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Terms & Conditions

 

 

TERMS & CONDITIONSFlex Factor Competition, Zoggs USA Flex Tour 2016

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.

The “Flex Factor 2016”, here and after referred to as “Contest”, is sponsored by Zoggs USA, here and after referred to as “Sponsor”, and participating partners. This contest is governed by these official rules (“Official Rules”). By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.

This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, Instagram, or Periscope. Any questions, comments or complaints regarding the promotion will be directed to Sponsor, not to social platforms mentioned.

ELIGIBILITY
The Contest is open all who are 18 years of age or older at the time of entry who have Internet access and a valid e-mail account prior to the beginning of the Contest Period. Sponsor has the right to verify the eligibility of each entrant.

CONTEST PERIOD
The Contest begins at January 1, 2016 Noon PST and ends at October 30, 2016, Noon PST. All entries/content must be received between the time frame stated during that submission period. Sponsor reserves the right to extend or shorten the contest at their sole discretion.

HOW TO ENTER
You can enter the Contest at any point within the Contest Period by initiating your own start to build points through the Sponsor Facebook, Twitter or Instagram pages. Entrants must submit a Contestant Form to be considered for prize winnings. The Contestant Form can only be submitted at the conclusion of the Contest during the Submission Period between October 23, 2016 and October 30, 2016. Only Entrants who’ve submitted the Contestant Form can be considered for prize winnings.

WINNER SELECTION
All eligible entries received during the Submission Period will be gathered/filtered into a database at the end of the Submission Period. A winner will be chosen in reflection of the stated point system listed in the Official Rules.
The winner of the Contest will be announced on or about November 18th, 2016 on or about Noon PST. Announcement and instructions for prize will be sent to the e-mail address supplied on the potential prize winner’s submission form. Each entrant is responsible for monitoring his/her e-mail account for prize notification and receipt or other communications related to this Contest. If a potential prize winner cannot be reached by Administrator (or Sponsor) within fifteen (10) days, using the contact information provided at the time of entry, or if the prize is returned as undelivered, that potential prize winner shall forfeit the prize. Upon the request of the Sponsor, the potential winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form, a hold harmless indemnification document provided by sponsor and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified. Prizes may not be awarded if an insufficient number of eligible entries are received.

PRIZES:
Grand Prize: (1) Feature Story limited to 1500 words and 4 pictures published to the ZoggsUSA.com website in the blog section, (1) Photo ad published in the 2017 Zoggs USA Catalog. Size and location within the catalog are at the sole discretion of Sponsor. (1) Trip to Kona, HI, for two individuals, during the 2017 IRONMAN World Championship in Kona, HI. Trip will include flight expenses paid for from LAX, Los Angeles International Airport only- round trip, as well as a 3 nights and 4 day stay at a hotel in Kona, HI during the month of October for the IRONMAN World Championship 2017. Sponsor will not be held responsible for lost or stolen items, for missing a flight and or a check in time of the hotel or for an injury or incident that may occur on the trip or in travel related to the trip.

Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Terms & Conditions 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 IS SOLELY THE RESPONSIBILITY OF THE WINNER.

ADDITIONAL LIMITATIONS
Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Contest is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason, including, without limitation, if Sponsor determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.

INDEMNIFICATION, ARBITRATION AND LIMITATION OF LIABILITY
BY ENTERING THE CONTEST, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK, TWITTER, AND INSTAGRAM PLATFORMS, ADMINISTRATORS, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT’S PARTICIPATION IN THE CONTEST AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANT-ABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST. WE RESERVE THAT ANY CLAIM OR DISPUTE BETWEEN ANY PARTY AND SPONSOR SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY ANY REASONABLE ADMINISTRATION THE SPONSOR FEELS APPROPRIATE. ANY AWARD BY THE ARBITRATORS MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. WE RESERVE THAT THE ARBITRATION OF ANY CLAIM OR DISPUTE BETWEEN ANY PARTY AND SPONSOR SHALL BE ADMINISTERED BY ANY REASONABLE ADMINISTRATION THE SPONSOR FEELS APPROPRIATE. THE LOCALE SHALL BE LOS ANGELES IN THE STATE OF CALIFORNIA,. THE ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR. THE ARBITRATION SHALL BE SELECTED ACCORDING TO THE PROCEDURES OF THE SELECTED ADMINISTRATION BY THE SPONSOR. THE CHAIR OF THE ARBITRATION WILL BE SELECTED BE THE AGREEMENT OF THE ARBITRATOR. THE PARTIES AGREE TO DIVIDE EVENLY THE ADMINISTRATIVE COSTS OF ANY ARBITRATION, AND EACH PARTY WILL BE RESPONSIBLE FOR PAYING THE COMPENSATION AND EXPENSES OF THE PARTY-APPOINTED ARBITRATOR THAT PARTY APPOINTED AND HALF OF THE COMPENSATION AND EXPENSES OF THE CHAIR. ANY HEARING HELD WILL BE IN-PERSON AT A LOCATION LATER DETERMINED BY SPONSOR. DISCOVERY WILL BE LIMITED TO A TIMELY EXCHANGE OF DOCUMENTS AS DETERMINED BY SPONSOR. THE PARTIES WILL ATTEMPT TO RESOLVE ANY DISPUTE OR CONTROVERSY PRIOR TO PROCEEDING TO ARBITRATION FOR A PERIOD OF 10 DAYS. THE ARBITRATION WILL BE CONDUCTED IN ENGLISH. THE ARBITRATOR WILL BE LIMITED TO ISSUING AN AWARD IN THE AMOUNT OF WHATEVER THE SPONSOR MAY FEEL IS APPROPRIATE ANY PARTIES AGREE TO KEEP CONFIDENTIAL THE PROCEEDINGS, PARTICIPANTS, DOCUMENTS AND EVIDENCE AND AWARD OF ARBITRATION, EXCEPT AS NECESSARY TO CONDUCT THE ARBITRATION.

PUBLICITY
By participating, each entrant grants Sponsor permission to use his/her name, likeness, profiles, comments or content for publicity purposes without payment of additional consideration, except where prohibited by law. It is the soul discretion of Zoggs USA to deem applicable the use of any images or content for commercial purposes.

Terms and condition may apply. See also California Confidentiality Agreement and California Disclosure Agreement attached.

FURTHER AGREEMENTS
Confidentiality Agreement
Non-Disclosure Agreement
Indemnity Agreement

CONTEST SPONSORS
This contest is sponsored by:
Zoggs USA
Future Sports Products International
18543 Devonshire St. Ste 450
Northridge, CA. 91324

Any questions regarding this Contest should be directed to Flex Factor Contest at info@zoggsusa.com