"YOUR MOVE: THE BURNOUT CHALLENGE”

SPONSORED BY BARCO

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. 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 “Your Move: The Burnout Challenge” Sponsored by Barco (“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, Grand Prize Winner selections, and the awarding of the Grand Prizes, which are final and binding in all respects. Winning the Grand Prizes is contingent upon being compliant with, and fulfilling all other requirements set forth in, these Official Rules.

 

  1. Giveaway Period
    Internet access required and valid Instagram account required. The Giveaway begins April 1, 2024 at approximately 12:00:01 a.m. Pacific Standard Time (“PST”) and ends on May 13, 2024 at 9:00:00 a.m. PST (the “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 “Eligibility Area”. The Eligibility Area is defined as the forty-eight (48) United States of America and the District of Columbia, excluding Alaska, Hawaii, 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 email addresses 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 as well as employees, contractors, and agents (and their immediate families and household members) are ineligible to participate or win (all collectively, the “Giveaway Entities”). For the avoidance of doubt, if it is found, in Barco’s sole discretion, at any time during or after the Giveaway Entry Period, 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 the Giveaway Entry Period, follow the “How to Enter” instructions as set forth in the caption of the applicable Instagram post. Entrant will receive one (1) entry in the Giveaway per submission that strictly and completely complies with the “How to Enter” instructions under each applicable Instagram post during the 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 Prizes
    Three (3) grand prizes will be awarded during the Giveaway: one (1) “First Place Prize” (as defined below); one (1) “Second Place Prize” (as defined below), and one (1) “Third Place Prize” (as defined below, the First Place Prize, Second Place Prize and Third Place Prize each a “Gran Prize” and collectively the “Grand Prizes”).

 

  1. First Place Prize – Peloton New York Experience (the “Trip”). The “First Place Prize” includes the following:
    • Roundtrip coach class airfare for First Place Winner and Guest to New York, New York from the major U.S. airport nearest to Giveaway Winner’s resident within the Eligibility Area from an airline selected by Barco at its sole discretion;
    • Three (3) days/two (2) nights hotel accommodations selected by Barco at its sole discretion (1 room, double occupancy);
    • One (1) Live Class at Peloton Studios New York for First Place Winner and Guest
    • One (1) Peloton Guide and Guide Accessories Set
    • One (1) Gift Card of $288 for Peloton Guide 1 Year Membership
    • One (1) Five Hundred ($500.00) American Express gift card to use for dining during the Trip;
    • One (1) Two Hundred Dollar ($200) ride-share voucher for transportation to and from the airport during the Trip once First Place Winner and Guest arrive in New York, York;
    • One (1) 3-piece Barco One Scrub Set + Underscrub

 

  1. Second Place Prize – Peloton Bike & Membership. The “Second Place Prize” includes the following:
    • One (1) Peloton Bike
    • One (1) Gift Card of $264 for six (6) month Peloton Membership
    • One (1) Peloton Swag Bag which includes bike mat, water bottle, cycling shoes, and one (1) set of weights
    • One (1) 3-piece Barco One Scrub Set + Underscrub
  2. Third Place Prize – “Peloton Guide & Membership”. The “Third Place Prize” includes the following:
    • One (1) Peloton Guide
    • One (1) Gift Card of $144 for six (6) month Peloton Membership
    • One (1) Peloton Swag Bag which includes water bottle, yoga mat, and two (2) sets of weights
    • One (1) 3-piece Barco One Scrub Set + Underscrub

Guest must be 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, then such legal age of majority) who, as of the date of entry, is a permanent legal resident of one of the states in the Eligibility Area.

The approximate retail value of the First Place Prize is Three Thousand Four Hundred Fifty and 00/100 Dollars ($3,450.00). The approximate retail value of the Second Place Prize is Two Thousand One Hundred Fifty and 00/100 Dollars ($2,150.00). The approximate retail value of the Third Place Prize is Nine Hundred Fifty and 00/100  Dollars ($950.00). The total approximate retail value (“Total ARV”) of all Grand Prizes is ($6,550.00).

 

  1. Grand Prize Winners Selection; Odds
    One (1) potential winner of the First Place Prize (the “First Place Winner”), one (1) potential winner of the Second Place Prize (the “Second Place Winner”), and one (1) potential winner of the Third Place Prize (the “Third Place Winner”, First Place Winner, the Second Place Winner, and the Third Place Winner, each a “potential Grand Prize Winner” and collectively referred to as “potential Grand Prize Winners”) will be selected by the Administrator in a random drawing on or about May 13, 2024 after the close of the Giveaway Entry Period in Gardena, California, from among all eligible Giveaway Entries received by the end of the Giveaway Entry Period. The potential Third Place Winner will be selected first. The potential Second Place Winner will be selected second. The potential First Place Winner will be selected last. The odds of being selected as a potential Grand Prize Winner depend on the number of eligible Giveaway Entries received during the Giveaway Entry Period. Subject to verification of eligibility and compliance with these Official Rules, the three (3) potential Grand Prize Winners will be declared the official winners of the Giveaway (each a “Giveaway Winner” and collectively the “Giveaway Winners”).

 

 

  1. Grand Prize Restrictions

Limit of one (1) Grand Prize per person/household. Actual Grand Prize value depends on each Giveaway Winner’s place of residence and cost and availability of airfare and hotel at the time of booking and travel and may be substantially higher or lower than the stated ARV. Blackout dates may apply. The Grand Prize is awarded “AS IS”. All Grand Prize details are at the sole discretion of the Sponsor. A Giveaway 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 Giveaway 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. All other expenses and costs, not expressly listed above, including, but not limited to passport fees, visa fees, resort taxes, sales tax, luxury tax, income tax, and all other taxes and expenses, tips or gratuities, entertainment, transit fits, transfers, transportation costs, transportation to and from a Giveaway Winner’s home to airport, meals, as well as seat assignment or baggage fees determined by selected airline, or overnight accommodations, required or recommended insurance, vaccinations and medications common for travel, spending money for souvenirs or personal purchases, or personal equipment are each Giveaway Winner’s sole responsibility. All fees associated with transport are the responsibility of each Giveaway Winner and Guest, respectively. Other restrictions may apply. Save for liability for death or personal injury due to negligence, each Giveaway Winner and Guest agree that they undertake the Trip at their own risk. The First Place Winner and Guest must have valid travel documents (e.g., valid U.S. government issued photo ID and/or Passport and applicable visa, if required) prior to departure. Failure to do so will result in forfeiture of the First Place Grand Prize. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. All air transportation tickets are subject to the vagaries of flight variation, work stoppages and schedule or route changes. If the closest airport to a Giveaway Winner’s home is in close enough proximity to the destination so that, as Sponsor may determine in its sole discretion, a flight is unnecessary, such Giveaway Winner will receive alternate transportation from the Sponsor with no further obligation to the Giveaway Winner. No Giveaway Winner will receive cash or any other form of compensation if actual travel costs are less than the Grand Prize ARV in these Official Rules. Sponsor reserves the right to structure the travel route, travel dates and select hotels in its sole discretion. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Each Giveaway Winner will be required to provide a credit card to hotel to cover incidentals which are not included in the First Place Grand Prize.

 

In connection with travel related to the Trip or any Grand Prize element or activity, please be advised that the Sponsor’s policies, CDC guidelines, and the recommendations of health officials must be followed. In addition, each Giveaway Winner and Guest should be aware of and comply with government guidelines regarding travel restrictions and mandatory quarantines before visiting any Grand Prize destination. Please note that any public location where people are present provides an inherent risk of exposure to COVID-19, and Sponsor cannot guarantee that any person will not be exposed during a visit. COVID-related fees such as testing, vaccinations, and quarantines as required by in-country arrival/departure or USA arrival/departure are the sole responsibility of each Giveaway Winner.

 

By entering the Giveaway and accepting the Grand Prize, each Giveaway Winner and Guest agree to maintain his/her/their behavior in accordance with all applicable laws and generally accepted social practices. Each Giveaway Winner and Guest understand and agree that Sponsor or prize provider has the right, in their sole discretion, to disqualify and remove the Giveaway Winner and Guest from any activity at any time if their behavior at any point is uncooperative, disruptive, or may or does cause damage to the person, property, or reputation of Sponsor or otherwise violates the policies of the prize provider, and in such case, the Giveaway Winner will still be solely responsible for all taxes and other expenses related to the prize. In the unlikely event that any portion of the Grand Prize is cancelled, undeliverable, or unable to take place for any reason, each Giveaway Winner agrees that Sponsor has no further obligations to that Giveaway Winner other than delivery of the remainder of the Prize (if any), and no other additional compensation will be provided. In the event that a Giveaway Winner is unable to comply with the terms and conditions set forth in these Official Rules, Sponsor reserves the right to deem such individual ineligible and to select an alternative potential Grand Prize Winner from among the remaining Entrants.

 

  1. Grand Prize Winners Notification
    The potential Grand Prize Winners will be notified through Instagram or email within two (2) business days of a potential Grand Prize Winner’s selection or as soon as reasonably practicable. Each potential Grand Prize Winner must respond to the Administrator within forty-eight (48) 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 Grand Prize Winner from the remaining eligible Entries received during the Giveaway Entry Period. The Administrator shall have no liability for a potential winner’s failure to receive notices due to spam, junk e-mail, 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. Each potential Grand Prize Winner shall be required to sign, notarize (where applicable), and return an Affidavit of Eligibility and Liability/Publicity Release within seven (7) days of notice in order to receive the Grand Prize, as well as, a copy of a valid US issued government identification, as may be required by the Administrator. In the event of non-compliance with any of these requirements or the potential Grand Winner is disqualified for any reason, or declines a Grand Prize for any reason, an alternate potential Grand Winner will be selected by random drawing from among all remaining Entries received during the Giveaway Entry Period and notified. The potential Grand Winner is 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 Grand 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 Grand Winner will be disqualified in the Administrator’s sole discretion. In the event of a dispute as to the identity of a potential Grand Winner based on an email address, the winning Giveaway Entry shall be deemed to be the authorized account holder of the email address submitted at the time of entry. For the purposes hereof, an “authorized account holder” is a natural person who is assigned to an email address by an internet access provided, on-line service provider, or other organization (e.g., business, education, institutional, etc.) that is responsible for assigning email addresses for domain associated with the submitted email address.

 

  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.  Grand Prize Winners 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 from the Website 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., Peloton Interactive, 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 the Website 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 THE 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:

 

“Your Move: The Burnout Challenge” Sponsored by Barco

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.