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November 2019 SHIFT SMS SWEEPSTAKES

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 sweepstakes (“Giveaway”) is open to US citizens, US permanent residents and aliens lawfully residing in the US who are eighteen years old (18y/o) or older as of (i.e., including) November 1,2019](“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 this 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 this 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. This Giveaway will take place on ) November 1,2019 from 12:00 a.m. PST to November 30,2019  until 11:59 p.m. PST (“Giveaway Period”).  This Giveaway is subject to these official rules/terms and conditions (“Official Rules”).

3.         HOW TO ENTER.  Enter via Text Message by using a mobile phone to text the code SHIFTMX to 69922 (“Submission(s)”).  Entrants must have a mobile phone with text messaging capabilities to participate.  Entrants entering this Giveaway may incur a standard text message and/or data charge from their wireless service provider.  Entrants are solely responsible for any such wireless charges. Text STOP to 69922 to cancel.  Each Entrant will also be automatically registered for Shift Dispatch and will receive up to four (4) text messages per month from an automated system.  By entering, Entrants consent to and will receive up to four (4) text messages from an automated system.  

4.         SELECTION AND NOTIFICATION OF SELECTED ENTRANTS.  All eligible Submissions received during the Giveaway Period will be entered into a random drawing held by SlickText soon after the Giveaway Period but not later than end of November 30,2019 to determine the tentative winner of the Giveaway – One (1) winner 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 and/or notified via phone, email and/or social media by Sponsor (by using the information provided by the Selected Potential Winner on the Submission) by end of ) November 30,2019 (“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 within five (5) calendar days after the date that the Selected Potential Winner is notified. The Selected Potential Winner shall allow Sponsor to use their name, likeness, Submission and any other relevant information, as per Sponsor’s sole discretion, for both marketing and commercial 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 their 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 – though Sponsor 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 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 one (1) Prize consisting of one Signed Steve Caballero Skateboard Deck and complete  Shift X Steve Caballero MX Collection.  This Giveaway has an approximate overall estimated retail value (“ARV”) of US $700.

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 shall be allowed, 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.  If the Winner does not want a portion of the Prize, that portion is forfeited.

ANY AND ALL ACTIVITIES RELATED TO THE PRIZE ARE VOLUNTARY AT THE WINNER’S SOLE RISK/LIABILITY, INCLUDING DEATH AND PERSONAL INJURY AS WELL AS DAMAGE TO PROPERTY, AND SUBJECT TO WHATEVER RESTRICTIONS ARE IMPOSED BY THE ENTITIES THAT GOVERN THE ACTIVITIES, IF ANY, OR BY ANY LOCAL/STATE/NATIONAL AUTHORITIES/LAW.  ALL ADDITIONAL COSTS, INCLUDING TAXES, ARE THE SOLE RESPONSIBILITY OF THE WINNER.

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

7.         CONDITIONS. This Giveaway is subject to these Official Rules. By participating in the Giveaway, Entrants 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 the 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 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. Sponsor reserves the right to request releases from any third parties appearing/referred to in any Submissions, or elsewhere, at any time.  Failure to produce third party releases upon sponsor’s request will result in automatic disqualification.

A.         By providing a Submission, and to the maximum extent permitted by law, Entrant’s gives Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display, etc. such Submissions, and related documentation, in whole or in part, on a worldwide basis and throughout the universe, and 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 reasonable discretion. 

B.         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, the “Releasees”) from any and all liability, loss, cost, expense, damage, etc., arising from or in connection with participating in the Giveaway and/or the awarding, receipt, malfunction and/or use or misuse of the Prize by Winner (or a another person) and/or the use of Winner’s Submission by Sponsor or the other Releasees.

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 as part of that publicity, without any compensation or prior review/consent of/by 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.

THIS GIVEAWAY IS VOID WHEREVER RESTRICTED OR PROHIBITED BY LAW (E.G., REGISTRATION OR BONDING REQUIREMENTS, ETC.), AND SUBJECT TO APPLICABLE FEDERAL, STATE AND LOCAL LAWS. THEREFORE, THE RESIDENTS OF ANY STATE, COUNTRY OR TERRITORY WHERE THIS GIVEAWAY IS OR MAY BE RESTRICTED OR PROHIBITED BY LAW, IF ANY, AS CONFIRMED BY SPONSOR AT ANY GIVEN TIME BEFORE, DURING OR AFTER THE GIVEAWAY (“EXCLUDED AREAS”) 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 AREAS.

Sponsor reserves the right to disqualify any Entrant that resides in the Excluded Areas or that it finds to be tampering with the entry process or the operation of this Giveaway or violating these Official Rules.  Sponsor, at its sole discretion, reserves the right to amend these Official Rules and the right to terminate this Giveaway, and then Sponsor may, but it is not obliged to, 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 incurring any liability whatsoever vis-à-vis the Entrants. Releasees shall not be liable to the Winner for:

1.         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; or

2.         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; telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials including the Submissions; or any printing, typographical, administrative or technological errors in any materials associated with the Giveaway; or 

3.         ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND REALATING TO THIS GIVEAWAY, INCLUDING, 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, ETC.; or

Sponsor may prohibit an 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. 

By participating in the 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 Giveaway 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.

8.         DISPUTES.  Subject to law, 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 in Orange County, California.

ENTRANTS’ PARTICIPATION IN THIS 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 Giveaways.  Should such an attempt be made, Sponsor reserves the right to seek remedies and damages (including, reasonable attorney/court’s fees) to the fullest extent of the law, including criminal prosecution.

9.         PRIVACY.  All personal information collected by Sponsor will be used for administration of the Giveaway and 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.

10.       OFFICIAL RULES AND WINNER’S LIST.  For a copy of these Official Rules or the Winner’s list for this Giveaway (or any other query like opting-out) please send your request to: Fox Head, Inc. (SHIFT), re. SHIFT/SMS Monthly   Sweepstakes (2019), @ 16752 Armstrong Avenue, Irvine, CA 92606 or call (949) 757-9500 for Customer Service.  

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

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