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AUTOGRAPHED MOTO HELMET

CONTEST GIVEAWAY

OFFICIAL RULES

No Purchase Necessary to Enter or Win 

A purchase will not increase your chances of winning

 

1) ELIGIBILITY.  Subject to that set forth herein, this giveaway (“Giveaway”) is open to persons 18 years of age or older from June 24, 2019 who are U.S. citizens (“Entrant(s)”). This Giveaway is sponsored by Fox Head, Inc., a CA corporation located at 16752 Armstrong Avenue, Irvine, CA 92606 (“Sponsor”).  Employees, shareholders, officers, directors, agents and representatives of Sponsor, together with their immediate family members and those living in their household, and the promotion and advertising agencies of the Giveaway, if any, together with their employees, shareholders, officers, directors, agents and representatives, and their immediate family members and those living in their household, as well as each person or entity connected with the production, administration or judging of the Giveaway, and each parent company, affiliate and subsidiary of any aforementioned entity, and their employees, shareholders, officers, directors, agents and representatives, together with their immediate family members and those living in their household, are not eligible to participate in this Giveaway.  

 

2) GIVEAWAY PERIOD. The Giveaway will take place from June 24th, 2019 at 9:00am Pacific Standard Time through July 2nd, 2019 at 11:59pm Pacific Standard Time (the “Giveaway Period”).  The Giveaway is subject to these official rules/terms and conditions (“Official Rules”).

 

3) HOW TO ENTER. Fill out the contest entry form on www.foxracing.com within the Giveaway Period in accordance with these Official Rules (“Submission(s)”). Entrants are permitted to submit only one (1) Submission.  Duplicate Submissions by the same Entrant will be subject to automatic disqualification. 

 

4) SELECTION AND NOTIFICATION OF SELECTED ENTRANT(S).  All eligible Submissions received during the Giveaway Period will be entered into a random drawing held by two (2) representatives of Sponsor sometime on June 3rd, 2019 at a time freely chosen by Sponsor to determine the tentative Winner of the Giveaway: ONE (1) WINNER in total FOR ONE (1) PRIZE as defined hereunder (the “Selected Potential Winner”).  The Selected Potential Winner will have a chance to win one (1) prize for this Giveaway (“Prize”), as described in section 5 hereunder.  The Selected Potential Winner will be announced via e-mail on July 4th, 2019 (“Notification Date”). The Selected Potential Winner will need to sign a declaration of eligibility / liability / publicity release (“Release”), which must be completed and returned to Sponsor in the manner specified by Sponsor promptly after the date the Selected Potential Winner is notified. By entering this Giveaway, the Selected Potential Winner grants to Sponsor the right to use their name and likeness (as well as the name/likeness of any person appearing in the Submission including minors, if any) and Submission for marketing purposes as per Sponsor’s sole discretion in compliance with the law.  In some cases, the Selected Potential Winner may also be required to provide his/her U.S. Social Security Number (for tax form purposes), birth date, current address and other contact information. An alternate Potential Winner for the Prize (“APW”) may be randomly selected, as freely decided by Sponsor who will not be obliged to do so, from among the remaining eligible entries if the Selected Potential Winner, in Sponsor’s sole reasonable discretion: (i) cannot be swiftly or easily reached; (ii) fails to respond with the required information in a timely manner as required in these Official Rules; or (iii) cannot accept or receive the Prize for any reason. That set forth herein shall apply mutatis mutandi to the APW. All Giveaway entries are subject to verification by Sponsor prior to awarding of the Prize.  Eligibility, age, and any and all other claims shall be subject to verification by Sponsor prior to the actual awarding of the Prize. After successful verification, the Selected Potential Winner (or APW, as appropriate) will become the winner of the Prize (“Winner”).

5) PRIZE. If eligible under these Official Rules, ONE (1) WINNER will receive the following Prize (THERE IS ONE (1) PRIZE in total): A signed motocross helmet

 

The Giveaway has an approximate overall estimated retail value (“ARV”) of: US$500

 

The Winner is not entitled to any surplus between the actual retail value of the Prize and the stated ARV, and any difference between the stated ARV and actual value of the Prize will not be awarded.  No substitution, transfer, or cash redemption of Prize provided however that Sponsor reserves the right to substitute the Prize with another prize of equal or greater value should the Prize become unavailable for any reason. IMPORTANT: ANY AND ALL USE/ACTIVITIES RELATED TO THE PRIZE/THIS GIVEAWAY ARE AT THE WINNER’S OWN RISK, INCLUDING THE RISK OF DEATH AND PERSONAL INJURY AS WELL AS DAMAGES OF ANY KIND (INCLUDING, DAMAGES TO PROPERTY AND OTHERS), AND SUBJECT TO WHATEVER RESTRICTIONS ARE IMPOSED BY THE ENTITIES THAT GOVERN THE REFERRED USE/ACTIVITIES, IF ANY, OR BY ANY LOCAL/STATE/NATIONAL AUTHORITIES/LAWS. If the Winner does not want a portion of the Prize, that portion is forfeited.  ALL ADDITIONAL COSTS, INCLUDING TAXES, ARE THE SOLE RESPONSIBILITY OF THE WINNER.

 

A.           ODDS.  The odds of winning depend on the total number of eligible entries received.

 

B.            CONDITIONS. This Giveaway is subject to these Official Rules. Important: By participating, Entrants expressly agree to be bound by these Official Rules.  All decisions of Sponsor are final and binding; and Entrants agree to waive any right to claim ambiguity in the Giveaway or these Official Rules, except where prohibited by law.  By entering, each Entrant warrants and represents the following with respect to Entrant’s Submission: (a) Entrant is the legitimate owner of the information/images included in his/her Submission; (b) the Submission will not infringe on any rights of any third parties; and (c) any third parties appearing/referred to in any way in the Submission or elsewhere, if any, have given Entrant appropriate consent to be used as permitted herein (or Entrant has appropriate and sufficient legal authority to grant the rights set forth herein to Sponsor). Sponsor reserves the right to request releases from any third parties appearing/referred to in any Submissions, or elsewhere, at any time.  IMPORTANT: FAILURE TO PRODUCE THIRD PARTY RELEASES UPON SPONSOR’S REQUEST WILL RESULT IN AUTOMATIC DISQUALIFICATION. PROVIDING A SUBMISSION CONSTITUTES ENTRANT’S CONSENT TO GIVE SPONSOR A ROYALTY-FREE, REVOCABLE, PERPETUAL FOR HISTORICAL PURPOSES, NON-EXCLUSIVE LICENSE TO, AMONG OTHER THINGS (AS PER SPONSOR’S SOLE DISCRETION), USE, REPRODUCE, MODIFY, PUBLISH, CREATE DERIVATIVE WORKS FROM, AND DISPLAY SUCH SUBMISSIONS, AND RELATED DOCUMENTATION, IN WHOLE OR IN PART, ON A WORLDWIDE BASIS AND THROUGHOUT THE UNIVERSE, AND, WITHOUT LIMITATION, TO INCORPORATE IT INTO OTHER WORKS, IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED, FOR ANY PURPOSE WHATSOEVER, INCLUDING FOR PROMOTIONAL OR MARKETING PURPOSES, AS PER SPONSOR’S SOLE DISCRETION.  BY ACCEPTING THE PRIZE, THE WINNER AGREES TO RELEASE, FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS SPONSOR AND SPONSOR’S AFFILIATES, TOGETHER WITH THEIR RESPECTIVE OWNERS, SHAREHOLDERS, MEMBERS, DIRECTORS, EMPLOYEES, OFFICERS, LICENSEES, LICENSORS AND AGENTS OF EACH, INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE ADVERTISING AND PROMOTION ENTITIES, IF ANY, AND ANY PERSON OR ENTITY ASSOCIATED WITH THE PRODUCTION, JUDGING, OR ADMINISTRATION OF THIS GIVEAWAY (COLLECTIVELY, “RELEASEES”) FROM ANY AND ALL LIABILITY, LOSS, COST, EXPENSE OR DAMAGE,           BUT WITHOUT LIMITATION, ARISING, FROM OR IN CONNECTION WITH, BUT WITHOUT LIMITATION, THE AWARDING, RECEIPT, MALFUNCTION AND/OR USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS GIVEAWAY, ETC. SPONSOR RESERVES THE RIGHT TO USE THE GIVEAWAY FOR PUBLICITY PURPOSES IN ANY MEDIA, AND TO USE THE NAME, LIKENESS, SUBMISSION AND HOMETOWN NAME AND/OR PRIZE INFORMATION AND/OR OTHER INFORMATION OF THE WINNER (AND THOSE APPEARING IN THE SUBMISSION INCLUDING MINORS, IF ANY) AS PART OF THAT PUBLICITY, WITHOUT ANY COMPENSATION OR PRIOR REVIEW/FURTHER CONSENT OF WINNER, IN COMPLIANCE WITH THE LAW. TAXES, IF ANY, ARE THE SOLE RESPONSIBILITY OF WINNER. When appropriate Winner will be issued an IRS Form 1099, or as needed, for the ARV of the awarded Prize for which such paperwork is warranted. Important: This Giveaway is void wherever restricted or prohibited by law (e.g., where subject to mandatory registration or bonding requirements, etc.), and subject to applicable federal, state and local laws. Therefore, the residents of any State where this Giveaway is or may be restricted or prohibited by law, if any, as confirmed by Sponsor at any given time before or after the Notification Date (“Excluded States”) cannot participate in the Giveaway; be that as an Entrant, Selected Potential Winner, APW, Winner or in any other capacity as set forth herein, should any of them be a resident of the Excluded States; thus, Sponsor reserves the right to disqualify such Entrants without penalty. Sponsor also reserves the right to, without penalty, disqualify any Entrant it finds to be tampering with the entry process or the operation of the Giveaway or violating these Official Rules.  Sponsor reserves the right at its sole discretion to amend the Official Rules and to terminate the Giveaway and, if terminated, at its discretion, select the Selected Potential Winner/APW in a random drawing, as specified herein, from among all eligible, non-suspect entries received prior to action taken. SPONSOR ALSO RESERVES THE RIGHT TO CANCEL THIS GIVEAWAY FOR LEGITIMATE PURPOSES, AS PER THE SPONSOR’S SOLE OPINION, WITHOUT PENALTY. Important: Releasees shall not be liable to the Winner for, without limitation, failure to supply the Prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, 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 similar or dissimilar cause beyond any of the Releasees’ reasonable control. Important: The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, including the Submissions and related documents, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials including the Submissions; (iv) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of the Prize, or from participation in the giveaway or submitting or use of a Submission; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Giveaway.  SPONSOR MAY PROHIBIT ANY ENTRANT FROM PARTICIPATING IN THE GIVEAWAY OR WINNING THE PRIZE IF, IN ITS SOLE REASONABLE DISCRETION, IT DETERMINES SUCH ENTRANT IS ATTEMPTING TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IN ANY WAY by, for example, cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Entrants or Sponsor or Sponsor’s representatives.  Very Important: By participating in this Giveaway Entrants understand that there may be risks not known to them or reasonably foreseeable at this time yet it is a condition precedent for Entrants to participate in the Giveaways that they waive and relinquish all rights and benefits which Entrants now have, or in the future may have, under and by virtue of the terms of Section 1542 of the Civil Code of the State of California, which section reads as follows:

 

A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

Please pay special attention to the above waiver. We suggest that you please read it again. Do not hesitate to seek legal counsel of your own if necessary to fully understand the implications thereof.

 

C.            DISPUTES.  Any and all disputes between Sponsor and Entrants regarding these Official Rules and/or the Giveaway will be governed by the internal laws of the State of California without regard to its conflict of laws principles. Any and all legal actions or claims arising in connection with the Giveaway must be brought in a court of competent jurisdiction within Orange County, California. IMPORTANT: ENTRANTS’ PARTICIPATION IN THE GIVEAWAY IS SUBJECT TO ENTRANTS CONSENTING TO BE SUBJECT TO THE PERSONAL JURISDICTION OF SAID COURTS/CALIFORNIA LAW AS SET FORTH HEREIN. CAUTION: ANY ATTEMPT TO UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM PARTICIPATION IN THE GIVEAWAY.  SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING REASONABLE ATTORNEY/COURT FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

 

D.           PRIVACY.  All personal information collected by Sponsor will be used for administration of the Giveaway and also for the purposes set forth herein. In addition, Entrants may receive email correspondence from, or on behalf of Sponsor subject to Sponsor’s privacy policy.  Sponsor uses reasonable commercial efforts to comply with Federal CAN-SPAM guidelines, and other relevant laws and regulations, and entrants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in the email. Any questions regarding privacy matters should be directed to the address set out below.  Please refer to Sponsor’s privacy policy located at www.foxracing.com/us/info/privacy for important information regarding the collection, use and disclosure of personal information by Sponsor.

 

E.            OFFICIAL RULES AND WINNER’S LIST.  For a copy of these Official Rules or the Winner’s list for this Giveaway, send your request to: Fox Head, Inc. (e-commerce dept.), re. AUTOGRAPHED MOTO HELMET GIVEAWAY, @ 16752 Armstrong Avenue, Irvine, CA 92606.  Any such request must be received before the Notification Date.

Copyright © 2019, Fox Head, Inc.  All rights reserved.

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