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 Poolside x FabFitFun Giveaway to be held from 07:00am Pacific Time on July 9, 2021 to 11:59pm Pacific Time on July 13, 2021, with the official drawing to take place on or about July 14, 2021, (the “Giveaway”). By entering the Giveaway, you agree to be bound by these Giveaway Official Rules. THIS INCLUDES YOUR ACKNOWLEDGEMENT OF AND CONSENT TO DISPUTE PROCEDURES (AS OUTLINED IN THE DISPUTES SECTION BELOW) WHICH, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS REGARDING COVERED MATTERS 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) $100 USD Poolside e-gift card, and one (1) $100 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 July 9, 2021, Instagram post announcing the Giveaway (the Poolside x FabFitFun Giveaway”), (2) tagging two friends and using the hashtag “#giveaway” and “FabFitFun” using the “Add a comment” feature of the FabFitFun’s Poolside x FabFitFun Giveaway Post on Instagram, and (3) by following @fabfitfun, and @wearepoolside on Instagram. All entries must occur between 7:00am Pacific Time on July 9, 2021, to 11:59pm Pacific Time on July 13, 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 360 N. La Cienega Blvd., Los Angeles, CA 90048. 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. 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.
Disputes: You and FabFitFun agree that any dispute that has arisen or may arise between us relating in any way to the Giveaway, the Prize, or the Giveaway Official Rules (including any breach, enforcement, or termination thereof), or otherwise relating to FabFitFun in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Disputes Section.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at legal@fabfitfun.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of California, without regard to conflict of laws principles, will govern all Covered Matters.
Arbitration. These Giveaway Official Rules and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with the Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Giveaway Official Rules, including, any claim that all or any part of these Giveaway Official Rules is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different entrants, but is bound by rulings in prior arbitrations involving the same entrant to the extent required by applicable law . The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER ENTRANTS.
Exception. Each party will retain the right to seek relief in a small claims court in the United States if the claim and the parties are within the jurisdiction of such small claims court.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA ’s rules, unless otherwise stated in this agreement to arbitrate.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise (and except as described in the paragraph labeled “Exception” above), in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and FabFitFun must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and FabFitFun agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
Opt-Out. YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO GIVEAWAYARBITRATIONOPTOUT@FABFITFUN.COM EMAIL ADDRESS (“OPT-OUT NOTICE”) OR VIA US MAIL TO: FabFitFun, Inc., 360 N. La Cienega Blvd., Los Angeles, CA 90048, USA. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME.
Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your entry(ies) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your entry(ies) to: giveawayarbitrationoptout@fabfitfun.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Giveaway Official Rules and its Disputes section 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.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
