all respects relating to the Sweepstakes, including without limitation the interpretation of these Official Rules; and [b] to release, discharge and hold harmless Sponsor, its franchisees, licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers, and any other individual or company involved in the development or execution of the Sweepstakes, including the Independent Administrator, from any and all injuries, liability, losses, damages, rights, claims and actions of any kind including liability for personal injury or death resulting from his/her participation in the Sweepstakes or their acceptance, use or misuse of the Grand Prize.
Sponsor, its licensees, subsidiaries, affiliates, advertising agencies, promotional agencies and suppliers and any other individual or company involved in the development or execution of the Sweepstakes, including the Independent Administrator, and each of their respective directors, officers, shareholders and employees are not responsible and shall not be liable for; [a] electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction; [b] unauthorized access to or alterations of entry materials; [c] technical, network, telephone equipment, electronic, computer, hardware or software malfunctions; or [d] limitations of any kind or inaccurate transmissions of or failure to receive information by Sponsor on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. Sponsor and / or Independent Administrator are not responsible for lost, late, incomplete, incorrect, damaged, misdirected, or illegible entries or any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted. ENTRANTS AGREE THAT SPONSOR AND INDEPENDENT ADMINISTRATOR HAVE NO LIABILITY WHATSOEVER FOR, AND ENTRANTS SHALL HOLD THE SWEEPSTAKES GROUP HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) TO PERSONS OR PROPERTY RESULING FROM (A) ENTRY OR PARTICIPATION IN THIS SWEEPSTAKES, INCLUDING ACCESS TO AND USE OF THE SWEEPSTAKES WEBSITE, (B) ANY CLAIMS BASED ON PERSONALITY OR PRIVACY RIGHTS, DEFAMATION OR PRIZE DELIVERY, OR (C) THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE. SWEEPSTAKES GROUPS IS NOT RESPONSIBLE FOR ANY UNDELIVERED E-MAILS, INCLUDING WITHOUR LIMITATION E-MAILS THAT ARE NOT RECEIVED BECAUSE OF A WINNER’S PRIVACY OR SPAM FILTER SETTINGS WHICH MAY DIVERT ANY NOTIFICATION OR OTHER E-MAIL, INCLUDING ANY WINNER NOTIFICATION E-MAIL, TO A SPAM OR JUNK FOLDER. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Grand Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Independent Administrator. Entries which contain false information, are incomplete, inaccurate or are otherwise forged, defective, or made outside authorized channels, including those which have failed due to malfunction or failure of phones, phone lines, telephone systems or networks, server, providers, computer equipment, software or any combination thereof of any kind, any human error or otherwise, shall be void. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE 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 RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSISTIUTE A WAIVER OF THESE PROVISIONS.
Sponsor reserves the right to suspend or modify this Sweepstakes, or these Official Rules, in whole or in part, at any time and without notice or obligation if, in Sponsor’s sole opinion, the Sweepstakes is not capable of running as planned, including, but not limited to, by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Sponsor’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes. Sponsor reserves the right at its sole discretion to void any suspect Entries and : (a) terminate the Sweepstakes, or any part thereof; (b) modify or suspend the Sweepstakes, or any portion thererof, to address the impairment and then resume the Sweepstakes, or relevant portion in a manner that best conforms to the spirit of these Official Rules; and/or (c) award the prize from among the eligible, non-suspect entries received up to the time of the impairment in accordance with the winner selection criteria discussed above. Notice of such action may be posted on the Website. All federal, state and local regulations apply.
ENTRANTS AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND/OR CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR THE GRAND PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF VIRGINIA WITHOUT REGARD TO PRINCIPLES OF CONFICTS OF LAW; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES, IF ANY, BUT IN NO EVENT WILL ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS’ FEES OR BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore such exclusions may not apply to you.
14. SPONSOR’S CONTACT INFORMATION: Overdriven Manufacturing, LLC., 751 Thimble Shoals Boulevard, Ste E, Newport News, VA 23606.
15. INDEPENDENT ADMINISTRATOR’S CONTACT INFORMATION: Casey Legal, PC, 309 North 6th Avenue, Hopewell, VA 23860.
16. WINNERS LIST: Winner to be posted on promotion website and may be posted on Instagram® and Facebook® after confirmation of winner and up until January 31, 2025.
17. OFFICIAL RULES: Visit the Website for a copy of these Official Rules during the Sweepstakes Period.
This Sweepstakes shall not be published without written permission by Sponsor.
Epiphone® is not a Sponsor or Participant in this Sweepstakes.