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DOLLAR SHAVE CLUB | The #DSC500 Promotion (Now Closed)
Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR RECEIVE PROMOTIONAL ITEM. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF RECEIVING A PROMOTIONAL ITEM. OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The [#DSC500] (the “Promotion”) is open only to individuals who (i) are eighteen (18) years of age or older at the time of entry; (ii) are legal residents of the 50 United States or the District of Columbia; and (iii) who are employed by a “non-competing small business”; and (iv) who have received prior written consent to enter the Promotion on behalf of the small business. For purposes of this Promotion, “Small Business” is defined as a for-profit or non-for profit business currently in operation in the United States that has between 1 and 75 employees and operates a lawful business but that does not operate in the grooming business. To be eligible, an entrant must be in a position and/or receive authority to enter this Promotion on behalf of the Small Business and bind such Small Business to these terms and conditions.
An entrant shall submit an entry on behalf of its Small Business. Only the Small Business corresponding to the entrant will receive a promotional item. For avoidance of doubt, entrant shall not receive any promotional item in connection with the Promotion.
The following individuals are not eligible: employees, contractors, representatives, agents, directors, and officers of Dollar Shave Club, Inc. (“Sponsor”) and its parent, subsidiary, or affiliated companies, marketing agencies, and any other parties involved in the administration of the Promotion (Sponsor, collectively with the foregoing, the “Promotion Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each (whether or not related). By participating in this Promotion, you agree on behalf of yourself and your Small Business to be bound by these terms and conditions (“Terms and Conditions”) and by the decisions of the Sponsor and any Promotion judges selected by Sponsor, which shall be final in all matters relating to the Promotion.
Void in Puerto Rico and all jurisdictions other than those stated above and where prohibited or restricted by law.
This Promotion is subject to all applicable federal, state, and local laws and regulations.
2. Promotion Period
The entry period for the Promotion commences on November 18, 2017 at 12:30:00 PM Pacific Standard Time (“PST”) and ends on December 31, 2017 at 11:59:59 PM PST (“Promotion Period”)*. Sponsor’s computer is the official time keeping device for the Promotion. *As described below, the Promotion is available on a first come, first served basis. Once 500 eligible submission are received, the Promotion is no longer available.
3. How to Enter
To enter, during the Entry Period, upload a photo of your Small Business’ business logo to either your (or the Small Business’) Instagram account or Twitter account with:
- the hashtags #DSC500 and #PromotionEntry.
Complete the foregoing to receive one (1) entry in the Promotion.
Limit: Each entrant and each Small Business can obtain a maximum of one (1) entry for this Promotion, regardless of which social media website you post your photo.
Individuals who do not follow all of the instructions, include both required hashtags, and/or abide by these Terms and Conditions or other instructions of Sponsor may be disqualified, all as determined in Sponsor’s sole discretion. Promotion entries must comply with the Content requirements set forth herein (including those set forth in Section 7) to be valid. As used herein, “Content” refers to all content you submit in connection with the Promotion (including, but not limited to, any photographs, images, logos, drawings, descriptions, writings, explanations, hashtags, tag names, etc.). Sponsor reserves the right to disqualify any entrant (and its Small Business) whose Content does not adhere to the Content requirements, as determined in Sponsor’s sole discretion. All Content must be in high resolution. Entries must be in English. By submitting Content for the Promotion, you hereby warrant and represent that your Content conforms to the Content Requirements set forth herein.
Your Content must not: contain content that violates or infringes another’s rights, including, but not limited to, privacy, publicity or intellectual property rights; disparage Sponsor or any other person or party affiliated with the promotion and administration of this Promotion; contain personally identifiable information; or contain material that is indecent, lewd, pornographic, obscene, hateful, tortious, defamatory or offensive, all as determined by Sponsor in its sole discretion. Submissions that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the submission deadlines will be disqualified from the Promotion.
You must be the rightful owner of the business and logo used to enter the Promotion. In the event of a dispute as to the identity of a winner, the winner will be deemed to be authorized account holder of the business logo submitted with the winning entry. The “authorized account holder” is defined as the natural person to whom the business logo is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
4. Logo Selection and Notification The first 500 Small Business’ whose entrant is verified and eligible with a submission that complies with all Content and other requirements set forth herein will be the potential promotional item recipients, subject to verification.
On or about January 12, 2018, the Sponsor will review the timing/receipt of all submissions. Sponsor’s clock shall be the official timekeeping device for this Promotion. Screen shots or other capture of posting times shall not be deemed evidence of submission or time and will not be accepted.
The decisions of the Sponsor are final and binding.
Around approximately January 12, 2018, Sponsor will notify the potential promotional recipient via a direct message on the social media handle/site they used to submit their Content. The potential recipient shall have 48 hours from time message is sent to respond to Sponsor’s message with all required information including a valid email address that the entrant can be contacted at. If the winner does not respond to Sponsor’s first attempted social media notification within 48 hours, Sponsor reserves the right to disqualify that winner (and his/her Small Business). Sponsor will then send each potential recipient’s entrant an email with additional information and an affidavit of eligible and publicity/liability release (“Release Documents”). Entrant shall have three (3) days to sign (on behalf of him/herself and his/her Small Business) and return the Release Documents to Sponsor.
If a potential winner is found not to be eligible or not in compliance with these Terms and Conditions, if attempted notification, direct message, or any other messaging is returned as undeliverable, if any required responses or documents (including without limitation the Release Documents) are not returned within the required number of days, if a winner cannot be verified, or if a winner is otherwise unable or unwilling to accept and claim the promotional item as stated, then such winner (and his/her Small Business) may be disqualified and the promotional item (if any) may be forfeited in Sponsor’s sole discretion.
The potential winner (and his/her Small Business) is subject to verification of eligibility, including verification of age, residency, and size. As a condition of receiving a promotional item, the winner must sign (on behalf of him/herself and his/her Small Business) and return any documents requested by Sponsor, including but not limited to, the Release Documents. Failure to sign and return any requested documents by the specified return date will result in disqualification of the winner and the forfeiture of all interest in the promotional item. The winner may be issued an IRS Form 1099 in the amount of the actual retail value of the promotional item and must provide Sponsor with his/her valid Social Security Number or Taxpayer ID for tax reporting purposes.
5. Promotional items and Promotional item Claims
Five hundred (500) verified winner’s Small Business will each receive:
- 1 placement of the Small Business’ logo on Matt Tifft’s race car that will racing at TBD DATE.
Winning individuals acknowledge and agree that they will not receive any prize or promotional item. The Approximate Retail Value (“ARV”) of each promotional items offered in this Promotion is $400. The placement, size, and all other details concerning the placement of a Small Business’ logo on the race car shall be determined by Sponsor in its sole discretion, without any input, revision, or approval by entrant and/or Small Business. In the event an eligible logo is not high resolution, Sponsor reserves the right to request that the entrant re-submit the logo in high resolution or entrant (and his/her Small Business) may be disqualified in Sponsor’s sole discretion.
The promotional items are non-transferable and no promotional item substitution is permitted, except at the sole discretion of the Sponsor. If a promotional item cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a promotional item with one of comparable or greater value.
The winner and Small Business are solely responsible for all federal, state, local, or other applicable taxes associated with the acceptance and use of a promotional item. All costs and expenses associated with promotional item acceptance and use not specifically provided herein are the responsibility of the winner.
Except where prohibited by law, by accepting a promotional item, the winning entrant hereby grants Sponsor and its licensees (on behalf of the entrant and his/her Small Business) a perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winning business’ name, logo location, and Content in any way, at any time, in any and all media, including for use in advertising and marketing, without limitation, without any additional approval or consideration and agrees to sign a document indicating the same.
7. Content Requirements and License.
By submitting Content, you represent and warrant that your Content is your own original work, it has not been copied from others, that you are the sole and rightful owner of the Content, that the Content has not won previous awards, that the Content does not violate the rights of any other person or entity, publication and reprinting and use of the Content (including, without limitation, on a racecar vehicle) will not infringe on the rights of any third party, and that you have all rights necessary to grant to Sponsor the license and rights to the Content contemplated by these Terms and Conditions. Any such entrant will indemnify and hold harmless Promotion Parties from any claims to the contrary. Any entrant whose Content includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) will be disqualified (in Sponsor’s sole discretion).
By submitting Content, you agree that your Content is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to use or otherwise disclose the ideas contained in the Content on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you.
BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY AND CONTENT MAY BE POSTED ON SPONSOR’S WEBSITE OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY SPONSOR, IN SPONSOR’S DISCRETION. Submission of Content grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the Content in any way, in any and all media, without limitation, and without consideration to the entrant.
All Content submitted by you must conform to the additional submission requirements set forth herein:
- Content must comply with the posting requirements set forth above and as posted on the social media site;
- Content cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;
- Content cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
- Content cannot be obscene or offensive, endorse any form of hate or hate group;
- Content cannot defame, misrepresent or contain disparaging remarks about Sponsor, NASCAR, or either of their products or services or other people, products or companies;
- Content cannot contain trademarks, logos or trade dress owned by others, or advertise or promote any brand or product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Content cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission; Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant (except copyrighted materials owned by Sponsor) is grounds for disqualification from the Promotion. Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Content and grant the rights herein granted to Sponsor;
- Cannot contain or represent any of Dollar Shave Club’s or Matt Tifft’s competitors or contain any other grooming company’s content or professional racecar driver’s content, representation, or his/her name, likeness, persona (all as determined by Sponsor in its sole discretion);
- No background artwork should appear in a Content unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Content must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;
- Content cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;
- Content cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and
- Content cannot depict, and cannot itself, be in violation of any law.
CONTENT POSTED TO THE WEBSITE IS NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Promotion Content requirements set forth herein in its reasonable discretion. Sponsor reserves the right, in its reasonable discretion, during or upon completion of the Entry Period, to request that any entrant resubmit his or her Content which fails to comply with the Promotion entry requirements prior to any judging.
You do not transfer ownership of your Content by entering the Promotion. However, by entering, you on behalf of yourself and your Small Business: (a) irrevocably grant Sponsor, its agents, licensees, and assigns the unconditional and perpetual nonexclusive right and license, with the rights to sublicense, to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, make derivative works of and otherwise use your Content (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any copyright rights, trademark rights, privacy rights, and any other legal or moral rights that may preclude Sponsor’s use of your Content, or require any further permission for Sponsor to use the Content; and (c) agree not to assert, support, maintain, or authorize any action, claim, or lawsuit against Sponsor, its agents, licensees or assigns, on the grounds that any use of the Content or any derivative works of the Content, infringes any of your rights, including, without limitation, copyright rights, trademark rights, and moral rights. You further agree to execute and deliver (or cause your representatives to execute and deliver) any additional documents deemed reasonably necessary or appropriate by Sponsor to perfect, maintain, protect, or enforce Sponsor’s rights described above.
8. Releases and Limitations of Liability
Except where prohibited, by participating in the Promotion, you agree to release and hold harmless the Promotion Parties, Facebook, Inc., Instagram LLC, and Twitter Inc. from and against any claim or cause of action arising out of participation in the Promotion or the receipt or use of any promotional item, including, but not limited to claims arising from: (a) unauthorized human intervention in the Promotion; (b) technical errors or failures related to computers, servers, providers, printers or telephone, cellular networks, or network lines; (c) printing errors; (d) errors in the administration of the Promotion or the processing of entries; (e) late, lost, or undeliverable mail or email; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt of any promotional item. You further agree that in any cause of action, the Promotion Parties’ liability will be limited to the out of pocket cost of entering and participating in the Promotion and in no event shall the Promotion Parties be liable for attorney’s fees. By participating in the Promotion, you waive the right to recover any damages whatsoever, including, but not limited to, punitive, statutory, consequential, direct, or indirect damages. If, for any reason, your entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, you acknowledge that your sole remedy is another Promotion entry, if it is possible for Sponsor to provide such an entry opportunity without extending the Entry Period.
9. General Conditions
In the event that the operation, security, or administration of the Promotion is impaired in any way for any reason, including, but, not limited to, fraud, a virus or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Terms and Conditions; or (b) cancel the Promotion and award the promotional items in a selection from among all eligible entries received up to the time of the impairment. The Sponsor 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 Promotion or to be acting in violation of the Terms and Conditions of this or any other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision.
10. Binding Arbitration
Any controversy or claim arising out of or relating to a Dollar Shave Club Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dollar Shave Club will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Dollar Shave Club shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
11. Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, your rights and obligations as an Entrant or winner, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. Any matters or proceedings which are not subject to arbitration as set forth above and/or for entering any judgment on an arbitration award shall take place in the State of California, in the City of Marina del Rey. Sponsor’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that or any other provision. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
13. Winner’s List
For the names of the winners, send an email to DSC500@dollarshaveclub.com . Requests must be received no later than sixty (60) days after the end of the Entry Period.
Dollar Shave Club, Inc.
13335 Maxella Avenue
Marina del Rey, CA