Fender My Favorite Mod
Prize Draw
Official Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF
ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Fender My Favorite Mod Prize Draw (the “Prize
Draw”) is open only to individuals who are legally residing in the United
Kingdom (“UK”) and the fifty United States and District of Columbia (“U.S.”)
who are at least eighteen years old at the time of entry. Employees of Fender Musical
Instruments Corporation (”Sponsor”), Merkle Inc. (“Administrator”), and their parent
and affiliate companies as well as the immediate family (spouse, parents,
siblings, and children) and household members of each such employee are not
eligible. The Prize Draw is subject to all applicable laws and regulations and
is void where prohibited. Participation constitutes entrant’s full and
unconditional agreement to these Official Rules. Sponsor’s and Administrator’s
decisions are final and binding in all matters related to the Prize Draw.
Winning a prize is contingent upon fulfilling all requirements set forth
herein.
For U.S. Residents Only: By submitting the registration form you
agree to receive email marketing communications from Sponsor. You may opt-out
of these email communications at any time. Should you choose to opt-out during
the Promotion Period your Sweepstakes entry will continue to be valid as long as it meets all other criteria required by these
Official Rules. If you have previously opted-out of
marketing communications from Sponsor you will not be re-added to Sponsor’s
email list.
For UK Residents: UK Residents will have the optional opportunity to subscribe to email marketing from Sponsor. Participation is not mandatory, and you may unsubscribe from these email communications at any time.
B. Enter by Posting on
Instagram: To enter on
Instagram, you will need to have a public, personal Instagram account.
Creating an Instagram account is free but subject to its Terms of Use.
During the Promotion Period, take the
following actions to earn an entry:
(2)
Take a photo of your modified Fender guitar or go to the Prize Draw Site for a linked free image
(each, a “Photo”);
(3)
Post the Photo in your Instagram feed and include the hashtag
for your country of residence -- #FenderModSweepstakesUS for U.S. or
#FenderModPrizeDrawUK for UK -- in the original caption to your post (your “Post”). Note: Instagram Stories
and Instagram Reels will not be deemed entries. In addition
Instagram in-feed posts where the required hashtag is included in a comment
rather than the caption of the original post also will not be deemed entries.
(4)
Your
Post need not include any reference, positive or negative, to Sponsor’s
products or services other than the required Photo, and
including such a reference will not improve your chance of winning.
However, your Post must not violate any of the Content Restrictions for your
Entry on Instagram listed below;
(5)
Your
account settings must be public when you Post and remain public until the
prizes are awarded (as described in Section 7); and
(6)
You
must not change your Instagram handle once you post to enter this Prize Draw
and until the prizes are awarded (as described in Section 7).
Content Restrictions for your Entry on Instagram:
·
Your
Post must be a photo only, videos not permitted;
·
Your
Post must not convey any claims regarding Sponsor’s products or services that
would be deemed unsubstantiated or deceptive if made by Sponsor. If you include
a reference to Sponsor’s products or services in your Post, such reference must
be based upon your personal knowledge and reflect your honest opinion;
·
Your
Post must not make references to or include: alcohol,
illegal drugs, marijuana, tobacco, or firearms/weapons, any activities that are
or appear to be dangerous, or any political agenda;
By posting content to Instagram that
conforms to all of the above requirements, you will
receive one entry into the Prize Draw. Sponsor, in its reasonable discretion,
may disqualify any Post that it finds unlawful, or in violation of these
Official Rules.
6. Prize Drawing and Winner Requirements: Administrator is an independent organization whose
decisions as to the selection of the potential winners
are final and binding. Administrator will randomly
select the potential winners from all eligible entries received during the
Promotion Period, on or around July 30, 2025. Potential winners who entered by
registering on the Prize Draw Site will be notified by email from
Administrator. Potential winners who entered by posting on Instagram will
receive a direct message from @Fender directing them to complete an online form
providing their name, address, email address and birth date within three days
of the date notice or attempted notice is sent. If a Grand Prize winner is a
U.S. resident, winner will also be required to sign and return a Declaration of
Compliance, Liability Waiver and where not prohibited a Publicity Release
("Declaration") which must be received by Administrator within three
days of the date notice or attempted notice is sent by email, in order to claim
the prize. If a Grand Prize winner is a UK resident, winner may be required to
provide their name, home mailing address (P.O. Boxes may not be permitted), and
date of birth to confirm eligibility and for purposes of prize fulfillment
within three days of the date notice or attempted notice is sent by email in order to claim the prize. Other than the initial DM to
winners who entered on Instagram, all other communications related to the prize
drawing, including Declarations, will be sent to potential winners by email
from Administrator.
If a potential winner of any prize cannot be
contacted, fails to sign and return the Declaration (if applicable) or provide
any other requested information within the required time
period, or the prize is returned as undeliverable, the potential winner
forfeits the prize. Receiving a prize is contingent upon compliance with these
Official Rules. In the event that a potential winner
is disqualified for any reason or forfeits the prize, Sponsor will award the
applicable prize to an alternate winner by random drawing from among all
remaining eligible entries, time permitting.
7.
Prizes, Approximate Retail Value (“ARV”), and Odds
of Winning:
A. Prizes:
Twenty
Grand Prizes: One Fender Player II Modified Telecaster®
guitar. Style, color, features and all other details will be
determined by Sponsor in its reasonable discretion. ARV: $1,029.99 USD; £999.
Additional
Terms: Prizes are non-transferable, and no substitution will be
made except as provided herein at the Sponsor’s reasonable discretion. Sponsor
reserves the right to substitute a prize (or component thereof) for one of
equal or greater value if the designated prize should become unavailable for
any reason. Where applicable, winners are responsible for all taxes and fees
associated with prize receipt and/or use. Winners from the U.S. will receive an
IRS Form 1099 MISC reporting the actual value of the prize received. ARVs are
determined as of the time these Official Rules were published
and the value of a prize may fluctuate. A winner is not entitled to any
difference between the ARV and the actual value of the prize at the time the
prize is awarded. Prizes will be fulfilled approximately 8-12 weeks after
winner confirmation. Limit of one prize per household.
B. Total ARV: The total ARV of all prizes in the Prize
Draw available to US winners is $20,599.80 USD.
C.
Odds
of Winning: The odds of winning a prize depend on the total
number of eligible entries received during the Promotion Period.
8.
Release:
For US entrants: By receipt of any prize, winners agree
to release and hold harmless Sponsor, Administrator, Instagram, Inc., Meta
Platforms, Inc. and their respective subsidiaries, affiliates, suppliers,
distributors, advertising/promotion agencies, and prize suppliers, and each of
their respective parent companies and each such company’s officers, directors,
employees and agents (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage
arising in any manner, directly or indirectly, from participation in this Prize
Draw and/or acceptance, use, inability to use, misuse or redemption of a prize
(including any injury or harm related thereto).
For UK entrants: Where permitted by law, Sponsor,
Administrator and and their affiliates, subsidiaries,
retailers, and agents, and each of their officers, directors, employees and
agents (“Sponsor Affiliates”) will not be responsible or liable to compensate a
winner or accept any liability for (i) any losses that were not caused by any
breach of these Official Rules by Sponsor, Administrator and/or Sponsor
Affiliates (ii) any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, loss of goodwill, or wasted expenditure),
or (iii) any indirect or consequential losses that were not foreseeable to both
at the time winner began participating in the Prize Draw or using, if
applicable, any Prize. Sponsor, Administrator and the Sponsor Affiliates will
also not be responsible for any delay or failure to comply with its obligations
under these Official Rules if the delay or failure is attributable to
circumstances beyond Sponsor’s, Administrator’s and/or Sponsor Affiliates’
reasonable control. This provision does not affect a prize winner’s right to
receive the relevant prize within a reasonable time. Nothing in these Official
Rules limits or excludes Sponsor’s, Administrator’s and/or Sponsor Affiliates’
responsibility to UK entrants for fraudulent representations or for death or
personal injury caused by negligence or willful misconduct.
9. Publicity: Except where
prohibited by applicable law, acceptace of a prize
constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s
name, entry on Instagram, prize information, likeness, photograph (including
but not limited to winner’s Instagram profile photo), social handle, voice,
opinions and/or hometown and state for promotional purposes in any media,
worldwide, without further payment or consideration. Sponsor is not obligated
to use any of the above-mentioned information or publicity materials but may do
so and edit such information or materials at its sole discretion, without
further obligation or compensation.
10. General Conditions: Sponsor reserves
the right to cancel, suspend and/or modify the Prize Draw if any fraud,
technical failures, human error, or any other factor impairs the integrity or
proper functioning of the Prize Draw, or any event or cause beyond Sponsor’s
control (e.g. events such as natural calamities, national emergencies, wide
spread illnesses, declarations of war, acts of God, acts of terrorism)
interferes with any aspect of the Prize Draw, including but not limited to
fulfillment of the prize(s), as determined by Sponsor in its reasonable
discretion. In such event, Sponsor may elect to hold a random drawing from
among all eligible entries received up to the date of discontinuance and may
modify the prizes offered herein. Sponsor reserves the right, in its reasonable
discretion, to disqualify any individual it finds to be tampering with the
entry process or the operation of the Prize Draw, including but not limited to submitting
fraudulent entries, or to be
acting in violation of the Official Rules of this or any other promotion offered
by Sponsor or in an unsportsmanlike or disruptive manner. Any attempt by any
person to deliberately undermine the legitimate operation of the Prize Draw may
be a violation of criminal and civil law, 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. In no event will more prizes than are stated in these
Official Rules be awarded. If, due to technical or human error, more prize
notifications are sent (or more claims are received) than the number of prizes
offered as set forth in these Official Rules, Sponsor reserves the right to
award the intended number of prizes to the intended, eligible prize claimants
selected. In the
event there is a discrepancy or inconsistency between any other statements
contained in any Prize Draw-related materials and the Official Rules as posted
on the Prize Draw Site, the Official Rules as posted on the Prize Draw Site
shall prevail, govern and control.
11. Limitations of Liability: Except
as prohibited by law, and subject to the express exception for UK residents in
Section 8 above, the Released Parties are not responsible for: (a) any
incorrect or inaccurate information either caused by printing errors or by any
of the equipment or programming associated with or utilized in the Prize Draw
or provided by entrants; (b) technical failures of any kind, including but not
limited to malfunctions, interruptions or disconnections to the internet, in
phone lines or network hardware or software; (c) unauthorized human
intervention in any part of the Prize Draw, including but not limited to the
entry process; (d) technical or human error which may occur in the
administration of the Prize Draw, including but not
limited to the processing of entries; (e) late, lost, undeliverable,
damaged or stolen mail; or (f) to the extent permitted by applicable law, any
injury or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from entrant’s participation in the Prize
Draw, or to the receipt, use, inability to use, or misuse of any prize.
If for any reason an entrant's entry is confirmed to have been erroneously
deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is
another entry in the Prize Draw, if it is possible.
12.
Disputes: Except where
prohibited, entrant agrees that: (a) any and all disputes, claims and causes of
action arising out of or connected with this Prize Draw or any prize awarded shall be resolved individually,
without resort to any form of class action, and exclusively by the United
States District Court for the Eastern District of Michigan or the appropriate
Michigan State Court located in Oakland County, Michigan; (b) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Prize Draw, but in no
event attorneys’ fees; and (c) under no circumstances will entrant be permitted
to obtain awards for, and entrant hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages
multiplied or otherwise increased. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of the entrant and Sponsor in connection
with the Prize Draw, shall be governed by, and construed in accordance with,
the laws of the State of Michigan without giving effect to any choice of law or
conflict of law rules (whether of the State of Michigan or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Michigan.
For UK entrants:
Entrants from the UK, the law of your place of residence shall apply to the
extent that the mandatory law of your place of residence is more favorable than
the laws of the State of Michigan. Entrants from the UK agree to submit to the
non-exclusive jurisdiction of the courts of the State of Michigan, which means
that such UK entrants may bring a claim to enforce their consumer protection
rights in connection with these Official Rules in the State of Michigan or in
the UK.
13. Severability: If the
application of any provision of these Official Rules to any particular facts or
circumstances shall for any reason be held to be invalid, illegal or
unenforceable by a court, arbitration panel or other tribunal of competent
jurisdiction, then (a) the validity, legality and enforceability of such
provision as applied to any other particular facts or circumstances, and the
other provisions of these Official Rules, shall not in any way be affected or
impaired thereby; and (b) such provision shall be enforced to the maximum
extent possible. In addition, if any provision contained in these Official
Rules shall for any reason be held to be excessively broad as to duration,
geographical scope, activity or subject, it shall be construed by limiting and
reducing it, so as to be enforceable to the extent
compatible with applicable law.
14. Entrant's Personal
Information: When you enter this Prize Draw, you provide certain
personal data to the Sponsor, including your valid email address and/or your
Instagram handle. For this purpose, the Sponsor is a data controller of any
personal data that you provide. Where the provision of any personal data is
marked as a mandatory field for the purposes of the Prize Draw, should you
refuse to provide such data, your entry into the Prize Draw will not be valid.
Personal data will be used to administer the Prize Draw, contact potential
winners and allocate the prizes and for any other purposes notified in
Sponsor’s Privacy Policy. The processing of your personal information for these
purposes is necessary for the performance of the contract entered between you
and the Sponsor when entering the Prize Draw. Your
personal data will be retained for as long as necessary for the administration of the Prize Draw,
contacting potential winners and allocating the
prizes. Your personal data will then be archived to
be used in the event of a litigation or dispute for the applicable statute of
limitations, or for as long as required by applicable laws - after which point
your personal data will be deleted. All personal data collected in connection with the Prize Draw will be
processed by the Sponsor and the Administrator and will be stored on servers
and computer systems which are based in the United States of America. For additional
information about the Sponsor’s processing of any personal data that you
submit, please visit Sponsor’s privacy policy for your country of residence: US Privacy Policy or UK Privacy Policy. Sponsor’s Privacy Policies set out further details
in relation to any rights that you have in relation to the data that you
provide, including
how to contact Sponsor. The
Administrator acts in the
capacity of a data processor, processing such personal data on the instructions
of the Sponsor. The Administrator may, from time to time, receive
formal requests from U.S. government agencies for personal data collected in
connection with the Prize Draw. The Administrator has a process to
receive, assess and respond to such requests which include reasonable legal
challenge where appropriate. In some circumstances, the Sponsor and/or
the Administrator may be required, under U.S. law, to share your personal data
with U.S. governmental authorities, courts, or other regulators..
15. Winner List: Please see this winners list for the
names of the winners. The winner list will be posted after winner confirmation
is complete.
© 2025 Merkle Inc. All rights reserved.
This promotion is in no way
sponsored, endorsed or administered by, or associated with, Instagram, Inc. or
Meta Platforms, Inc.