OFFICIAL RULES: COBRA STARSHIP & GLIK’S FLY A WAY CONTEST
VOID WHERE, OR TO THE EXTENT, PROHIBITED. NO PURCHASE NECESSARY
TO ENTER OR WIN.
1. INTRODUCTION
This document describes the official rules (“Rules”) of the Cobra Starship &
Glik’s Fly A Way Contest organized by the FOX/Cobra Starship/Glik’s, (the
"Contest"). The object of this contest is entering to win. Information on how
to enter, prizes and forms are part of these Rules. To the extent of any
inconsistency, these Rules prevail.
2. DEFINITIONS
"Entry" means a completed form by the Entrant for this Contest.
"Entrant" means the individual that offers the Entry under the terms of this
Contest.
"Sponsor" means Fox Head, Inc., located at 18400 Sutter Blvd., Morgan Hill,
CA, 95037 and The Glik Company located at 3248 Nameoki Rd. Granite City,
IL 62040.
3. ACCEPTANCE
Participation constitutes the Entrant's full and unconditional agreement to
and acceptance of these Rules. By participating in the Contest, the Entrant is
representing and warranting that he/she has read and understood, and
agrees to be bound by, these Rules. Including the guides and rules referred
to herein, these Rules constitute the entire agreement between the Entrant
and the Sponsor in relation to the Contest. They govern the Entrant's
participation and supersede any prior or other agreements between the
Entrant and the Sponsor and relating to the Contest.
4. ELIGIBILITY
The Contest is open only to individuals who are at least 18 years of age who
live in the United States. Contest is void and where prohibited by law.
Employees and contractors of FOX and their respective parent companies,
subsidiaries, affiliates, suppliers, advertising agencies, and families, and
persons living in the same household as such employees or contractors, are
not eligible to participate. This Contest is governed by the laws of the State
of California, United States. The Contest is subject to all applicable, as the
case may be national, federal, state and local laws.
5. SEVERABILITY
When any provision of these Rules is found to be invalid by a court of
competent jurisdiction, the parties nevertheless agree that the Court should
endeavor to give effect to the intentions of the parties as reflected in the
provision, and that the other provisions of these Rules remain in full force
and effect.
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6. CONTEST PERIOD
The Contest begins at 1:00 PM Pacific Standard Time (PST) on October 15,
2009 and ends November 8, 2009. Sponsor may in its sole discretion cancel
or postpone the Contest. The winners will be notified on November 9, 2009.
7. HOW TO ENTER
To enter the Contest, the Entrant can simply go in-store at all Glik’s and
submit entry form in the Fox/Cobra Starship/Glik’s entry boxes or go online
to www.foxhead.com and follow the instructions on that page. There is no fee
to enter the Contest.
Entries must be submitted online or in-store by November 8th. Each Entrant
must be the named and authorized account holder of the email address
submitted in connection with that Entrant's Entry. The authorized account
holder is the natural person who is assigned to the email address by an
internet access provider, online service provider, or other organization that is
responsible for assigning email addresses or the domain associated with the
submitted email address. Entries submitted will not be returned or
acknowledged.
Without limiting any representations or warranties, the Sponsor has the right
(though not the obligation) to, in the Sponsor's sole discretion, reject or
remove from the Sponsor's websites, servers and computer systems any
Entry that, in the Sponsor's sole discretion, violates these Rules or any
applicable Sponsor policy or is in any way harmful or objectionable. Sponsor
also reserves the right to disqualify any Entrant or Entry at the Sponsor's
sole discretion. No correspondence shall be entered into regarding Sponsor’s
decision.
8. SUBMISSION CRITERIA
To enter this contest, Entrant can go online at www.foxhead.com and instore
at all Glik’s and submit entry form in the Fox/Cobra Starship/Glik’s
entry boxes.
Submission deadline is November 8, 2009.
9. PRIZING
There will be one (1) grand prize winner.
The grand prize winner will receive the following grand prize package:
• Round trip airfare for you and an adult friend from a major airport
within the continental United States to attend the Cobra Starship
concert on November 18, 2009 in Clifton Park, NY.
• Two tickets for the Cobra Starship concert on November 18, 2009.
• One room at a hotel for a one nights stay in Clifton Park, NY.
• Fox clothing products selected by Fox for the winner and their guest
valued at $400 (MSRP).
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The prizes are non-transferable and no substitution by winner or cash
equivalent is permitted. The Sponsor may substitute prize for one of equal or
greater value at its sole discretion. Only one prize will be awarded to an
Entrant. The winner will be responsible for all federal, provisional, state, local
and other applicable taxes relating to the prize.
10. SELECTION OF WINNER
The winner will be picked and notified on November 9, 2009. Winner and
guest must fill out affidavit and return to Fox no later than 5pm on November
10 or prizing will be forfeited (and a new winner will be chosen).
11. REPRESENTATIONS AND WARRANTIES
By participating in the Contest, the Entrant warrants and represents in
connection with the Entry submitted as part of his/her participation in the
Contest: (a) he/she is the sole and exclusive owner of (and free of any
adverse claim by any person, firm, or corporation) all intellectual property
rights in and to the Entry; (b) the Entry is original and the use of the Entry
as described in these Rules will not infringe the proprietary rights, including
without limitation the intellectual property rights, of any third party; (c) the
use of the Entry, as described in these Rules, will be in compliance with any
third-party licenses pertaining to the Entry; (d) the Entry is not obscene or
libelous, does not contain defamatory or derogatory remarks, and does not
violate any rights of any third party, including but not limited to rights of
privacy or publicity; (e) he/she has accurately categorized and described the
type and nature of the Entry on the Entry Page; (f) the Entry does not
contain any virus, spyware, malware, trap door, worm, or any other device,
mechanism or code that is injurious or damaging to software or hardware
used in conjunction with the Entry; (g) the Entry and its use as described in
these Rules will not violate any federal, provincial, state or local laws or
ordinances; (h) no employer or educational or other establishment has any
rights in the Entry; (i) the Entry is consistent with these Rules; and (j)
he/she has the right to grant the license to Sponsor and its designees in
Section 12 below.
12. AUTHORIZATION TO USE WINNER'S NAME
Accepting the prize constitutes permission for the Sponsor to make public
and otherwise use winner's name, voice, picture, likeness, opinions,
biographical information, city and country of residence, and submitted work
without further compensation in any media now known or hereafter
developed for promotional and/or publicity purposes, unless prohibited by
law. Each winner also agrees to participate in and cooperate with any
promotional activity and/or publicity relating to the Contest as the Sponsor
shall reasonably request from time to time.
13. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
By participating in the Contest, the Entrant agrees to be bound by these
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Rules, including all eligibility requirements and all decisions of the Sponsor.
By participating in the Contest, the Entrant agrees to indemnify, defend, and
hold harmless the Sponsor and its officers, directors, employees, agents,
affiliates, contractors, contributors, subsidiaries, licensors, distributors, and
parent from any and all liability, claims, or actions of any kind, including,
without limitation, property damage, personal injury, and/or death, arising
out of his/her (i) breach of any representation, warranty or covenant
contained in these Rules; or (ii) participation in the Contest; (iii) acceptance
and/or use or misuse of any prize in connection with the Contest; or (iv) any
third party claim relating to any rights in any design submitted.
BY PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT THE
SPONSOR ENTITIES MAKE NO WARRANTY, REPRESENTATION, OR
GUARANTEE OF ANY KIND, EXPRESSED OR IMPLIED, IN FACT OR IN LAW,
RELATING TO THE CONTEST AND/OR THE PRIZES.
By participating in the Contest, the Entrant agrees that the Sponsor is not
responsible, and will in no event be held liable, for any: (a) lost, late,
illegible, misdirected, damaged, incomplete, corrupted or garbled entries; (b)
telephone, computer, or network malfunction or error; (c) communication
disruption or other disruptions related to Internet traffic, virus, bug, worm, or
non-authorized intervention; or (d) damage caused by a computer virus or
otherwise resulting to any computer from Entrant's access of the Contest
website. If such malfunction, error, disruption, or damage occurs or impairs
the administration, security, fairness, or integrity of the Contest, the Sponsor
may, in its sole discretion, suspend, modify or terminate the Contest by
posting a notice at www.foxhead.com . If the Contest is terminated before
the scheduled end of the Contest Period, the Sponsor will determine the
winner from all eligible entries received as of the termination date. Persons
found tampering with or abusing any aspect of the Contest, or whom the
Sponsor believes to be causing or attempting or intending to cause any
malfunction, error, disruption, or damage will be disqualified. The Sponsor
reserves the right to disqualify any unauthorized entries, including, without
limitation, or any entries made through robotic, automatic, mechanical,
programmed or similar multiple-entry, or entry duplication, method and to
disqualify any person or entity using such a method.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, AND ONLY TO
THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAW, BY
PARTICIPATING IN THE CONTEST, THE ENTRANT AGREES THAT IN NO
EVENT WILL THE SPONSOR OR ANY SPONSOR ENTITY BE LIABLE TO
ENTRANTS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR
NATURE OF THE CLAIM, RELATING IN ANY MANNER TO THESE OFFICIAL
RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION THEREIN, EVEN
IF THE SPONSOR OR A SPONSOR ENTITY WERE EXPRESSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. ALSO NOTWITHSTANDING ANYTHING
HEREIN TO THE CONTRARY, BY PARTICIPATING IN THE CONTEST, THE
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ENTRANT FURTHER AGREES THAT IN NO EVENT WILL THE LIABILITY OF THE
SPONSOR OR ANY SPONSOR ENTITY RELATING IN ANY MANNER TO THESE
OFFICIAL RULES, THE CONTEST OR THE ENTRANT'S PARTICIPATION
THEREIN EXCEED THE GREATER OF US$1,000 OR ANY OTHER AMOUNTS
PAID BY THE ENTRANT TO ENTER INTO THE CONTEST. SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE ENTRANT. IN
THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF
COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE
ENTRANT AGREES THAT, BY ENTERING THE CONTEST, (I) ANY AND ALL
DISPUTES, CLAIMS, AND CAUSES OR ACTION ARISING OUT OF OR IN
CONNECTION WITH THE CONTEST, OR ANY PRIZES AWARDED, SHALL BE
RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS
ACTION; AND (II) ANY CLAIMS, JUDGEMENTS AND AWARDS SHALL BE
LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS
ASSOCIATED WITH ENTERING THE CONTEST, BUT IN NO EVENT
ATTORNEY'S FEES.
For the avoidance of doubt, to the extent that English law applies, nothing in
these Rules shall limit or exclude either party's liability for fraud, or for death
or personal injury caused by its negligence, or any other liability to the
extent such liability cannot be excluded or limited as a matter of law.
14. PRIVACY
Except as otherwise stated herein or as otherwise agreed by the Entrant and
the Sponsor, the information communicated by the Entrant in connection
with Entry to the Contest will be used for the purposes relating to this
Contest, and will not be communicated to third-parties without prior
permission. Please refer to our Privacy Policy for further details.
15. INTERPRETATION, GOVERNING LAW; JURISDICTION
Interpretation. In the case of any dispute about the interpretation of the
Rules, Sponsor’s decision as to the interpretation shall be final and Entrant
shall be bound by Sponsor’s decision.
Governing Law. The interpretation and enforcement of these Rules will be
governed by the laws of the State of California, USA, except to the extent
required to be governed by the local law in the place of residence of Entrant.
In relation to residents of the United Kingdom, in the event that the laws of
the State of California do not apply, English law shall apply. The Entrant and
the Sponsor agree to the extent permitted by law to submit all disputes
arising out of or relating to these Rules or the Contest to, and hereby waive
any objection to the exclusive jurisdiction and venue of, the state and federal
courts located in Santa Clara County, California.
16. NAME OF WINNER
For the name of the winner send a self-addressed, stamped envelope to
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“Cobra Starship & Glik’s Fly A Way CONTEST Winner List", Attn: FOX, 18400
Sutter Blvd., Morgan Hill, CA 95037. Requests must be received (not just
postmarked) by November 18th, 2009.
17. CONSIDERATION
The Entrant agrees that the ability to participate in the Contest and to
compete for the prizes offered in connection with the Contest constitute,
where required, sufficient consideration for the Entrant's obligations under
these Rules.
Please retain a copy of these Rules for your records.