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

 

A PURCHASE OR PAYMENT WILL NOT INCREASE AN ENTRANT’S CHANCES OF WINNING.

 

THIS VICTORY BARBER & BRAND GIVEAWAY (THE “GIVEAWAY”) IS INTENDED FOR PLAY IN THE UNITED STATES AND CANADA ONLY AND WILL BE GOVERNED BY U.S. LAW.  DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.

 

This Giveaway is sponsored solely by Victory Barber Holdings, LLC a Delaware limited liability company (“Sponsor”).   Any questions, comments, or complaints regarding the Giveaway must be directed to the Sponsor. For a copy of a Winner List, please send your request to Victory Barber Holdings, LLC, by mail to 151 E. Hawthorne Lane, West Chicago, IL 60185.

 

1. ELIGIBILITY. This Giveaway is open only to individuals who (i) are legal residents of the 50 states of the United States, the District of Columbia or Canada and (ii) who are 18 years of age or older at the time of entry. If you are not a legal resident of the United States or Canada or you are not the required age as of time of entry, you are not eligible to enter this Giveaway or to win a prize. Employees, contractors, officers and directors of Sponsor, its affiliates, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies, and any third party prize provider(s) and/or prize fulfillment service(s) (collectively, the “Giveaway Entities”) and members of the immediate families or households (whether related or not) of any of the above individuals are not eligible to participate in the Giveaway or win the prize. Void where prohibited by law.

 

2. DESCRIPTION OF GIVEAWAY/HOW TO ENTER. Giveaway begins on September 22, 2020 at 8:00:00 a.m. Central Time (“CT”) and ends at 11:59:59 p.m. CT on December 31, 2020 (“Entry Period”).

 

How to Enter: During the Giveaway Period, visit https://victorybarber.com, and click on the entry form. Then, complete and submit the entry form with all requested information (including your name, email address, phone number, address, date of birth, and/or any other information requested by the Sponsor) to receive one (1) entry into the Giveaway. Limit: One (1) entry per person/email address/household per Day during the Giveaway Period. For purposes of this Giveaway, a “Day” shall be defined as each calendar day, beginning at 12:00:00 am CT and ending at 11:59:59 pm CT on that same day, except for the first day of the Giveaway Period, September 22, 2020, which shall begin at 9:00:00 am CT. Entries must contain all information requested to be valid. 

This Giveaway is in no way sponsored, endorsed, administered by, or associated with Facebook, Twitter, or Instagram. Any questions, comments or complaints regarding the Giveaway must be directed to the Sponsor and not to Facebook, Twitter, or Instagram.

Entries and bonus entries together shall herein be referred to as “Entries”

The Released Parties (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, misdirected, mutilated, or incomplete entries, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account or mobile phone number, as applicable, enter the Giveaway and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account or mobile phone account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address or mobile phone number by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses, phone numbers or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Sponsor for online entries. When applicable, the Sponsor’s computer will be deemed the official time keeping device for the Giveaway. Entries will be disqualified if incomplete and/or if prohibited multiple entries in excess of the states limit are received. All entries become the property of Sponsor and will not be acknowledged or returned.

By participating, you agree (a) to be bound by these Official Giveaway Rules; (b) as between you and the Sponsor, that the decisions of the Sponsor is final on all matters relating to the Giveaway; (c) you are not participating on behalf of any employer or third party; (d) in the event that you do not comply with these Rules, that you will be disqualified and your prize (if any) will be forfeited; and (e) (when applicable) the potential winner and/or finalist must be available to participate in any portion to the Giveaway that participation may be required to be considered eligible.

 

3. WINNER SELECTION. One (1) winner will be chosen at random per month from all qualifying entries. Odds of winning a prize depend on the number of eligible entries received.

 

Potential Giveaway winner(s) are subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Sponsor reserves the right to determine an alternate winner in accordance with these Official Rules in the event that that any winner is disqualified, cannot be contacted, or is deemed ineligible for any reason, or is not available to participate in any applicable Giveaway events.

 

The potential winner will be notified by email at address provided during registration. THE NOTIFICATION WILL CONTAIN A RESPONSIVE EMAIL ADDRESS AND WILL DIRECT THE POTENTIAL WINNER TO RESPOND WITHIN ONE (1) DAY. IF THE POTENTIAL WINNER DOES NOT RESPOND WITHIN THAT DAY, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND SPONSOR WILL RANDOMLY SELECT THE NEXT POTENTIAL WINNER, WHO WILL ALSO BE NOTIFIED IN THE SAME METHOD ON THE SAME DAY. Notification is deemed to have occurred immediately upon placing of a phone call. The Sponsor is not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Giveaway Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential winner(s). If the potential winner does not claim the prize within the appropriate time given upon, the entrant will automatically be disqualified and their prize will be forfeited.

As a condition of participating in the Giveaway, entrants agree and acknowledge that in order to receive a prize and be deemed a winner, entrants must sign an official waiver form provided by the Sponsor and agree to the terms herein, including but not limited to the prize conditions. The potential prize winner may (in Sponsor’s sole discretion) be required to sign and return a declaration of eligibility and any other form necessary to verify eligibility, along with the required releases within twenty four hours after the first delivery attempt to entrants e-mail address in order for the potential prize winner to be qualified for the prize, unless otherwise stated herein or at the time of notification. The potential prize winner’s failure to return all required forms within this time period may result in the potential winner being disqualified and, in such event, the Sponsor may randomly select an alternate winner from among all remaining eligible entries, as determined by Sponsor in its sole and discretion.

 

4. PRIZE(S).

 

Four (4) Prizes: each winner will receive a Victory Barber & Brand Apron and Product Pack 

 

The approximate retail value of each Prize is $240.00

 

No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Sponsor’s sole discretion. Prize details and availability are subject to change. Sponsor is not the supplier or guarantor of any prize, unless otherwise specified. Prizing may be fulfilled by a third party fulfillment Sponsor. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).

 

Odds of Winning: The odds of winning the prize depend on the number of eligible entries received. 

 

Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

 

Conditions and restrictions may apply. Limit: One (1) prize per person/household. ALL PRIZES ARE AWARDED “AS IS” AND THE SPONSOR DOES NOT MAKE (AND IS NOT RESPONSIBLE FOR) ANY REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATING TO ANY PRIZE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

 

5. TAMPERING AND DELIVERY DISCLAIMER. (a) The Sponsor, in its sole discretion, reserves the right to disqualify and prohibit from participating (and void such person’s entries) any person, who the Sponsor determines (in its sole discretion) is or is attempting to: (i) tamper with the Sponsor’s website and/or any part of the Giveaway; (ii) undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices, (iii) or intending to annoy, abuse, threaten or harass any other entrants, the Sponsor, or the Released Parties or exhibits other unsportsmanlike behavior; and/or (iv) otherwise violate these Official Rules or the Terms of Use of the Sponsor’s Website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE, CIRCUMVENT, OR DISRUPT THE SPONSOR’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE SPONSOR AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE SPONSOR AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS GIVEAWAY. The use of any automated device, automated launching or entry software or any other mechanical or electronic means that permits the entrant to automatically enter or evaluate repeatedly is prohibited. The Sponsor disclaims all liability for any delays, misdelivery, loss, or failure in the delivery of any item sent by mail, courier, express, electronic transmission, or other delivery method.

 

Released Parties are not responsible for: (1) mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on telephone lines, the Internet or at any website or lost or unavailable network connections which may limit an online entrant’s ability to participate in the Giveaway; (2) any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the Giveaway; (3) 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 Giveaway; (4) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (5) unauthorized human intervention in any part of the entry process or operation of the Giveaway; or (6) technical or human error which may occur in the administration of the Giveaway or the processing of entries.

 

The Sponsor further reserves the right to: (i) cancel, terminate, suspend, declare null or void, amend, alter, or modify the Giveaway, void any suspicious entries, rescind any prize, and/or determine absolute resolution, and/or an alternate method of conducting the Giveaway and/or awarding the prize(s) at any time, for any reason, or if, in the sole discretion of the Sponsor, it is impossible or impractical to complete or conduct the Giveaway as planned for any reason, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures of any sort, programming associated with or used in the Giveaway, by any human error which may occur in the execution of this Giveaway, or any other causes which effect the operation of the Giveaway or the rules of the integrity of the Giveaway have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Giveaway and/or (ii) stop or conclude the Giveaway at any time without prior notice. Material changes to the Official Rules will be posted on the Sponsor’s website, when practical. In the event of termination of the Giveaway by Sponsor, Sponsor reserves the right to award any prize(s) in a manner deemed fair and equitable by Sponsor.

 

6. USE OF PERSONAL INFORMATION. The Sponsor will retain the entrant’s personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these Official Rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located here. Entrant may have the opportunity to opt-in to receive emails from third parties. In the event that entrant opts in to any available opportunities to receive information from a third party, that may or may not be associated with this Giveaway, entrant understands and acknowledges that his/her information will be provided to such third party and may be used by the third party as set forth in the third party’s privacy policy.  Any available opt-in opportunities are not required to enter the Giveaway, and opting in will not improve your chances of winning.

 

7. RELEASES, CONDITIONS, AND LIMITATIONS OF LIABILITY. By participating in the Giveaway, each entrant agrees to release and waive any and all claims of liability against the Giveaway Entities and any applicable third party fulfillment service and each of their respective employees and agents (collectively, the “Released Parties”) from and against from any and all liability, loss or damage (including personal injury) incurred with respect to the conduct of or participation in the Giveaway, or the awarding, shipping/handling, receipt, possession, and/or use or misuse of any prize, including any travel related thereto. By accepting the prize, winner(s) hereby agrees that: (i) to release each of the Released Parties from any and all liability, claims or actions of any kind whatsoever in connection with the Giveaway and the award or use of any prize(s), including any claim related for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, use or misuse of the prize. The Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, volcanic eruption, 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 cause beyond the Giveaway Entities’ sole control. Upon awarding the prize, the Sponsor will have no further obligation to winner.

 

8. TAXES. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor, and the value of any prize awarded to a winner may be reported to the IRS as required by law. Each winner is solely responsible for reporting and paying any and all applicable federal, state, and local taxes, related to prize acceptance and use not specified herein. Each winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any prize will be awarded. Any person winning over $600 in prizes from the Sponsor in a calendar year will be issued an IRS Form 1099 reporting the value of those prizes to the IRS.

 

9. CONDUCT AND DECISIONS. All decisions of the Sponsor will be final and binding on all matters relating to this Giveaway. Persons who violate any rule, gain unfair advantage in participating in the Giveaway, or obtain winner status using fraudulent means will be disqualified. The Sponsor will interpret these Rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Giveaway and the Sponsor’s decisions concerning such disputes shall be final. If, for any reason, more bona fide winners are notified than prize(s) available, prize(s) will be awarded in a random drawing from among all such persons. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Any reference in these Official Rules or as part of the Giveaway to the Sponsor’s “discretion” and/or any exercise of discretion by the Sponsor shall mean in Sponsor’s “sole and unfettered discretion.” The Sponsor further reserves the right to terminate the Giveaway if in its sole judgment, the rules or the integrity of the Giveaway have been violated or compromised in any way, intentionally or unintentionally by any person whether or not a entrant in the Giveaway. In the event the Giveaway is terminated, Sponsor will award the prize(s) in a random drawing from all eligible entries received prior to termination. If applicable material changes to the Giveaway rules will be available on-line at the Sponsor’s website, when practical. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of this provision.

 

10. BINDING ARBITRATION. Any controversy or claim arising out of or relating to the Sponsor Giveaway shall be settled by binding arbitration in Cook County, Illinois, or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, 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 and Procedures. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. 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 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 GIVEAWAY IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

11. MISCELLANEOUS. Sponsor reserves the right to determine eligibility should special circumstances arise, all decisions are considered final and binding. Sponsor disclaims any responsibility to notify entrants of any aspect related to the conduct of the Giveaway. As a condition of participating in the Giveaway, entrants agree (and agree to confirm in writing) that: (a) under no circumstances will entrant be permitted to obtain costs, judgments, or awards for, and entrant hereby knowingly and expressly waives all rights to claim or seek punitive, incidental, consequential, special, or any other damages, other than for actual, third-party out-of-pocket expenses, and in such limitation, entrant further waives any rights to have damages multiplied or otherwise increased; (b) any and all disputes, claims, or causes of action arising out of or connected with this Giveaway, or any prize awarded, shall be resolved individually, through binding arbitration as set forth above, without resort to any form of class action; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred (if any), excluding attorneys’ fees and court costs. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every entrant. Participation in the Giveaway constitutes entrant’s full and unconditional agreement to, and acceptance of these Official Rules. Winning a prize is contingent upon entrant’s fulfillment of all requirements set forth herein.

 

12. COMPLIANCE WITH LAW AND GOVERNING LAW. All issues and questions concerning the construction, validity, interpretation and enforceability of the Giveaway Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 10 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in Cook County, Illinois.