OFFICIAL RULES – Social Media Giveaways and Contests
1. HOW TO ENTER: No purchase or payment of any kind is necessary to enter or win PROBAR Giveaways and Social Media Promotions (the “Promotion”). Any purchase or payment will not increase your chance of winning the Promotion. The Promotions start and end dates will be given when a promotion is announced and throughout the promotional period. Throughout this period, you may enter the Promotion by double tapping/liking the relevant Promotion post on (@theprobar) Instagram and adding a comment where you tag a friend (each a “Post”) and signing up for PROBAR’s newsletter by entering your email address at ___________________ within 1 week of each Post (each and collectively, a “Promotion Period”). Make sure your settings are public so we can confirm you’ve properly entered during the Promotion Period. Online entry is the only method of entry.
Incomplete, false or deceptive entries are void. Winner will be picked and announced the next day following the end of the applicable Promotion Period from all entries received. PROBAR’s computer will serve as the official time keeping device for this Promotion. This Promotion is sponsored and administered by the respective Prize provider for each Promotion Period (each a “Prize Provider”). All entries submitted may be re-posted by PROBAR’s and the respective Prize Provider, and each’s owned and operated websites, blogs and social media channels, and will not be acknowledged except the Winner as defined and as set forth below.
2. ELIGIBILITY: Promotions are open to residents of and currently residing in one of the 50 United States and/or the District of Columbia, 18 years as of the start date of the promotion. Employees of PROBAR and each Prize Provider, and their advertising and Promotion agencies, and any other entities participating in the design, Promotion, marketing, administration or fulfillment of this Promotion, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Promotion Entities”), and each of their immediate families and members of their households are ineligible to participate in this Promotion. You must have a public Instagram account. Void where prohibited.
3. SELECTING THE WINNER AND NOTIFICATION: The potential prize winner will be selected by a random drawing after compiling all eligible entrants for each Promotion Period (each an “Entrant” and collectively the “Entrants”). PROBAR, whose decision is final and binding in all respects, will announce all selected Entrants through Instagram Stories by 12:00PM PST, the first business day after a contest has ended, and contact such Entrant via direct messenger or email (“DM”) on or about that specified date and time set forth in Section 1 (“Potential Prize Winner”). Odds of winning the Prize (defined below) depend on the number of eligible entries received from Entrants during the applicable Promotion Period. Failure of Potential Prize Winner to respond to such notification within 72 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”). Alternate Potential Winner shall be contacted via DM as soon as practicable and shall also have 72 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”). By entering this Promotion, Entrant accepts and agrees to these Official Rules and the decisions of PROBAR and the respective Promotion Entities, which shall be final in all matters. Except where prohibited by law, Entrant’s entry and/or acceptance of the Prize constitutes permission for the Promotion Entities to use the Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address for promotional or advertising purposes in connection with this Promotion on a worldwide, in perpetuity basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission, or further compensation or consideration.
4. PRIZES AND TAXES: The Winner will receive the following prize corresponding to each Promotion Period (each a “Prize,” collectively, the “Prizes”):
Total Approximate Retail Value ("ARV") of all Prizes: $_________ USD. Actual value of Prize may vary and any difference between actual value and ARV will not be awarded. Winner is solely responsible for all taxes and any costs or expenses associated with or resulting from acceptance of Prize. Limit 1 Prize per family or household. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply.
Winner shall provide, upon PROBAR’s or each Prize Provider’s request, all available information that either may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule. Winner acknowledges that PROBAR and/or the Prize Provider will rely upon such information to prepare all relevant tax materials, if any.
5. RELEASE: This Promotion is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of PROBAR and the Promotion Entities and waive any and all right to claim ambiguity in the Promotion or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Entrants and Winners also agree to release, discharge, indemnify and hold harmless PROBAR the Promotion Entities, and Instagram, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; or of any acceptance, possession, ownership, misuse of any Prize. PROBAR may rescind any Promotion found to contain such errors without liability at its sole discretion.
PROBAR, EACH PRIZE PROVIDER, AND THE PROMOTION ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE OR PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
Each Entrant and Winner understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
6. LIMITATION OF LIABILITY: The Released Parties are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Promotion or receipt or use 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. If for any reason this Promotion is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of PROBAR, the Prize Provider, or any Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, then PROBAR and the Prize Provider reserve the right at their sole discretion to cancel, terminate, modify, or suspend all or any part of the Promotion and to select potential winners from among all eligible entries received by PROBAR up until the time of such cancellation, termination, modification or suspension, as applicable. By entering this Promotion, you are giving your permission to receive emails from PROBAR and any Prize Provider.
To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
7. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROMOTION, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
8. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules for this Promotion shall be governed by the laws of the State of California, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles, CA. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
10. NO ASSOCIATION: This Promotion is in no way sponsored, endorsed or administered by or otherwise associated with Instagram.
11. RULES/WINNERS LIST: For the name of the Prize Winners please send an email to [email protected] In the subject of the email, type “PROBAR Social Media Promotions.”