The Manly Bands Survey Contest Official Rules (“Official Rules”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. PROMOTION DESCRIPTION: The Manly Bands Survey Contest (the “Contest”) consists of a single grand prize, as set forth in greater detail herein. The entry period is valid through October 1, 2021, at 11:59 p.m. MST (the “Contest Period”). To win, a person (hereinafter, “you” or the “Entrant”) must complete the Survey (as defined herein) about Manly Bands by October 1, 2021, at 11:59 p.m. MST. The winner chosen will receive a prize, as set forth in greater detail below. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Manly Bands, LLC, with an official address at 151 E. 1750 North, Unit E, Vineyard, UT 84059 (“Manly Bands”), which shall be final and binding in all respects.
2. ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and District of Columbia who are at least eighteen (18) years of age or older at the time of entry are eligible to enter and must not be employees, or immediate family members of employees, of Manly Bands. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
3. HOW TO ENTER: Entrant must complete a survey about, and relating to, Manly Bands, its products and services, that will arrive via email directly from Manly Bands (the “Survey”). The Survey must be completed by October 6, 2021, at 11:59 PM MST.
4. WINNER SELECTION AND NOTIFICATION: The five (5) winners of the Prize shall be selected, at random, by Manly Bands. Manly Bands may select additional entries to be used as replacements in the event that the first entrant chosen as a finalist cannot satisfy these Official Rules or take a prize. The winner shall receive an email sent to the email address first provided when submitting the entry from Manly Bands, informing the Entrant that he or she has won the Grand Prize and instructing the potential winner to follow instructions on how to claim the prize. Time is of the essence in awarding the prize. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt, or if the notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may forfeit his or her prize and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified, and an alternate winner may be selected.
5. PRIZES: Five (5) prize winner will receive a $100 Manly Bands order credit (the “Grand Prize”). The total approximate retail value (“ARV”) of the Grand Prize is Five Hundred Dollars (USD $100.00).
6. GENERAL PRIZE CONDITIONS: The Prizes will be awarded only if the potential prize winner(s) fully complies with these Official Rules. All portions of the prize(s) are non-assignable and non-transferable. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Manly Bands in its sole discretion. No cash alternative or substitution of the prize will be allowed.
7. ODDS. The odds of winning depend on the number of eligible entries received.
8. RIGHTS GRANTED BY YOU - COPYRIGHT. All Survey responses (“Content”), and any copyright subsisting in the Content shall, by submission to Manly Bands hereunder, become and remain the property of Manly Bands, who may publish or cause to be published, any of the Content received. For clarity, by entering the Contest and providing Content, Entrant understands and agree that it is granting and assigning the copyright in the Content to Manly Bands, and that hereinafter, Manly Bands shall be deemed to be the owner of all tangible and intangible works created by Entrant, and all Content shall be deemed assigned to Manly Bands under the U.S. Copyright Act (17 U.S.C. § 101 et seq.), and any other applicable copyright law worldwide, for all registrations, renewals thereof, and otherwise. By providing Manly Bands this Content, Entrant represents and warrants that Entrant’s entry is an original work of authorship, owned solely by you, and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, you will be disqualified at the sole discretion of Manly Bands. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Manly Bands from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Manly Bands may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. RIGHTS GRANTED BY YOU - USE RIGHTS. Manly Bands, anyone acting on behalf of Manly Bands, and Manly Bands licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use, in any and all media now known or hereafter developed, in perpetuity and throughout the World, without limitation, an irrevocable right to the Content, and In addition, Manly Bands shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use or incorporate into its service any suggestions, enhancement requests, recommendations or other feedback provided by you.
10. LIMITATION OF LIABILITY. By entering, Entrant agrees to release and hold harmless Manly Bands and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes: THIS CAMPAIGN IS GOVERNED BY THE LAWS OF THE US AND THE STATE OF UTAH WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Contest, Entrant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Campaign, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Utah, having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Contest). Entrant further waives all rights to have damages multiplied or increased.
13. NO RELATIONSHIP. The Contest hosted by Manly Bands is in no way sponsored, endorsed, administered by, or associated with Facebook and/or Instagram. You are providing your information to Manly Bands and not to Facebook and/or Instagram.