CONTEST OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE CONTEST OR TO WIN THE PRIZE. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
To enter the Fox Factory, Inc. (“Fox,”
) Marzocchi 2022 Sea Otter Contest (the “Contest
If you do not agree to each of the terms and conditions of these Official Rules, you are not eligible to enter and/or win the Contest.
Fox, with its principal executive offices located at 2055 Sugarloaf Circle, Suite 300, Duluth, Georgia 30097, is the sole sponsor of the Contest.
To be eligible to participate in a Sweepstakes, you must: (i) be a legal resident in one of the 50 United States of America, the District of Columbia or Canada, excluding Quebec; and (ii) be at least eighteen (18) years of age or the legal age of majority in your jurisdiction of residence (whichever is older) on the date you submit your entry. Sponsor reserves the right to require evidence of age and residency before any Prize is awarded to you. Employees, officers, and directors of Fox, or its parents, subsidiaries, affiliated companies, agents, distributors, advertising, promotion, and production agencies, or members of their respective immediate families (parents, spouse, children, siblings) or individuals residing in their households (whether or not related) are not eligible to enter the Contest or to win the Prize.
 Provide your first and last name;
 Provide your email; and
 Consent to marketing messages from Fox Factory, Inc. and its subsidiaries, including RFE Holdings (Canada) Inc. and its brands Marzocchi, Easton, and Raceface (all entities and brands collectively, “Fox”).
Completing the steps 1-3 above constitutes entry into the Contest (an “Entry”).
Only one Entry per individual is allowed. Currently sponsored Fox athletes are excluded from eligibility. By submitting an Entry, you agree to comply with the Official Rules and to be bound by these terms and conditions.
To be considered, your Entry must be completed any time between April 7, 2022 at 09:00 Pacific Time (“PT”) and ending April 10, 2022 at 16:00 PT (“Entry Period
”). Any Entry that is not completed within the Entry Period or is otherwise incomplete or ineligible at the end of the Entry Period will not be considered.
The Prize is Marzocchi Bomber Z1 (the “Prize
”). Approximate retail value (“ARV
”) of the Prize is $780 USD. No substitution or transfer of any prize or election of cash in lieu of any prize by the winner will be permitted. Sponsor reserves the right to substitute any prize of equal or greater value. Prizes are nontransferable and non-assignable. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All details and other restrictions of the prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. All prize-related expenses, and federal, state, and/or local taxes are the sole responsibility of the winner.
Winners of prizes with value over $600 will be issued an IRS 1099 tax form, and information will be reported to the IRS if legally required.
SELECTION OF WINNER
On April 1,1 Sponsor will randomly select an Entry submitted during the Entry Period. Sponsor will notify the winner that their Entry has been chosen via an email to the email address provided in the winner’s Entry. In that notification, Sponsor will instruct the winner to email the Sponsor at a specified email address to verify eligibility and proceed to claim the Prize. It is the entrant’s responsibility to monitor the email account provided in their Entry. In the winner’s email response, winner must include his or her full name, date of birth, mailing address, phone number, and email address. Sponsor reserves the right to require the winner to demonstrate ownership of the email account associated with the winning Entry before prize will be awarded. Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, and/or a Publicity Release (collectively, “Prize Claim Documents
”). The winner must email Sponsor at the specified email address with the requested information within five (5) days of receiving the email notification. Failure to respond or an inadequate response may result in disqualification and the selection of an alternative winner, at Sponsor's sole discretion. Sponsor will send the winner the Prize to the mailing address provided once eligibility requirements are verified.
Sponsor reserves the right to modify the Contest or disqualify an entrant if fraud, misconduct or technical failures destroy the integrity of the Contest as determined by Sponsor in its sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
OPERATION OF THE CONTEST
Sponsor has the sole right to determine eligibility in its discretion. Sponsor has the right to disqualify any potential winner that the Entry or entrant has not complied with and/or is ineligible under these Official Rules.
Sponsor is not responsible for illegible, lost, stolen, late, damaged, incomplete, mutilated or misdirected entries or for any problems or any technical malfunctions related to the electronic submission of Entries or the operation of the Contest. If all required information is not provided or an Entry is illegible, or technically inaccessible, the entry will be deemed ineligible. Any Entry that does not comply with the Official Rules may be withdrawn, rejected, and deemed ineligible for participation in the Contest. If, for any reason, the Contest is not capable of running as planned, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest.
The Prize is “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FROM SPONSOR INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
Entrants, by participating in the Contest, release and agree to hold Sponsor and its parent, subsidiaries, affiliates, employees and independent contractors harmless from and against any and all liability, claims or action of any kind whatsoever for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, relating to or arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of the Prize, including participating in this Contest or in any Contest-related activity. Each entrant agrees to indemnify Sponsor from any and all liability resulting or arising from the Contest and to hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize awarded or the Contest. Additionally, Sponsor is not responsible for late, lost, stolen, incomplete, misdirected, garbled, damaged, delayed or undelivered Entries; or for any virus contracted by an entrant's computer through participation in the Contest, for any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access. Sponsor is not responsible for other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the notification of winner, or in any Contest-related materials. Sponsor is not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider, website, or other connections or any combination thereof.
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS CONTEST. SPONSOR'S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF ANY TYPE OR ACTIONABLE IN ANY WAY.
By entering the Contest, you agree to indemnify, defend, and hold harmless the Sponsor, its parent, subsidiaries and affiliates, and each of their officers, directors, employees, owners, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) any false or misleading statement or representation made by you in connection with the Contest; (ii) any non-compliance by you with these Official Rules; (iii) claims brought by persons or entities arising from or related to your participation in or involvement with the Contest; (iv) any error in the collection, processing, or retention of any entry information in relation to your entry and participation in the Contest; or (v) in relation to your Entry or participation in the Contest. Sponsor reserves the right to take exclusive control and defend any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Sponsor in asserting any available defenses.
CHOICE OF LAW
The Contest shall be governed by and interpreted under the laws of the State of Georgia without regard to conflict of law provisions. By entering the Contest, you agree that any disputes, claims, causes of action or controversies arising out of or in connection with this Contest shall be resolved on an individual basis by the State and Federal courts in Georgia, which shall have sole jurisdiction of any controversy regarding or arising from the Contest or these Official Rules. Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with this Contest or these Official Rules.
If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
and otherwise as allowed by law and these Official Rules.
COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials related to this Contest infringe your copyright and are hosted by Fox on its ridefox.com website or its Instagram or other social media accounts, you (or your agent) may send a notice requesting that the material be removed. Your request must be in accordance with the DMCA and Fox's specified procedures, as stated in Fox’s Terms of Service, available at https://www.ridefox.com/tos.php?p=terms
on April 30 2022.