"12 DAYS OF HOLIDAYS/12 DAYS OF GIVEAWAYS” OFFICIAL RULES

"12 DAYS OF HOLIDAYS/12 DAYS OF GIVEAWAYS”

OFFICIAL RULES

 

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DETERMINATIONS MADE BY BARCO UNIFORMS, INC. ARE FINAL. ENTRY INTO THE GIVEAWAY CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW. BY ENTERING OR OTHERWISE PARTICIPATING IN THE GIVEAWAY, ALL ENTRANTS AND OTHER PARTICIPANTS AGREE TO ABIDE BY THESE OFFICIAL RULES, WHICH ARE FINAL AND BINDING ON ALL MATTERS PERTAINING TO THIS GIVEAWAY.

  1. Agreement to Official Rules
    Participation in the “12 Days of Holidays/12 Days of Giveaways” (“Giveaway”) constitutes each Giveaway participant’s (each an “Entrant” and collectively “Entrants”) full and unconditional agreement to and acceptance of these Giveaway rules (“Official Rules”) and the decisions of Barco Uniforms, Inc., a Delaware corporation or its designee (“Barco”, “Sponsor”, or “Administrator”) as the legal sponsor of the Giveaway, including, without limitation, decisions regarding eligibility of Giveaway Entries (as defined below), Grand Prize winner selections, and the awarding of the Grand Prizes, which are final and binding in all respects. Winning a Grand Prize is contingent upon being compliant with, and fulfilling all other requirements set forth in, these Official Rules.

 

  1. Giveaway Period
    Internet access and valid Instagram account required. The Giveaway begins December 1, 2023 at approximately 08:00:01 a.m. Pacific Standard Time (“PST”) and ends on December 13, 2023 at 8:00:00 a.m. PST (the “Giveaway Duration”). There are twelve (12) Giveaway entry periods during the Giveaway Duration as follows (each a “Giveaway Entry Period” and collectively referred to as “Giveaway Entry Periods”):
  • The Giveaway Entry Period for Day 1 of the Giveaway begins on December 1, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 1 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 2 of the Giveaway begins on December 2, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 2 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 3 of the Giveaway begins on December 3, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 3 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 4 of the Giveaway begins on December 4, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 4 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 5 of the Giveaway begins on December 5, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 5 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 6 of the Giveaway begins on December 6, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 6 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 7 of the Giveaway begins on December 7, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 7 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 8 of the Giveaway begins on December 8, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 8 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 9 of the Giveaway begins on December 9, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 9 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 10 of the Giveaway begins on December 10, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 10 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 11 of the Giveaway begins on December 11, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 11 Giveaway Entry Period”).
  • The Giveaway Entry Period for Day 12 of the Giveaway begins on December 12, 2023 at approximately 08:00:01 a.m. and ends on December 13, 2023 at 8:00:00 a.m. (“Day 12 Giveaway Entry Period”).

All times mentioned in these Official Rules are PST unless expressly noted otherwise. Administrator’s time-keeping system is the official time-keeping device for the Giveaway. Administrator has the sole discretion in determining the timeliness of any action or inaction related to the Giveaway.

  1. Eligibility
    The Giveaway is open only to individual persons at least eighteen (18) years of age (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) who, as of the date of entry, are permanent legal residents of the fifty (50) United States of America and the District of Columbia, excluding Puerto Rico, Guam, U.S. Virgin Islands and all other United States territories (“Eligibility Area”). VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW. Any effort by an Entrant to misrepresent himself, herself, or themself through the use of aliases or multiple Instagram accounts will disqualify that Entrant. A Giveaway entry generated by a script, bot, macro, or other automated means is void. Employees, contractors, and agents (and their immediate families and household members) of Barco, its subsidiaries, affiliates, and divisions (all collectively, the “Giveaway Entities”) as well as employees, contractors, and agents (and their immediate families and household members) thereof are ineligible to participate or win. A GRAND PRIZE WINNER OF ANY GIVEAWAY ENTRY PERIOD IS INELIGIBLE TO BE A GRAND PRIZE WINNER FOR ANY FUTURE GRAND PRIZE DURING THE GIVEAWAY. For the avoidance of doubt, a Grand Prize Winner of the Day 1 Grand Prize shall not be eligible to be a Grand Prize Winner for Days 2 through 12 of the Giveaway. If it is found, in Barco’s sole discretion, at any time during or after the Giveaway Entry Periods, that any of the eligibility criteria in these Official Rules is not met with respect to any Entrant, that Entrant may be disqualified from the Giveaway. Barco’s determination of eligibility shall be final.

 

  1. How to Enter
    There is no purchase required to enter or win the Giveaway. To enter the Giveaway, eligible Entrants can, during an open Giveaway Entry Period, follow the “How to Enter” instructions as set forth in the caption of the Instagram post for that Giveaway Entry Period. Entrant will receive one (1) entry in the Giveaway per comment under each Instagram post during a Giveaway Entry Period (each a “Giveaway Entry”, and collectively “Giveaway Entries”).

 

No automatic, programmed, robotic or similar means of entry or registration are permitted. Any illegible, unintelligible, incomplete, or garbled Giveaway Entries are void and will be disqualified. The submission of a Giveaway Entry is solely the responsibility of the Entrant, and all internet access and usage charges relating to the Giveaway Entry are the responsibility of the Entrant. Any Entries not in conformance with these Official Rules will be disqualified. Neither Sponsor nor any of its respective employees, representatives or agencies, is responsible for lost, late, damaged, delayed, destroyed, misdirected, incomplete, or illegible entries. Entrants need not be present to win. Once submitted, Entries become the exclusive property of the Administrator and will not be acknowledged or returned. Proof of submission will not be deemed to be proof of receipt by Sponsor. By entering, Entrants give their express permission to be contacted by the Sponsor by direct message, mail, email, facsimile, telephone or text regarding the Giveaway and Sponsor or its affiliates may also contact Entrants via such means regarding other promotions or marketing, sales, or similar commercial events or offers and Entrants will be provided the ability to opt-out of receiving or unsubscribe to such communications.

 

  1. Grand Prize Winner Selections; Odds
    Each potential Grand Prize winner will be selected by the Administrator in twelve (12) separate random drawings at the end of each Giveaway Entry Period in California from among the eligible Giveaway Entries received by the end of each Giveaway Entry Period. One potential winner will be selected per Giveaway Entry Period for a total of twelve (12) Grand Prize winners. The odds of being selected as a potential Grand Prize winner depend on the number of eligible Giveaway Entries received. Subject to verification of eligibility and compliance with these Official Rules, a potential Giveaway winner will be declared the winner of the Giveaway for the day corresponding to the Giveaway Entry Period (each a “Giveaway Winner”).

 

  1. Grand Prize
    Twelve (12) grand prizes will be awarded during the Giveaway for each Giveaway Entry Period as follows:

Day 1 Grand Prize for the Day 1 Giveaway Entry Period

 

·       One (1) set of Barco scrubs and underscrubs

·       One (1) “Nurses Inspire Nurses” light blue smile tee shirt

·       One (1) “Nurses Inspire Nurses” Smile Tumbler

·       One (1) Nurse Appreciation Gift

·       One (1) Human First Badge Reel

The total approximate retail value (“ARV”) of the Day 1 Grand Prize is $169.00.

Day 2 Grand Prize for the Day 2 Giveaway Entry Period

 

·       One (1) set of Barco scrubs and underscrubs

·       One Heated Coffee Mug

·       Atlas Coffee Club Sampler

The total ARV of the Day 2 Grand Prize is $238.00.

Day 3 Grand Prize for the Day 3 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) Experience the Magic Crew sweatshirt

·       One (1) pair of UpAtDawn Compression Socks

The total ARV of the Day 3 Grand Prize is $181.00.

Day 4 Grand Prize for the Day 4 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) Resistance Bands Set

·       One (1) Yoga Mat

·       One (1) Core Sliders

·       One (1) set of Ankle Weights

The total ARV of the Day 4 Grand Prize is $189.00.

Day 5 Grand Prize for the Day 5 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) Mini Popcorn Machine

·       One (1) Gourmet Popcorn Sampler

The total ARV of the Day 5 Grand Prize is $192.00.

Day 6 Grand Prize for the Day 6 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) “Affirmations in a Bottle”

·       One (1) Gratitude Journal

·       One (1) Aromatherapy Shower Steamers

The total ARV of the Day 6 Grand Prize is $167.00.

Day 7 Grand Prize for the Day 7 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) Portable Lunch Warmer

·       One (1) Yeti Lunchbox

·       One (1) $20 UberEats Gift Card

The total ARV of the Day 7 Grand Prize is $197.00.

Day 8 Grand Prize for the Day 8 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) Night Nurse Light Clip

·       One (1) Sleep Club Pillow Spray Set

·       One (1) Overnight Lip Balm Mask

·       One (1) Sleep Massager Mask

The total ARV of the Day 8 Grand Prize is $222.00.

Day 9 Grand Prize for the Day 9 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) $30 iTunes Gift Card

·       One (1) JBL Portable Mini Bluetooth Speaker

The total ARV of the Day 9 Grand Prize is $187.00.

Day 10 Grand Prize for the Day 10 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) Dinner Party Table Topics Game

·       One (1) “What Do You Meme?” Game

·       One (1) Deck of Cards

·       One (1) Healthy Snack Box

The total ARV of the Day 10 Grand Prize is $186.00.

Day 11 Grand Prize for the Day 11 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) Cotopaxi Fanny Pack

·       One (1) Set of Toiletry Travel Accessories

·       One (1) Set of Packing Cubes

The total ARV of the Day 11 Grand Prize is $185.00.

Day 12 Grand Prize for the Day 12 Giveaway Entry Period

·       One (1) set of Barco scrubs and underscrubs

·       One (1) “Nurses Inspire Nurses” Smile Tumbler

·       One (1) Nurse Appreciation Gift

·       One (1) Human First Badge Reel

·       One Heated Coffee Mug

·       One (1) Experience the Magic Crew Sweatshirt

·       One (1) pair of UpAtDawn Compression Socks

·       One (1) “Affirmations in a Bottle”

·       One (1) Gratitude Journal

·       One (1) Aromatherapy Shower Steamers

·       One (1) Yeti Lunchbox

·       One (1) $20 UberEats Gift Card

·       One (1) Night Nurse Light Clip

·       One (1) Sleep Club Pillow Spray Set

·       One (1) Overnight Lip Balm Mask

·       One (1) $30 iTunes Gift Card

·       One (1) JBL Portable Mini Bluetooth Speaker

·       One (1) Dinner Party Table Topics Game

·       One (1) “What Do You Meme?” Game

·       One (1) Cotopaxi Fanny Pack

The total ARV of the Day 12 Grand Prize is $526.00.

 

The total ARV of all 12 Grand Prizes together is $2,639.00.

 

  1. Grand Prize Restrictions

Limit of one (1) Grand Prize per person. All Grand Prize details are at the sole discretion of the Sponsor. A Grand Prize winner cannot assign or transfer the prize to another person. No cash alternative is allowed, except at the sole discretion of Sponsor. If a Grand Prize cannot be awarded due to circumstances beyond the control of Sponsor, a substitute prize of equal or greater retail value may be awarded at the sole discretion of the Sponsor. If a Grand Prize winner is unable or unwilling to accept the Grand Prize, or any portion thereof, as stated, the Grand Prize shall be forfeited in its entirety at the sole discretion of Sponsor. The value of the Grand Prize represents the Sponsor’s good faith determination of the maximum retail value thereof. No refunds or credits for changes are allowed. The ARV of the Grant Prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Grand Prize is awarded or redeemed.

 

  1. Grand Prize Winners Notification
    Each potential Grand Prize winner will be notified via direct message on Instagram within one (1) day of potential winner selection or as soon as reasonably practicable. Each potential Grand Prize winner must respond to the Administrator within twenty-four (24) hours of notification to be eligible to claim the prize or the entire Grand Prize shall be forfeited and the Administrator shall select an alternate potential winner from the remaining eligible Entries received during the applicable Giveaway Entry Period. The Administrator shall have no liability for a potential winner’s failure to receive notices due to internet failure, issues with accessing Instagram or with Instagram or the status of the potential winner’s Instagram account, Instagram spam or general message or other security settings, or for the provision of incorrect or otherwise non-functioning contact information. If the Grand Prize notification is returned as undeliverable, the Grand Prize will be forfeited and an alternate winner will be selected. Each potential Grand Prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. In the event of non-compliance with any of these requirements or the potential winner is disqualified for any reason, or declines the Grand Prize for any reason, an alternate potential winner will be selected by random drawing from among all remaining Entries received during the applicable Giveaway Entry Period and notified. All potential winners are subject to verification by the Administrator, whose decisions are final and binding in all matters related to the Giveaway. An Entrant is not a Grand Prize winner unless and until the Entrant’s eligibility has been verified and Entrant has been notified that verification is complete. If any potential winner is found not to be eligible or not in compliance with these Official Rules or does not respond to notification in the time set forth in these Official Rules, that potential winner will be disqualified in the Administrator’s sole discretion. In the event of a dispute as to the identity of a potential winner based on an Instagram account, the winning Giveaway Entry shall be deemed to be the authorized account holder of the Instagram account submitted at the time of entry. For the purposes hereof, an “authorized account holder” is a natural person who is assigned an Instagram account.

 

  1. General Conditions of Participation
    1. All federal, state and local laws and regulations apply. By participating, each Entrant agrees to be bound by these Official Rules and the decisions of the Sponsor, which shall be final in all respects.
    2. Because of the unique nature and scope of the Giveaway, and because of the complexity of the technology underlying the administration of the Giveaway, Sponsor reserves the right, in addition to those other rights reserved herein, the modify any date(s) or deadline(s) set forth in these Official Rules or otherwise related to the Giveaway.
    3. By participating in the Giveaway, each Entrant represents and warrants that he, she or they:
      1. Is/are at least eighteen (18) years of age (and of the age of majority in his, her or their jurisdiction of residence);
      2. has/have complied with all requirements and terms regarding the use of their services in connection with the Giveaway; and

Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Administrator’s sole discretion. Administrator reserves the right in its sole discretion to disqualify any Entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with these Official Rules.

  1. Barco reserves the right to terminate, modify, or suspend the Giveaway if, in Barco’s sole discretion, there is any suspected or actual evidence of tampering with any portion of the Giveaway or if unauthorized intervention, fraud, technical difficulties, failures, or any other factor beyond Barco’s reasonable control corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway. In that event, Barco reserves the right (but does not have the obligation), in its sole discretion, to award the Grand Prize at random from among eligible, non-suspect Entries received during the Giveaway Entry Period up to the time of suspected impairment. Barco reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules of in an unsportsmanlike or disruptive manner. Any attempt to deliberately tamper with any website associated with the Giveaway is a violation of criminal and civil laws, and, should such an attempt be made, Barco reserves the right to seek damages and other remedies from any person responsible for the attempt to the fullest extent permitted by law. Barco’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision or any other provision of these Official Rules.

 

  1. Publicity

By submitting an Entry, each Entrant grants to Barco and its designees a royalty-free irrevocable license to use his or her or their name, likeness, and biographical information as listed, provided, referenced, or otherwise contained in the Entry worldwide in perpetuity for any purpose related to or in connection with the Giveaway and the Winners’ List, in any medium, without further notice, approval, compensation or additional consideration to Entrant, unless prohibited by law. Entrant understands and accepts that the only compensation the Entrant will receive for granting this right is the publicity the Entrant may receive by the publication or broadcasting of the Entrant’s Entry into the Giveaway or the announcement of the Entrant’s participation in the Giveaway.  A Grand Prize winner may be asked to participate in select publicity activities, as determined at the sole discretion of the Sponsor. Sponsor is not obligated to use any of the above-mentioned information or publicity materials, but may do so and may edit such information or materials, at Sponsor’s sole discretion, without further obligation or compensation.

 

  1. Privacy Policy

Any personal information collected in connection with this Giveaway will be used in accordance with the Barco’s Privacy Policy, posted at https://help.barcomade.com/en-US/privacy-policy-166315.  Submission of personal contact information in connection with the Giveaway (whether or not required), including, without limitation, name, mailing address, phone number, and email address, constitutes permission for Barco and its designees to use such personal contact information for purposes of administration of the Giveaway. Entrants understand that they are providing their personal contact information to Barco, its affiliates,  and participating Giveaway retail locations.   

 

  1. Headings

Headings and captions are used in these Official Rules solely for the convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules of any provision hereof.

 

  1. Non-Endorsement
    By participating in the Giveaway, Entrants acknowledge that the Giveaway is in no way sponsored, endorsed, or administered by, or associated with Instagram, Inc., Meta Platforms, Inc. dba Meta and formerly named Facebook, Inc., Amazon.com, Inc. or any other affiliates or subsidiaries thereto, or any other relevant social media platform, or by any of the brands mentioned or awarded in the Giveaway or any other affiliates or subsidiaries thereto, (collectively, the “Released Platforms”). Entrants hereby release the Released Platforms from any and all liability arising from or related to the Giveaway. The information Entrants provide for the Giveaway is being provided to Barco and not to the Released Platforms or any third party. The use of non-Sponsor trademarks, service marks, logos, or other marks in connection with this Giveaway or any prize is not meant by Sponsor to imply the endorsement of the respective owner(s) of such marks, or any affiliation of the respective owner(s) of such marks with the Giveaway.

 

  1. Interpretation

In the event of any conflict between any information provided on Instagram and marketing material regarding the Giveaway, on the one hand, and these Official Rules, on the other, these Official Rules shall govern.

 

  1. Release and Indemnity

By participating in the Giveaway, each Entrant, to the maximum extent permitted by law, hereby agrees to forever and irrevocably release, indemnify, and hold harmless Barco and its affiliates, subsidiaries, those working on its behalf, the manufacturer or other source, and assigns, the Released Platforms, and each of their respective officers, directors, representatives, employees, agents, successors, and assigns  (the “Released Parties”) from and against all claims, injuries, death, damages, losses, or other liability, either at law or equity, whether known or unknown, asserted or non-asserted, that may arise from, directly or indirectly, or is in any way related to participation in the Giveaway or the award, acceptance, receipt, use, or misuse, of the Grand Prizes.

 

  1. Limitation of Liability

The Released Parties shall not be liable for: (i) save for death or personal injury caused by negligence any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the Grand Prize or resulting from acceptance, possession or use of a Grand Prize including participation in any activity or travel related thereto, or from participation in the Giveaway; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any Grand Prize (or portion thereof) for any reason and such Grand Prize or portion thereof shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Giveaway which are beyond the reasonable control of any of the Released Parties. Giveaway Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Giveaway. Giveaway Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Giveaway (or any portion of the Giveaway) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Giveaway and, in such situation, will select the potential winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Giveaway Entities. Giveaway Entities may prohibit Entrant from participating in the Giveaway or winning a Grand Prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Giveaway Entities representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE INSTAGRAM, THIS OFFICIAL RULES WEBSITE, OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE GIVEAWAY. SHOULD SUCH AN ATTEMPT BE MADE, GIVEAWAY ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.   BY ENTERING THE GIVEAWAY, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE GIVEAWAY, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE RELEASED PARTIES AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THE GIVEAWAY.

 

  1. Arbitration

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES ARISING UNDER OR RELATING TO THESE OFFICIAL RULES OR THIS GIVEAWAY, THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. In the event of any dispute arising out of or in connection with these Official Rules or the Giveaway, such dispute shall be submitted to arbitration to be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures (“Streamlined Rules”). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The Streamlined Rules are currently available online at https://www.jamsadr.com/rules-streamlined-arbitration/.  The arbitrator shall not have the power to impose punitive damages. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in the County of New Los Angeles in the State of California, United States of America.  Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves the confidentiality of Barco's trade secrets and other confidential information. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate, according to the provisions of these Official Rules, all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any other agreements you may enter into with Sponsor in connection with the Giveaway, shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. If either party shall fail to appear at a hearing on the date designated in accordance with the rules of JAMS, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. In the event of any dispute concerning the Giveaway, your sole and exclusive remedy shall be to seek damages pursuant to an arbitration authorized by this Section. For any claim for equitable or injunctive relief, you agree to submit to the exclusive jurisdiction of any state or federal court located in the County of Los Angeles in the State of California, and you waive any jurisdictional, venue or inconvenient forum objections to such courts. IF YOU DO NOT AGREE TO THESE REQUIREMENTS (OR ANY OTHER PROVISION OF THESE OFFICIAL RULES), YOU CANNOT PARTICIPATE IN THE GIVEAWAY.

 

  1. Governing Law; Venue

The Giveaway and these Official Rules are governed by and shall be construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. For any disputes, claims, and causes of action arising out of or in connection with the Giveaway not subject to arbitration according to Section 17 above, must be resolved individually, without resort to any form of class action. Entrant irrevocably agrees to personal jurisdiction by the federal and state courts located in the County of Los Angeles in the State of California, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Each Entrant agrees to service of process by mail or other methods acceptable under the laws of  California. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby irrevocably waive all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorneys' fees, other than your actual out-of-pocket expenses (i.e., costs associated with participating in the Giveaway), and you further irrevocably waive all rights to have damages multiplied or increased. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR ENTRIES OR OTHERWISE RELATED TO THE GIVEAWAY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

  1. Tax Information: All federal, state, local, and other taxes on the Grand Prize and any other costs and expenses associated with the Grand Prize acceptance and use not specified herein as being provided, are the sole responsibility of each Grand Prize winner.

 

  1. Grand Prize Winner Names/Official Rules Request

To obtain the Grand Prize winners’ names or a copy of these Official Rules, send a request along with a stamped, self-addressed, stamped envelope to:

“12 Days of Holidays/12 Days of Giveaways”

350 W Rosecrans Avenue

Gardena, CA 90248

Vermont residents may omit return postage on Official Rules requests. All requests for Official Rules must be received no later than December 31, 2023.

 

  1. Sponsor and Administrator

The Giveaway Sponsor and Administrator is Barco Uniforms, Inc., a Delaware corporation, located at 350 W Rosecrans Avenue, Gardena, CA 90248.