BY SUBMITTING AN ENTRY TO THIS GIVEAWAY DURING THE GIVEAWAY ENTRY PERIOD, YOU AGREE TO THESE OFFICIAL RULES. READ THEM CAREFULLY BEFORE ENTERING. AMONG OTHER THINGS, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE GIVEAWAY ENTITIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE.
A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED.
The ABX x People’s Giveaway (“Giveaway”) is governed exclusively by the laws of the State of California. You are not authorized to participate in the Giveaway if you are not located within California and are twenty-one (21) years or older.
The Giveaway is sponsored by CRFT Manufacturing, Inc. (“Sponsor”) and hosted by People’s Marketing Group, LLC (“Host”). By entering the Giveaway, the entrant (“Entrant”) agrees to be bound by the Official Rules (“Official Rules”) and the decisions of Host and Sponsor, which are final and binding in all respects.
1. DATES OF GIVEAWAY. Giveaway begins at 12:00:01am Pacific Standard Time (“PST”) on August 4, 2021 and ends at 11:59:59pm PST on September 6, 2021 (the “Giveaway Period”).
2. ELIGIBILITY. Giveaway is open only to legal residents of the State of California, who are Twenty-One (21) years of age or older as of the date of entry (the “Entrant”). Void outside of the State of California, and where prohibited, taxed or restricted by law. Officers, directors, managers, and employees of Host and Sponsor, and each of its respective parents, subsidiaries, affiliates and related companies and their respective advertising and promotion agencies, consultants and agents, as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Giveaway, (collectively the “Giveaway Entities”) are not eligible to participate. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law. Giveaway may only be entered in or from the State of California, and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.
3. HOW TO ENTER. There are two (2) ways to enter:
- 3.1. IN STORE. To enter, visit the People’s First Choice, LLC store located at 2721 S. Grand Ave. Santa Ana, CA 92704 during the Giveaway Period and locate the kiosk at the ABX x People’s in store display labeled “Enter for a Chance to Win This Custom Surfboard” and complete the Giveaway entry form in its entirety including: First name, Last name, email address. Then, click the “Submit” button to receive one (1) entry into the Giveaway. Each valid email address may only be used once to obtain an entry into the Giveaway.
- 3.2 ONLINE. To enter, Entrant must visit https://peoplescali.com/abx-surfboard-giveaway (the “Online Giveaway Website”) during the Giveaway Period and complete the Online Giveaway entry form in its entirety including: First name, Last name, email address. Then, click the “Submit” button to receive one (1) entry into the Giveaway. Each valid email address may only be used once to obtain an entry into the Giveaway.
4. DRAWING/ODDS. On or about September 7, 2021, potential prize winners will be selected in a random drawing from all eligible entries received by the Host. Odds of winning depend on the number of eligible entries received for the Giveaway. By entering the Giveaway, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, Host, and Giveaway Entities, which will be final and binding in all matters relating to the Giveaway.
5. GRAND PRIZE: Two (2) grand prizes will be awarded, each consisting of a Rusty surfboard (“Grand Prize”). Total approximate retail value (“ARV”) of each Grand Prize is $599.00.
6. PRIZE RESTRICTIONS: All prizes are non-transferable or assignable and no substitutions or cash redemptions; except at Sponsor and Host’s sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen prizes. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Each prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. No more than the stated number of prizes set forth in these Official Rules will be awarded. Potential prize winners consent to the use of his/her name, likeness, biographical information, and voice in advertising worldwide without additional compensation.
- GRAND PRIZE:
Potential Grand Prize winners will be notified by the Host by email and/or phone on or about September 7, 2021 (the “Notification”). Grand Prize winners must respond to Notification within 5 business days of the Host’s first Notification. In the event the Grand Prize winners fail to respond to the Notification within 5 business days of the Host’s first Notification to the potential winners or if it is determined by Host, in their sole discretion, that a potential Grand Prize winner is not eligible in accordance with these Official Rules, an alternate Grand Prize Winner will be selected at random from among the remaining non-winning eligible entries received during the Giveaway Period. The potential Grand Prize winners will be required to sign and return (except where prohibited) an Affidavit of Eligibility and Liability/Publicity Release and a W-9 tax form (the “Paperwork”) within ten (10) days of the Notification. After verification of the Affidavit, Grand Prize winner will pick up the Grand Prize at 2721 S. Grand Ave. Santa Ana, CA 92705. Potential Grand Prize winners must return the Paperwork within the date and time indicated in the Notification. If a potential Grand Prize winner fails to return the Paperwork within the date and time indicated in the Notification, or is found to be ineligible, or if he/she does not comply with the Official Rules, such potential Grand Prize winner and his/her entry will be disqualified, and another potential Grand Prize winner will be selected from the remaining eligible entries received. If the Notification is returned as undeliverable, this will result in disqualification and an alternate Grand Prize winner will be selected from all remaining eligible entries.
The value associated with the Grand Prize is taxable as income and the Grand Prize winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Grand Prize. The Sponsor must report the value of the Grand Prize to the Internal Revenue Service in the year the Grand Prize is received by the Grand Prize winners and will be reported to the Grand Prize winners and the Internal Revenue Service in the form of a Form 1099. Grand Prize winners must pick up Grand Prize within Ten (10) days.
8. CONDITIONS. This Giveaway is conducted in English. All federal, state and local taxes are the sole responsibility of the prize winners. By participating in this Giveaway, Entrants and prize winners agree to be bound by these Official Rules and the decisions of the Sponsor and Giveaway Entities, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Giveaway any Entrant it believes has violated these Official Rules and verify eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Giveaway, except as expressly set forth in these Official Rules. By participating in this Giveaway, Entrants, and prize winners release the Sponsor and each and all of the Giveaway Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Giveaway, and/or the receipt or use/misuse of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Giveaway. All Giveaway materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Giveaway materials submitted to Sponsor. In the event any portion of this Giveaway is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Giveaway or this Giveaway, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Giveaway. Sponsor may prohibit an Entrant from participating in the Giveaway or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Giveaway by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Giveaway Entities. If for any reason this Giveaway is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Giveaway, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Giveaway and randomly draw from those entries received up to the cancellation/suspension date to award prizes. The Giveaway Entities are not responsible for technical failures of any kind, including, but not limited to, the malfunctioning of any wireless network, telephone, computer, computer network, hardware or software or the unavailability or inaccessibility of any service. The Giveaway Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s handset or email storage to receive messages. Those who do not follow all the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions may be disqualified. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
9. GRANT OF RIGHTS. Winning a prize constitutes permission for Sponsor, Host, and its agencies to use prize winners’ names, addresses (city & state), voices, images and/or likenesses for purposes of advertising, promotion and publicity, or other commercial purposes in all media now or hereafter known, worldwide and in perpetuity for this Giveaway only, without further compensation, unless prohibited by law.
9. NO LIABILITY. By participating, Entrants and prize winners agree to release, discharge, indemnify and hold harmless the Sponsor, the Giveaway Entities, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by any Entrant, prize winners, or any other third parties, related in any way to the operation of this Giveaway as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion related activity or participation in this Giveaway.
10. BINDING ARBITRATION. Except where prohibited by law, Entrant agrees: (1) any dispute, controversy or claim arising out of or relating to the Giveaway or any prize awarded shall be resolved individually, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) any dispute, controversy or claim arising out of or relating to the Giveaway or any prize awarded shall be resolved by binding arbitration conducted by JAMS in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”); (3) any arbitration shall be heard by one arbitrator to be selected in accordance with the JAMS Rules, in Orange County, California; (4) judgment upon any award rendered may be entered in any court having jurisdiction thereof; and (5) any award or judgment shall be subject to all limitations and releases set forth in these Official Rules and be limited to actual out of pocket damages, and shall not, in any event, include any punitive, exemplary, consequential or incidental damages, attorneys’ fees or costs of bringing a claim, or any injunctive or other equitable relief.
12. WINNERS LIST. To obtain a list of Grand Prize winners visit https://peoplescali.com/abx-surfboard-giveaway or to obtain a full list of prize winners send a self-addressed, stamped envelope to be received by September 15, 2021 to: 2721 S. Grand Ave. Santa Ana, CA 92704.
13. SPONSOR. CRFT Manufacturing, Inc. CDPH-10002270, CDPH-10004584
14. HOST. People’s Marketing Group, LLC 2729 S. Grand Ave. Santa Ana, CA 92705.