Gear for A Year Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Subject to all federal, state, and local laws, regulations, and ordinances. Promotion begins at 12:00:01 AM Eastern Time ("ET") on August 01, 2018 and ends at 11:59:59 PM ET on December 31, 2018 (the "Promotion Period"). Void outside the fifty (50) United States and the District of Columbia and where prohibited by law. Subject to all federal, state and local laws, regulations, and ordinances.
Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision that requires you to arbitrate individually any disputes or claims you may have with us and waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on a Website.
ELIGIBILITY: The "Gear For A Year Giveaway" (the "Promotion") is open only to legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are at least the age of majority in their state (including D.C.) of primary residence at the date of entry. Employees, officers and directors of Bones Outfitters. ("Sponsor") or any of its parents, franchisees, subsidiaries, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, marketing partners, fulfillment, and marketing agencies, web site providers, web masters, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. All entrants must have access to the Internet prior to the start of the Promotion. Sponsor reserves the right to verify the eligibility of winners. Participation constitutes entrant´s full and unconditional agreement to these Official Rules and to Sponsor´s decisions, which are final and binding in all matters related to the Promotion.
- visit https://bonesoutfitters.com/pages/giveaway or any other variation of BonesOutfitters (.com,), where an official entry form is shown from the Sponsor and enter for a chance to win - you will be eligible to win one of (11) possible prizes that are selected by random drawing.
- Grand Prize – “Gear for a Year” which means One (1) New Bones Outfitters Long Sleeve Performance Shirt sent to your home every month for twelve (12) consecutive months. Winner can choose to receive all shirts in one shipment, or one shirt per month for twelve (12) months.
- Runner Up Prize – Ten (10) entrants will win a $25.00 Bones Outfitters Online Store Gift Card, redeemable only at BonesOutfitters.com
- Second Runner Up Prize – New Bones Outfitters Trucker Hat
- Complete and submit the Promotion entry form by providing the requested information, which includes your valid email address along with any other required information if applicable. Eligible entrants will only receive one (1) entry into the Promotion by completing and submitting all of the required information. Limit: one (1) entry in the Promotion per person, per email address and per household. Sponsor has the right to grant additional entries to participants who “Share” or “promote” the contest. Additional entries may be granted at the sole discretion of the Sponsor.
Sponsor and Sponsor´s agents, affiliates, marketing partners, subsidiaries, representatives, and service providers may use entrants´ personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor or any of its affiliates and marketing partners, such as to notify them of a product or promotion that Sponsor thinks may be of interest.
Entry must be submitted by the participant. Use of automated entries or programs or entries submitted by third parties is prohibited and will be disqualified. Any attempt by any participant to obtain more than the permitted number of entries by using multiple and/or different identities, forms, registrations, addresses or any other method will void all of that participant´s entries and that participant may be disqualified at Sponsor´s discretion. Multiple participants are not permitted to share the same email address. All entries become the property of Sponsor when submitted and will not be returned to entrant. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant or participant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
WINNER SELECTION & VERIFICATION: On or about January 1, 2019, Sponsor will select eleven (11) potential winners in a random drawing from all eligible entries received. Potential winner will be notified via telephone, or email, within seven (7) days of being selected. If a potential winner does not respond within seven (7) days after the first attempt to contact him/her, or the prize notification is returned as undeliverable, that potential winner will be deemed to have forfeited the prize, and Sponsor will award prize to an alternate potential winner selected randomly from all remaining eligible entries. Alternate potential winner must satisfy all eligibility requirements. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Except where prohibited, each potential winner will be required to complete and return an affidavit of eligibility and liability/publicity release (the "Affidavit/Release") within seven (7) days of being notified. If the potential winner fails to sign and return the Affidavit/Release within the required time period, is unavailable to accept the prize within the time period specified by Sponsor, or fails to abide by these Official Rules, the potential winner will be disqualified and an alternate potential winner will be selected at random in his/her place within seven days of the date the potential winner is determined to be ineligible. Up to three (3) alternate winners will be selected, after which any remaining prizes will remain un-awarded.
AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT´S ELIGIBILITY HAS BEEN VERIFIED, THEIR AFFIDAVIT/RELEASE HAS BEEN COMPLETED AND RETURNED TO SPONSOR AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
PRIZE: Upon entering, each entrant must supply accurate contact information when he/she is entering the Promotion to win. The winner will receive the prize listed on the site at the time their entry is submitted. Approximate Retail Value ("ARV") for Grand Prize is five hundred and fifty US dollars ($550). Approximate Retail Value ("ARV") for Runner Up Prizes are twenty-five US dollars ($25). Any and all applicable federal, state, and local taxes are the sole responsibility of the individual prize winner. Winner will be issued an IRS Form 1099 for the appropriate retail value of prize in the event the winner chose a prize valued at over $600, as his/her prize. Prize cannot be substituted, assigned, transferred; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prizes.
GENERAL CONDITIONS: WARNING: ANY ATTEMPT BY A ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor´s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any entrant regarding this Promotion, except as expressly set forth in these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor and its agents are not responsible for (1) 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 Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant´s participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant´s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant´s sole remedy is another entry in the Promotion, provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor, which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. Sponsor reserves the right to select fewer than the stated number of potential winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, we will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified us in writing and provided a copy of the arbitration proceedings. However, if we are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to us including the filing fee. You will need our mailing address to file online which is:
2520 SW 22nd St, Ste 2
Miami, FL 33145
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in Dade County, FL. For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration and the arbitrator awards you relief that is greater than our written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we fully maintain the right to seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. This provision shall not be construed to preclude any party from seeking injunctive relief to protect its rights pending an outcome in arbitration.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against us and may not preside over any kind of representative or class proceeding against us. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void.
YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST BONES OUTFITTERS OR ITS PARENT COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit. This agreement does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first visit the Website.
RELEASE AND LIMITATIONS OF LIABILITY: BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT SPONSOR AND ITS PARENTS, AFFILIATES, FRANCHISEES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, AND ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, MARKETING PARTNERS, FULFILLMENT AND MARKETING AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE "RELEASED PARTIES") WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE DELAYS OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM, OR ANY OTHER ACTS OR CIRCUMSTANCES BEYOND SPONSOR´S CONTROL. BY PARTICIPATING IN THIS PROMOTION, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEB SITE ASSOCIATED WITH THIS PROMOTION.
EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES WINNER´S GRANT TO SPONSOR (WHICH GRANT SHALL BE CONFIRMED IN WRITING ON REQUEST) AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER´S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
DISPUTES/GOVERNING LAW: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Florida or the appropriate state court located in Dade County Florida, U.S.; (2) any dispute associated with entering the Promotion will in no event entitle entrant to attorneys´ fees; (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Florida, U.S. without giving effect to any choice of law or conflict of laws rules (whether of the State of Florida, U.S. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Florida´s.
OFFICIAL RULES: For a copy of the Official Rules which will be available for 90 days after the end of the promotion, visit https://bonesoutfitters.com/pages/gear-for-a-year-official-rules
WINNERS LIST: For the name of the winner, which will be available for 90 days after verification of winner, please send mail to (VT residents may omit postage): Bones Outfitters. 2520 SW 22nd Ste2, Miami, FL 33145, or email email@example.com (Attn: Winners List). For a list of previous winners (when available), please email firstname.lastname@example.org.
Attn: Bones Outfitters – 2520 SW 22nd St, Ste2, Miami, FL 33145
Bones Outfitters and its parents, subsidiaries, sponsors, or partners shall not be liable for technical, pictorial, typographical or editorial errors or omissions contained herein. Copyright © 2018 Bones Outfitters. All trademarks or logos used herein are trademarks of their respective owners in the United States and/or other countries. All rights reserved.