GOOD MAN BRAND 2022 GIFT CARD SWEEPSTAKES OFFICIAL RULES

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GOOD MAN BRAND 2022 GIFT CARD SWEEPSTAKES OFFICIAL RULES

THE GOOD MAN BRAND SWEEPSTAKES

OFFICIAL RULES

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN.  A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.  ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY.  VOID WHERE PROHIBITED.

 

THESE OFFICIAL RULES CONTAIN AN ARBITRATION AGREEMENT, WHICH REQUIRES THAT ALL DISPUTES BE RESOLVED SOLELY BY BINDING ARBITRATION, AND ENTRANTS AGREE TO ONLY PURSUE CLAIMS AGAINST SPONSOR AND/OR SEEK RELIEF ON AN INDIVIDUAL BASIS, AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

 

  1. ELIGIBILITY: The Good Man Brand Sweepstakes (“Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia, excluding Rhode Island, who are at least eighteen (18) years of age or the age of majority in their jurisdiction of residence, whichever is older, at the time of entry. Employees of The House of LR&C, PBC (“Sponsor”) and its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies (collectively “Sponsor Entities”), and their immediate families and household members are not eligible to enter or win.  For purposes of this Sweepstakes, “immediate families” means parents, grandparents, children, grandchildren, and siblings.

 

    1. TO ENTER: To enter the Sweepstakes, you must follow @goodmanbrand, tag us on Instagram, using @goodmanbrand#goodmanbrand, and #sweepstakes, and post a photo/video to IG Stories or newsfeed, tagging @goodmanbrand and #sweepstakes (an “Entry”).  Entries will only be accepted between January 10, 2022 at [12:01 AM] Eastern Time Zone (“ET”) and [February 7, 2022] at [12:00 AM] ET (the “Promotion Period”). Only one (1) entry per person and per Instagram account.  Entries that are lost, late, misdirected, illegible, incompletely received, or incomplete, for any reason, will not be eligible and are not the responsibility of the Sponsor.  Proof of sending will not be deemed to be proof of receipt.  In the event of a dispute over the identity of a potential winner, the winning entry will be declared made by the authorized account holder of the Instagram account submitted at the time of entry, and any potential winner may be required to provide evidence sufficient to show that s/he is the authorized account holder of such Instagram account.  The “authorized account holder” is the natural person assigned the applicable handle by Instagram.

 

  1. PRIZE: One (1) prize will be awarded, consisting of one (1) five hundred dollar ($500) The House of LR&C gift card (the “Prize”). The approximate retail value (“ARV”) of each Prize is $500 USD. The Prize will be delivered only to verified winners.  There is no substitution for the Prize or any portion of Prize, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize or portion of prize of comparable value.  The Prize is not transferable or redeemable for cash, except at the sole discretion of Sponsor.  All Prize details including selection, are at Sponsor’s sole discretion.  Incidental expenses and all other costs and expenses which are not specifically listed as part of the Prize in these Official Rules and which may be associated with the award, acceptance, receipt, and use of all or any portion of the awarded Prize are solely the responsibility of the respective Prize Winner.  All federal, state, and local taxes associated with the receipt or use of any Prize are solely the responsibility of the Winner.  Any person winning $600 or more worth of prizes from Sponsor in a calendar year will receive an IRS form 1099, and copy of such form will be filed with the Internal Revenue Service (IRS).

 

    1. SELECTION AND NOTIFICATION OF WINNER: On or around February 14, 2022, one (1) potential winner will be selected in a random drawing of all eligible entrants (the “Winner”). All decisions of the Judges are final and binding on all entrants.  The Prize will be sent to the Winner in the mail approximately four (4) weeks after the Winner is notified.

 

The potential Winner will be notified on or about February 14, 2022 by direct message at the Instagram handle used to make the Entry.  Upon the request of the Sponsor and except where prohibited by law, the potential Winner may also be required to return an Affidavit of Eligibility, Publicity and Liability Release and Prize Acceptance Form and IRS W-9 form (“Prize Documentation”).  If a potential Winner does not respond within five (5) days of the date appearing on the first attempted prize notification, refuses the prize, is found to be ineligible, or fails to comply with the instructions contained in the prize notification or provide any requested documentation within that time period, Sponsor reserves the right to disqualify such potential winner and choose an alternate winner from among the remaining eligible entries through a random drawing.  Return of any prize notification as undeliverable may result in disqualification and selection of an alternate winner.  Odds of winning depend on the number of eligible Entries received.

 

  1. Intellectual Property

.  As used herein, “Intellectual Property” means all intellectual property rights arising from or associated with the following, whether protected, created or arising under the laws of the United States or any other jurisdiction:  (1) trade names, trademarks and service marks (registered and unregistered), domain names and other Internet addresses or identifiers, trade dress and similar rights and applications (including intent to use applications and similar reservation of marks and all goodwill associated therewith) to register any of the foregoing (collectively, “Marks”); (2) patents and patent applications (including divisionals, continuations, continuations-in-part, reissues, renewals, extensions, re-examinations and other related rights) and equivalents thereof (collectively, “Patents”); (3) copyrights (registered and unregistered) and similar rights in protectable material (including mask works), including rights to use, reproduce, prepare derivative works based upon, distribute, perform, display, make, have made, sell, license, sublicense and otherwise exploit, and all renewals and extensions thereof and registrations of the foregoing and applications therefor, and equivalents of the foregoing (collectively, “Copyrights”); (4) trade secrets, know-how, inventions, methods, processes and processing instruments, technical data, specifications, research and development information, technology, including rights and licenses, product roadmaps, customer lists and any other information, in each case to the extent any of the foregoing derive economic value (actual or potential) from not being generally known to other persons who can obtain economic value from its disclosure or use, excluding any Copyrights or Patents that may cover or protect any of the foregoing (collectively, “Trade Secrets”); and (5) moral rights, publicity rights, rights of attribution, rights of privacy, database rights and any other proprietary or intellectual property rights of any kind or nature that do not comprise or are not protected by Marks, Patents, Copyrights or Trade Secrets, including any of the foregoing that protect computer programs, code and related documentation and materials (including Internet websites and intranet sites), including programs, tools, operating system programs, application software, system software, databases, firmware and middleware, including the source and object code versions thereof, in any and all forms and media, and documentation, user manuals, training materials and development materials related to the foregoing.

5.1  Assigned Intellectual Property

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(i)             Developed IP.  I agree that any Intellectual Property solely or jointly conceived, developed or reduced to practice by me, or which I cause to be conceived or developed or reduced to practice, during and in connection with my participation in the Sweepstakes (collectively, the “Developed IP”) will be the sole and exclusive property of the Sponsor.  I hereby assign to the Sponsor all rights to and interests in the Developed IP.  I further acknowledge that all Developed IP is a “work made for hire” (as that term is defined in the United States Copyright Act (17 USC § 101) to the greatest extent permitted by applicable law and for which I am compensated by my salary.

(ii)           Moral Rights.  I acknowledge that the assignment of copyright pursuant to this Section 5.1 includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as moral rights.  To the extent that moral rights cannot be assigned under applicable law and to the extent the following is allowed by the laws in the various countries where moral rights exist, I hereby waive and agree not to assert such moral rights and consent to any action of the Sponsor that would violate such moral rights in the absence of such consent.  I will confirm any such waivers and consents from time to time as requested by the Sponsor.

 

  • Exclusions. Notwithstanding the foregoing, each and any Winner understands that these Sweepstakes Official Rules (this “Agreement”) will not be deemed to require assignment of any Intellectual Property the assignment of which to the Sponsor pursuant to this Agreement would be expressly prohibited by a specifically applicable state law, regulation, rule, or public policy.

 

  1. BINDING ARBITRATION: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration before JAMS or its successor in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, all in accordance with accordance with the JAMS Streamlined Arbitration Rules and Procedure then prevailing (“JAMS Rules”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules. The arbitrator shall apply Washington law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law.  In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.  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 claimant nor Sponsor 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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL OF ENTRANT’S CLAIMS, JUDGMENTS AND AWARDS  TO ENTRANT WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), NOT TO EXCEED ONE HUNDRED DOLLARS ($100), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) TO THE EXTENT ALLOWED BY APPLICABLE LAW, ENTRANT WILL NOT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONETARY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO RELEVANT PORTIONS OF THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

 

  1. APPLICABLE LAW AND JURISDICTION: This Sweepstakes is void where prohibited. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations.  Any dispute arising out of this Sweepstakes or the Prize shall be governed by the laws of the State of Washington, without regard to its choice law principles, and any matters or proceedings which are not subject to arbitration as set forth above in Section 5 of these Official Rules, and/or are related to entering any judgment on an arbitration award, shall be subject to the exclusive jurisdiction of the state and federal courts in the State of Washington and shall take place in King County, Washington, and entrants consent to the personal jurisdiction of said courts.

 

  1. WAIVERS AND RELEASES: By entering, entrants agree: (a) to be bound by these Official Rules and the decisions of Sponsor, which are final and binding; (b) to waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (c) that they may be contacted in person, by phone, social media, or by e-mail, with respect to the Sweepstakes; (d) that Sponsor, its parent companies, affiliates, subsidiaries, divisions, and advertising and promotion agencies, and their respective officers, directors, shareholders, and employees (collectively “Releasees”) are not responsible for lost, damaged, or misplaced entries, incorrect or inaccurate transcription of entry information, or for any human or other error, technical malfunction, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to entrant’s or any other person's computer related to or resulting from participation in this Sweepstakes, or for any injury to person or property; and (e) that the Releasees will not be liable for losses or injuries of any kind resulting from acceptance/possession/use and/or misuse of the Prize, travel to and from any prize-related activity, participation in the Sweepstakes, or printing, mailing or distribution errors. Each Winner further acknowledges that Sponsor does not make any warranties, express or implied, relating to the Prize itself and that Sponsor expressly disclaims the implied warranties or merchantability and fitness for a particular use.

 

  1. PUBLICITY: Unless prohibited by law, entry into the Sweepstakes constitutes permission for the Releasees to use that entrant’s Intellectual Property, name, address (city and state), picture, social media username and/or likeness, biographical information, statements, voice and likeness in any advertising and publicity Sponsor may conduct relating to Sponsor, Sponsor’s goods and services, or the Sweepstakes in any media or 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.

 

  1. RIGHT TO VOID/TERMINATE/MODIFY: If for any reason the Sweepstakes is not capable of being executed as planned, or tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, at its sole discretion, to disqualify any suspect entry and to cancel, terminate, modify or suspend the Sweepstakes, and/or award the Prizes from among all eligible, non-suspect entries received as of the date of the termination, as Sponsor determines in its sole discretion. Entries not in compliance with these Official Rules are subject to disqualification.

 

  1. PERSONAL INFORMATION: Entrants agree that their personal data, including name, e-mail address, phone number, and physical address, may be processed, stored and otherwise used for the purposes and within the context of this Sweepstakes and for any of the purposes set forth in Sponsor’s Privacy Policy at https://thehouseoflrc.com/policies/privacy-policy. By participating in this Sweepstakes, entrants are agreeing to Sponsor’s Privacy Policy.  Without limiting the foregoing, such data may also be used by the Sponsor in order to contact the Winners, check an entrant’s identity and contact information, or to otherwise verify an entrant’s eligibility to participate in the Sweepstakes or to receive any prize.

 

  1. SEVERABILITY: If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.

 

  1. TO RECEIVE WINNERS LIST OR OFFICIAL RULES: To request the names of the Winner (available after [DATE]) or a copy of these Official Rules, e-mail your request to legal@thehouseoflrc.com. Requests for a copy of these Official Rules received more than thirty (30) days after the Promotion Period will not be honored.

 

  1. SPONSOR: The Sponsor of this Sweepstakes is The House of LR&C, PBC, 151 Western Avenue W, Suite 350, Seattle, WA 98119.