FABFITFUN “FALL YALL” GIVEAWAY

FABFITFUN “FALL YALL” GIVEAWAY 

Giveaway Official Rules

NO PURCHASE or FabFitFun MEMBERSHIP REQUIRED TO ENTER OR WIN, AND WILL NOT INCREASE YOUR CHANCES OF WINNING. YOU HAVE NOT WON YET.

These Giveaway Official Rules apply to the Fall Yall Giveaway to be held from 07:00am Pacific Time on September 17, 2021 to 11:59pm Pacific Time on September 21, 2021, with the official drawing to take place on or about September 22, 2021, (the “Giveaway”). By entering the Giveaway, you acknowledge that your information will be handled in accordance with FabFitFun’s Privacy Policy, and you agree to be bound by these Giveaway Official Rules.  THIS INCLUDES YOUR ACKNOWLEDGEMENT OF AND CONSENT TO DISPUTE PROCEDURES (AS OUTLINED IN THE “DISPUTE RESOLUTION AND ARBITRATION AGREEMENT” SECTION BELOW) WHICH, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS ARISING OUT OF OR RELATING TO THE GIVEAWAY THAT YOU HAVE AGAINST FABFITFUN TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

Prize: There will be one prize which consists of one (1) FabFitFun Gift Card for a total estimated retail value of $200 USD. Odds of winning depend on the number of eligible entries received by FabFitFun during the Entry Period (defined below). Payment of any and all taxes associated with each prize is the responsibility of the winner of the prize.

Eligibility: Entrants must be at least the age of majority in their state, province or territory of residence, and must reside in the United States, the District of Columbia or Canada (residents of Quebec province excluded) to enter or win a prize. Employees of FabFitFun,their affiliates, or their respective advertising, public relations, accounting or legal firms, and immediate family members or individuals living in the same household of such employees, are not eligible to enter the Giveaway or win a prize. For purposes of these eligibility rules, “immediate family members” mean spouse, children, parents, parents of spouse, siblings, and spouse’s siblings.

Additional Eligibility Requirements: Prior to receiving any prize, the winner must provide FabFitFun with any information or certifications needed by FabFitFun, in its sole judgment, for tax reporting purposes. The prize winner also must complete, sign and return to FabFitFun, a Declaration of Eligibility & Release to be eligible to receive the prize. If you fail to satisfy these conditions within three (3) days after we send you notice that your entry has been selected, you will not be eligible for the prize and we will select an alternate winner as described in “Selection of Winners” below. Giveaways are subject to all applicable federal, provincial, state and local laws. All decisions on eligibility will be made by FabFitFun and its decisions are final and binding.

For Canadian Residents Only: Before being declared a winner, the selected entrant must first correctly answer, without assistance of any kind, whether mechanical or otherwise, a time limited mathematical skill testing question to be administered by telephone at a time mutually convenient for the entrant and FabFitFun or promotional agent of FabFitFun.

How to Enter: You may enter by (1) “liking” FabFitFun’s September 17, 2021, Instagram post announcing the Giveaway (the Fall Yall Giveaway”), (2) tagging two friends and using the hashtag “#giveaway” and “FabFitFun” using the “Add a comment” feature of the FabFitFun’s Fall Yall Giveaway Post on Instagram, and (3) by following @fabfitfun on Instagram. All entries must occur between 7:00am Pacific Time on September 17, 2021, to 11:59pm Pacific Time on September 21, 2021, (the “Entry Period”).

Entering Without Membership or Purchase: Non-FabFitFun-members are welcome to enter and no purchase from FabFitFun of any kind is required to do so.

Selection of Winners: After the end of the Entry Period, a FabFitFun representative will select the winner by a random selection process. If FabFitFun determines that the person whose entry is selected was not eligible to enter the drawing, or if the person drawn refuses to accept the prize or fails to complete the eligibility requirements described in “Additional Eligibility Requirements” above, or if the person whose post is selected cannot be contacted or identified, FabFitFun will conduct a subsequent random drawing from all remaining eligible entries to select an alternate winner. The winner will be contacted via the method of entry (for example, direct message to their Instagram account).

Instagram: This Giveaway is in no way sponsored, endorsed, or administered by Instagram. Each entrant hereby releases the Social Media Platform from any liability in connection with participation in this Giveaway.

Giveaway Sponsor and Winner Information: This Giveaway is sponsored by: FabFitFun, located at 700 N. San Vicente Blvd., Los Angeles, CA 90069. Except as limited by law, the names of winners will be available upon request, at no charge, by contacting FabFitFun at VIP@FabFitFun.com, or by sending a self-addressed stamped envelope to FabFitFun at the address above, Attn: Giveaway.

Additional Agreements/Waivers: By entering the Giveaway, each entrant agrees (a) to be bound by these Giveaway Official Rules and to interpretation of these rules by FabFitFun and (b) that FabFitFun and their agents, affiliates, representatives, and employees will have no liability whatsoever for any injuries, losses or damages of any kind resulting from acceptance or use of the prize(s). Except as prohibited by law, each winner also consents, by entering the Giveaway and without further compensation, to FabFitFun’s use and publication of the winners’ names, photographs, likeness, biographical information, and details of winning for FabFitFun’s advertising, promotional, or regulatory purposes. Each winner also agrees that FabFitfun may provide the winner’s name, phone number, email address, mailing address and/or other information to third parties as needed to fulfill the prize(s). Giveaway void where prohibited by law. In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event that the Giveaway is unable to run as planned for any other reason, as determined by FabFitFun in its sole and absolute discretion, FabFitFun may, in its sole discretion, either (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Giveaway Official Rules, (b) terminate the Giveaway and, in the event of termination, award the prize at random among the eligible, non-suspect entries received in such Giveaway up to the time of the impairment, or (c) in the case of any force majeure event including, without limitation, acts of God, war, government regulation or advisory, acts and/or threats of terrorism, civil disorder, fire, flood, explosion, earthquake, epidemic, pandemic, major accidents or other calamity or casualty, curtailment of transportation facilities, or any other cause or circumstance beyond FabFitFun’s control, making it illegal or impossible to conduct the Giveaway, FabFitFun may terminate the Giveaway in its sole discretion. FabFitFun reserves the right in its sole discretion to disqualify any entrant found to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of the Giveaway Official Rules or in an unsportsmanlike or disruptive manner. FabFitFun reserves the right to change, modify, or extend the Entry Period if it should be deemed necessary. Failure by FabFitFun to enforce any provision of the Giveaway Official Rules shall not constitute a waiver of that provision.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT: YOU AND FABFITFUN MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY, AND AGREE TO RESOLVE ANY CLAIM OR DISPUTE AGAINST EACH OTHER ON AN INDIVIDUAL BASIS IN ARBITRATION, IN ACCORDANCE WITH SECTION 12 OF THE FABFITFUN TERMS OF USE AND SALE (“TOUS”). This will prohibit you and FabFitFun from bringing any class, collective, or consolidated proceeding against each other, and will also prohibit you and FabFitFun from participating in or recovering relief under any current or future such actions brought by someone else. Arbitration is more informal than a lawsuit in court: there is no judge or jury in arbitration; discovery in arbitration may be more limited than discovery in litigation; and court review of an arbitration award is limited.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU AND FABFITFUN ARE EACH WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ANY AND ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THE GIVEAWAY, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN SECTION 12 of the TOUS. 

Opt-Out: YOU CAN CHOOSE TO REJECT THIS ARBITRATION AGREEMENT (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO GIVEAWAYARBITRATIONOPTOUT@FABFITFUN.COM (“OPT-OUT NOTICE”) OR VIA US MAIL TO: FabFitFun, Inc., 700 N.San Vicente Blvd., Los Angeles, CA 90069, USA. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ENTER THE GIVEAWAY. 

In order to opt-out, you must include in your Opt-Out Notice your name, address (including street address, city, state, and zip code), and email address(es) or social media handle used to enter the Giveaway and an unaltered digital image or copy of a valid driver’s license or government-issued ID which matches the name you provide. Each opt-out notice may opt out only one person; opt-out notices that attempt to opt out multiple people at the same time will be ineffective.  This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out, all other parts of these Official Giveaway Rules and any other agreements between you and FabFitFun will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Severability: If any provision of the Giveaway Official Rules is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision will be severed from these Official Giveaway Rules, (2) the remainder of the Official Giveaway Rules will be given full force and effect, and (3) severance of the unenforceable or unlawful provision will have no impact on the remainder of the Official Giveaway Rules.