CONTEST RULES

FIRESIDE CONCERTS

It’s cold outside, but it’s warm by the fire

Official Contest Rules

1.     THE CONTEST.

(a)   Fretboard Brewing Company, LLC (“Fretboard”) is pleased to announce its Fireside Concerts Contest (the “Contest”). Beginning in October, and running through January, Fretboard will conduct three random drawings for a backyard acoustic concert at winner’s home (“Contest Event”), including an acoustic artist selected by Fretboard and prize pack valued at $750. If you elect to enter the Contest (each such person, an “Entrant”), then you agree to be bound by the terms and conditions set forth in these Official Contest Rules (the “Contest Rules”), and you agree to be bound by Fretboard’s interpretations of the Contest Rules.

(b)  NO PURCHASE NECESSARY. Unless otherwise noted, no purchase is necessary to enter or win a prize. Any purchase or payment will not improve your chances of winning.

(c)   APPLICABLE LAW (VOID WHERE PROHIBITED). This Contest is 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.

(d)  Contest Rules. Copies of these Contest Rules may be obtained by visiting Fretboard during normal business hours. These General Rules may also be found at: www.fretboardbrewing.com.

2.     ELIGIBILITY.

(a)   Geographical and Age Requirements. This Contest is open only to individuals who: (i) are legal U.S. residents, (ii) who are 21 years of age or older at the time of entry; and (iii) who reside within a fifty (50) mile radius of 5800 Creek Road, Cincinnati, Ohio 45242. This Contest is void outside the USA, in Puerto Rico, the US Virgin Islands, and other US territories.

(b)  Other Restrictions. Employees, contractors, officers and directors of Fretboard, its affiliates, suppliers, distributors and advertising, promotional and judging agencies, and any third party prize providers and/or prize fulfillment service, and members of their immediate families (spouse and biological, adoptive or step-parents, grandparents, children, grandchildren and siblings, and each of their respective spouses regardless of where they reside) or households (whether related or not) of any of the above individuals (collectively, the “Fretboard Parties”) are not eligible to participate in the Contest or win the prize.

(c)   Eligibility Frequency Limit. For this Contest: (i) any Entrant may win only once (1) every ninety (90) days; and (ii) only one (1) winner per household is permitted. “Household members” shall mean people who share the same residence at least three (3) months out of any calendar year.

3.     HOW TO ENTER.

(a)   Contest Registration Page. All entries must be submitted exclusively through the Contest’s registration page (the “Registration Page”). LIMIT ONE ENTRY PER PERSON PER EMAIL ADDRESS. During the Promotion Period, to enter the Contest you must visit the Registration Page located as follows:

(1)   on Fretboard’s website at: www.fretboardbrewing.com

(2)   on Fretboard’s Instagram page at: www.instagram.com/fretboardbrewing

(3)   on Fretboard’s Facebook page at: www.facebook.com/fretboardbrewing.

(4) in Fretboard’s taprooms through Toast Loyalty.

(b)  Entry Form. Once you find the Registration Page, please follow the instructions to complete and submit your entry form (the “Entry Form”) electronically. You will be asked to provide basic contact information, including your name, street address, phone number, and email address. (NOTE: You must complete all required fields of the Entry Form with information that is true and correct as of the date of entry to be eligible). If entering the Contest via Instagram or Facebook, you must be the owner of the email account associated with the Instagram account or the Facebook account from which your entry is made. The Fretboard Parties are not responsible for late, undeliverable, illegible, defective, misdirected, or incomplete entries, regardless of the cause.

(c)   Restrictions on Entry. No third-party entry or entry through any sweepstakes or contest service is permitted. Any person who attempts or otherwise encourages the entry of multiple or false contact information under multiple identities or uses any device or artifice to enter or encourage multiple or false entries, as determined by Fretboard, will be disqualified. Automated or robotic entries submitted by individuals or organizations will be disqualified. Internet entries must be made by the Entrant. Any attempt by the Entrant to obtain more than the stated number of entries by using multiple/ different email addresses, identities, registrations, logins, or any other methods, including but not limited to, commercial contest/ sweepstakes subscription notification and/or entering services, will void Entrant’s entries and that Entrant may be disqualified. Final eligibility for the award of any prize is subject to the eligibility verifications as set forth in the Contest Rules.

(d)  Disputes over Identity of Entrant. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Contest and thereafter a dispute arises regarding the identity of the Entrant, the authorized account holder of the e-mail account or mobile phone account at the time of entry will be considered by Fretboard to be the Entrant. “Authorized Account Holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by Fretboard for online entries. When applicable, Fretboard’ computer network will be deemed the official time keeping device for the Contest. Entries will be disqualified if incomplete when submitted or if the entry otherwise fails to comply with the Contest Rules.  

4.     CONSENT TO CONTEST RULES.

As an express condition to participation in the Contest, you agree: (1) to be bound by these Contest Rules; (2) between you and Fretboard, the decisions of Fretboard are final on all matters relating to the Contest; (3) you are not participating on behalf of any employer or third party; (4) in the event that you do not comply with these Rules, you will be disqualified and your prize (if any) will be forfeited; and (5) the winner must be available to participate in the Contest Event to be considered eligible.

5.     PROMOTIONAL PERIOD. This Contest begins on October 16, 2025 at 12:01 AM EST and ends on January 15, 2025 at 11:59 PM EST (the “Promotional Period”).

6.     WINNER SELECTION.

(a)   Prize winners will be selected by a random drawing from among all eligible entries collected during the Promotional Period taking place on or about the 30th of each month at Fretboard’s Creek Road location. The drawing will be conducted by Fretboard, whose decisions and interpretations on all matters relating to the Contest and the Contest Rules are final and binding in all respects.  

(b)  If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner. Generally, notification is deemed to have occurred immediately upon placing of a phone call or any other method of notification as specified in the Entry Form. Fretboard is not responsible for any change of email address, mailing address, and/or telephone number of Entrants. The Fretboard Parties are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner. If the potential winner fails to claim the prize within the appropriate time given, the Entrant will automatically be disqualified, and their prize will be forfeited.

(c)   Each winner is subject to verification of eligibility. If an Entrant is unable to verify their information, the Entrant will automatically be disqualified, and their prize will be forfeited. If any winner is disqualified, cannot be reached after a reasonable effort, is deemed ineligible for any reason, or is not available to participate in any Contest event, then Fretboard reserves the right to determine an alternate winner in accordance with these Contest Rules.

(d)  Waiver/Declaration of Eligibility. As a condition of participating in the Contest, each Entrant acknowledges and agrees that, in order to receive a prize and be deemed a winner, the Entrant must sign an official waiver form provided by Fretboard and must agree to comply with the Contest Rules. In Fretboard’s sole discretion, any potential winner may be required to sign and return a Declaration of Eligibility and any other form necessary to verify eligibility, along with the required releases before the potential winner shall be qualified to receive any prize. The potential winner’s failure to return all required forms within the required time period may result in the potential winner being disqualified and, in such event, Fretboard may randomly select an alternate winner from among all remaining eligible entries, as determined by Fretboard in its sole and discretion.

(e)   No Warranties. ALL PRIZES ARE AWARDED “AS IS” AND FRETBOARD DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

(f)    Claiming Your Prize. If Fretboard notifies you that you are a winner of the Contest, you must contact Fretboard to accept your prize within seven (7) days of your receipt of notice from Fretboard. If an Entrant fails to accept any prize within seven (7) days, Fretboard reserves the right to award the prize to another Entrant. For purposes of clarity, if you are notified by email, the date the email is sent shall be deemed the Entrant’s date of receipt of notice. If you are notified by telephone, the date the call was made, or the date a voicemail was left, shall be deemed to be the be Entrant’s date of receipt of notice.

(g)   Scheduling your Fireside Concert. Once you accept your prize, if you are a Grand Prize winner, you must schedule your Fireside Concert within ninety (90) days of your acceptance.

7.     PRIZES.

(a)   Odds of Winning. The odds of winning the prize depend on the number of eligible entries received.

(b)  Restrictions Apply. No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Fretboard’s sole discretion. Prize details and availability are subject to change. Fretboard is not the supplier or guarantor of any prize, unless otherwise specified. Prizes may be provided by a third-party. The prize will only be awarded to the winner if the winner properly claims the prize according to these Contest Rules. All costs and expenses related to or arising out of a winner’s acceptance of the prize not expressly described in these Contest Rules as being included in the prize package are the sole responsibility of the winner. PRIZES ARE LIMITED TO ONE PER PERSON.

(c)   Should a promotional gift card be part of the prize, which include any prefunded bank card, a retail gift card, an electronic gift card, stored-value card or certificate, a store card, merchant card, voucher for services or goods, a gift certificate or similar instrument and other redeemable instruments with value credit or the like that may be awarded are subject to terms, conditions and restrictions as set by issuer (collectively, “Gift Cards”). Gift Cards are subject to the terms of use, applicable conditions and restrictions, including any expiration dates, as set by the issuer of the Gift Card. Gift Cards are not transferable, redeemable for cash or exchangeable for any other prize. Redemption of the Gift Card will be subject to the standard terms, conditions and restrictions applicable to the participating merchant and or the card issuer in effect on the date of issuance of the Gift Card. Gift Cards cannot be redeemed for the purchase of other promotional cards. Except as required by law, Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. Fretboard is not responsible if a Gift Card is lost, stolen, destroyed or used without permission and any such Gift Card will not be replaced.

(d)  Fretboard reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in the Contest Rules is unavailable or cannot be awarded, in whole or in part, for any reason. Fretboard will not replace any lost or stolen prize items. Additional terms and conditions may apply to the prize for which  shall not be responsible or liable in any way for cancellations, losses or damages. The approximate retail value of the prize represents Fretboard’s good faith determination. Fretboard’s determination is final and binding and cannot be appealed. Any difference between the stated approximate retail value and the actual value of the prize will not be awarded in cash or in any other manner. All other expenses not specifically mentioned herein are solely the winner’s responsibility.

8.     TAMPERING AND DELIVERY DISCLAIMER.

(a)   Fretboard, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such Entrant’s entries) any person, who Fretboard determines (in its sole discretion) is or is attempting to: (1) tamper with Fretboard’s website and/or any aspect of the Contest; (2) undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices; (3) annoy, abuse, threaten or harass any other entrants, Fretboard, or any of the Fretboard Parties; and/or (4) otherwise violates these Contest Rules.

(b)  ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT FRETBOARD’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY CONSTITUTE A VIOLATION OF THE LAW. SHOULD ANY SUCH ATTEMPT BE MADE, FRETBOARD RESERVES THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT AGREES TO INDEMNIFY AND HOLD FRETBOARD AND THE FRETBOARD PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST.

(c)   The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the Entrant to automatically enter or evaluate repeatedly is prohibited. Fretboard disclaims all liability for any delays, mis-delivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

(d)  Fretboard Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the Contest; (2) any injury or damage to Entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Contest; (3) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Contest; or (6) technical or human error which may occur in the administration of the Contest or the processing of entries.

(e)   Fretboard further reserves the right to: (1) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Contest, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Contest and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of Fretboard, it is impossible or impractical to complete or conduct the Contest as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Contest, by any human error which may occur in the execution of this Contest, or any other causes which effect the operation of the Contest or the rules of the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Contest; and/or (2) stop or conclude the Contest at any time without prior notice. In the event of termination of the Contest by Fretboard, Fretboard reserves the right to award any prize(s) in a manner deemed fair and equitable by Fretboard.

9.     PUBLICITY.

Except where prohibited by law, by accepting a prize, each winner grants Fretboard permission to use their name, characters, images, voices, and likenesses worldwide, in perpetuity, in any and all media now known or hereinafter invented, in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Each winner’s name may be included in a publicly available winners list. As an express condition to entering the Contest, each winner agrees to permit Fretboard to attend their Contest Event and to take photographs and video of the Contest Event for use in marketing and promotional materials.

10.  USE OF PERSONAL INFORMATION.

Fretboard will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Contest Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, Fretboard’s Privacy Policy located on Fretboard’s Website. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that Entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Contest, Entrant understands and acknowledges that their information will be provided to such third party and may be used by the third party consistent with the third party’s privacy policy.

11.  RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY.

(a)   ASSUMPTION OF THE RISK. AS AN EXPRESS CONDITION OF ACCEPTING ANY PRIZE, EACH WINNER HEREBY ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK PRESENT IN HOSTING A FIRESIDE CONCERT, INCLUDING THE PERFORMANCE OF LIVE MUSIC, AT THE WINNER’S RESIDENCE, AND THE PRESENCE AND USE OF A FIREPIT OR FIREPLACE, AND INCLUDING THE PRESENCE OF ONE OR MORE FRETBOARD REPRESENTATIVES, SUCH RISK INCLUDING PERSONAL INJURY AND/OR DEATH AND DAMAGE OR DESTRUCTION OF PROPERTY. EACH WINNER ACKNOWLEDGES AND AGREES THAT WINNER’S PARTICIPATION IN THE CONTEST EVENT IS VOLUNTARY AND WINNER ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING AND EACH WINNER ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT FRETBOARD AND THE FRETBOARD PARTIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.

(b)  RELEASE OF LIABILITY. AS CONSIDERATION FOR FRETBOARD ALLOWING EACH WINNER TO PARTICIPATE IN THE CONTEST, EACH WINNER AGREES TO RELEASE FRETBOARD AND THE FRETBOARD PARTIES FROM ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS AND EXPENSES OF ANY NATURE WHATSOEVER ARISING OUT OF ANY LOSS, DAMAGE TO PROPERTY, OR INJURY TO PERSON OR PERSONS, THAT MAY BE SUSTAINED BY THE WINNER OR ANY THIRD PARTY, ARISING FROM THE CONTEST OR THE CONTEST EVENT. WINNER FURTHER AGREES TO RELEASE AND DISCHARGE FRETBOARD AND THE FRETBOARD PARTIES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND EACH WINNER VOLUNTARILY WAIVES ANY RIGHT THEY MAY OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST FRETBOARD OR ANY OF THE FRETBOARD PARTIES FOR PERSONAL INJURY OR DAMAGE TO PROPERTY.

(c)   By accepting any prize awarded through the Contest, each winner agrees: (1) to release each of the Fretboard Parties from any and all claims in connection with the Contest and the award or use of the prizes; and (ii) where allowed by law, sign a publicity release confirming consent to use the winner’s name/likeness, as provided in Section 9, prior to acceptance of the prize. The Fretboard Parties are not responsible or liable to any Entrant or winner or any person claiming through such Entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Fretboard Parties’ sole control. Upon awarding the prize, Fretboard will have no further obligation to winner.

12.  TAXES.

Any valuation of the prize(s) stated above is based on available information provided to Fretboard, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance. Each winner must provide Fretboard with valid identification and a valid taxpayer identification number or social security number before Fretboard will award any prize. Any person winning over $600 in prizes from Fretboard in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.

13.  CONDUCT AND DECISIONS.

All decisions of Fretboard will be final and binding on all matters relating to this Contest. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Fretboard will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and Fretboard’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each Entrant's sole and exclusive remedy under such circumstances. Any reference in these Contest Rules or as part of the Contest to Fretboard’s “discretion” and/or any exercise of discretion by Fretboard shall mean in Fretboard’s “sole and unfettered discretion.” Fretboard further reserves the right to terminate the Contest if, in its sole judgment, the rules or the integrity of the Contest have been violated or compromised in any way, intentionally or unintentionally by any person whether or not an Entrant in the Contest. In the event the Contest is terminated, Fretboard will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable, material changes to the Contest rules will be available on-line at Fretboard’s website. Fretboard’s failure to enforce any term in these Contest Rules shall not constitute a waiver of this provision.

14.  WINNERS LIST.

To obtain a copy of the list of winners or a copy of these Contest Rules, send your request along with a stamped, self-addressed envelope to Fretboard at 5800 Creek Road, Cincinnati, Ohio 45242 location. To request the name of the list of winners, where permitted by law, or a printed copy of the Contest Rules, please contact Fretboard by email at: marketing@fretboardbrewing.com. Requests for the names of the winners must be received no later than thirty (30) days after the Promotion Period has ended.

15.  BINDING ARBITRATION.

Any controversy or claim arising out of or relating to the Contest shall be settled by binding arbitration in Cincinnati, Ohio. Any judgment awarded by the arbitrator may be entered in any court having jurisdiction over the dispute. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Ohio law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Fretboard shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty (60) days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE CONTEST RULES.

16.  MISCELLANEOUS.

(a)   Fretboard reserves the right to determine eligibility should any special circumstances arise; all such decisions are considered final and binding. Fretboard disclaims any responsibility to notify Entrants of any aspect related to the conduct of the Contest.

(b)  As a condition of participating in the Contest, Entrants agree (and agree to confirm in writing) that: (1) under no circumstances will Entrant be permitted to obtain costs, judgments, or awards against any of the Fretboard Parties except as provided in the Contest Rules, and each Entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, Entrant further waives any rights to have damages multiplied or otherwise increased; (2) any and all disputes, claims, or causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, through binding arbitration as set forth in Section 15 above, without resort to any form of class action; and (3) 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. Participation in the Contest constitutes Entrant’s full and unconditional agreement to, and acceptance of these Contest Rules. Winning a prize is contingent upon Entrant’s fulfillment of all requirements set forth in these Contest Rules.

17.  COMPLIANCE WITH LAW AND GOVERNING LAW.

All issues and questions concerning the construction, validity, interpretation and enforceability of the Contest Rules, or the rights and obligations of Entrant and Fretboard in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to Ohio’s conflict of laws rules, and any matters or proceedings which are not subject to arbitration as set forth in Section 15 of these Contest Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Ohio, in the City of Cincinnati.

ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING IN THE CONTEST ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS; USE DOES NOT IMPLY AFFILIATION OR ENDORSEMENT.