1. Your Acceptance

BY USING AND/OR VISITING THE FOX FACTORY, INC. ("FOX") WEBSITE AND STORE (the "WEBSITE"), YOU EXPRESSLY AGREE WITH AND CONSENT TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "AGREEMENT") AND THE TERMS AND CONDITIONS OF FOX'S PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

2. User Submissions

FOX may, from time to time, encourage members of the public to submit reviews, suggestions, ideas, comments, questions, pictures and / or videos that they have produced for use or consideration in connection with its website and online broadcasts.

FOX does not encourage, and does not seek videos that result from any activity that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, defamation, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; or (iii) may constitute a crime or tort. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. FOX will reject any submissions in which
FOX believes, in its sole discretion, any such activities have occurred.

If notified by a user of a submission that allegedly violates any provision of this Agreement, FOX reserves the right to determine, in its sole discretion, if such a violation has occurred, and to remove any such submission from the Website.

IMPORTANT: IF YOU ARE UNDER THE AGE OF 18, FOX WILL NOT CONSIDER YOUR SUBMISSION WITHOUT YOUR PARENT OR GUARDIAN'S CERTIFICATION THAT THEY HAVE APPROVED OF THE ACTIVITIES INVOLVED WITH YOUR SUBMISSION BEFORE YOU BEGAN PRODUCING IT.

3. Forums

"Forum" means a chat area, bulletin board, or e-mail function offered as part of this site. Harassment in any manner or form on this site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. You shall not upload to, distribute through, or otherwise publish on or through this site any content that is libelous, defamatory, infringing, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. By uploading materials to any Forum or submitting any materials to Us, you automatically grant us a perpetual, royalty-free, irrevocable, nonexclusive right and license, subject only to express restrictions set forth in our Privacy Policy, to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world.

FOX does not and cannot review all communications and materials posted to or created by users accessing our site and we are not in any manner responsible for the content of these communications and materials. We reserve the right, however, to block or remove communications or materials that We determine to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to us in our sole discretion.

4. License Grants

By submitting a video or any other visual, audio or communication content (User Submissions), you expressly grant FOX a royalty-free, sub-licensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. Any such User Submissions are deemed non-confidential and FOX shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

FOX Proprietary Rights

The contents of the Website, along with any associated software, and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of FOX and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Website. Use of the content or materials on the Website for any purpose not expressly permitted by this Agreement is strictly prohibited.

For the purposes of this Agreement, Intellectual Property Rights means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other Jurisdiction, relating to the Website, or any contents or materials related thereto.

5. Copyrights, Trademarks and Service Marks of Third Parties

The Website and all materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content") are or may be protected under United States and worldwide copyrights or other Intellectual Property Rights which are owned or licensed, in whole or in part, by us. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws. We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Content may not be manipulated, edited, reproduced, performed, republished, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Website without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Website or any portion thereof, or use of any of the Content for any other purpose constitutes an infringement of our Intellectual Property Rights, or of the Intellectual Property Rights of the respective owners of such Content. Any use of any portion of this Website on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.

FOX has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. FOX has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of FOX or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. FOX's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want FOX to delete, edit, or disable the material in question, you must provide FOX with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (d) information reasonably sufficient to permit FOX to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the attention of FOX's Legal Department at:

FOX Factory, Inc.
130 Hangar Way
Watsonville, CA 95076
800-FOX-SHOX
 
6. Representations and Warranties

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and warrant the following:

You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein.

You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights (Intellectual Property Rights), or the necessary licenses thereto, to grant the license in Section 3.

You have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Website and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

You have read, understood, agree with, and will abide by the terms of this agreement.

You are not, and have not been an agent of FOX and were not and are not acting on behalf of, or as a representative of, FOX or any other party in connection with the User Submission.

The User Submission and FOX's use thereof as contemplated by this Agreement and the FOX's website will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

You are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG) or of the American Federation of Television and Radio Actors (AFTRA).

You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.

The User Submission does not contain: (i) material falsehoods or misrepresentations that could harm FOX or any third party; (iii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) advertisements or solicitations of business; or (v) impersonations of third parties, other than those which are readily apparent.

7. Disclaimer

FOX does not endorse any User Submission or the views, opinion, recommendation or advice expressed therein. FOX is not responsible for the accuracy, usefulness or safety of any User Submission content, no matter the source. You may be exposed to User Submissions that are inaccurate, offensive, or objectionable.

8. Third-Party Websites

The Website may contain links to third party websites that are not owned or controlled by FOX. FOX has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, FOX will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve FOX from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware of when you leave the Website, and to read the terms and conditions and privacy policy of any third-party website that you visit.

9. Indemnity

You agree to defend, indemnify and hold harmless FOX and its parent, subsidiaries, agents, officers, directors, employees, shareholders, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to FOX; or (vi) any other party's access and use of the Website with your unique username, password or other appropriate security code.

10. No Warranty

THE WEBSITE AND THE FOX SERVICE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ("MATERIALS") ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE WEBSITE OR THE MATERIALS IS AT YOUR OWN RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FOX, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE OR THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

FOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FOX WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FOX WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOX OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

11. Limitation of Liability

IN NO EVENT SHALL FOX, ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA, OR THAT RESULT FROM ERRORS IN THE ADMINISTRATION OF ANY CONTEST, PROCESSING OF CONTEST SUBMISSIONS OR AWARDING OF ANY PRIZE. UNDER NO CIRCUMSTANCES WILL FOX BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. YOU SPECIFICALLY ACKNOWLEDGE THAT FOX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

12. Sole Remedy

We attempt to be as accurate as possible in product descriptions. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE WEBSITE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE

13. Survival

The provisions of Sections 4, 7, 9, 10, 11, 12, 13, and 14 shall survive any termination or expiration of this Agreement.

14. General

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over FOX, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and FOX that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Santa Cruz County, California. This Agreement, together with the Privacy Policy and any other legal notices published by FOX on the Website, shall constitute the entire agreement between you and FOX concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FOX's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. FOX reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

By accessing the Website you represent that you have read this Agreement in its entirety, understand its terms and conditions, are duly authorized to execute this Agreement on behalf of yourself, and you agree to be bound by the terms and conditions of this Agreement.

 

 

FOX NEWSLETTER SUBSCRIPTION SWEEPSTAKES

 

 

OFFICIAL SWEEPSTAKES RULES (“Official Rules”):

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE SWEEPSTAKES OR TO WIN THE PRIZE. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID IN QUEBEC AND WHERE PROHIBITED BY LAW.

 

These Official Rules are for the FOX Factory Newsletter Subscription Sweepstakes (the “Sweepstakes”). By entering, you are agreeing to be bound by these Official Rules and FOX’s Privacy Policy, located at https://www.ridefox.com/privacy. If you do not agree to each of the terms and conditions of these Official Rules and FOX’s Privacy Policy, you are not eligible to enter and/or win the Sweepstakes. 

 

  1. SWEEPSTAKES SPONSOR

 

FOX Factory, Inc., located at 6634 Highway 53, Braselton, Georgia 30517, is the sole sponsor of the Sweepstakes (“FOX” or “Sponsor”). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. 

 

  1. ENTRANT ELIGIBILITY FOR EACH SWEEPSTAKES

 

To be eligible to participate in a Sweepstakes, you must: (i) be a legal resident in one of the 50 United States of America, the District of Columbia or Canada (excluding Quebec); and (ii) be at least eighteen (18) years of age or the legal age of majority in your jurisdiction of residence (whichever is older) on the date you submit your entry. Sponsor reserves the right to require evidence of age and residency at any time – including, but not limited to, before any Prize is awarded to you.  Employees, officers, and directors of FOX, or its parents, subsidiaries, affiliated companies, agents, distributors, advertising, promotion, and production agencies, or members of their respective immediate families (parents, spouse, children, siblings) or individuals residing in their households (whether or not related) are not eligible to enter the Sweepstakes or to win the Prize.

 

  1. HOW TO ENTER EACH SWEEPSTAKES

 

You are automatically entered into the Sweepstakes when your email address is added to the newsletter subscription and promotional email mailing list (the “Newsletter List”), or you are already a subscriber. No further action is necessary.

 

Limit one entry (i.e. one email address) per person. Sponsor is not responsible for lost entries or transmissions, interrupted or unavailable network, server, or other connections or other errors or problems of any kind; or problems associated with any virus or any other damage caused to entrants' systems. 

 

Tampering with the entry process or the operation of the Sweepstakes, including but not limited to the use of any device to automate the entry process, is prohibited and any entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. FOX assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.

 

  1. RANDOM DRAWING FOR EACH SWEEPSTAKES

 

Refer to entry page for actual entry dates (i.e. beginning and end dates). A winner is randomly selected once per month at the end of the month (“Drawing Date”). All valid email addresses subscribed to the Newsletter List prior to the Drawing Date will be combined into a single pool, and from that pool one potential winner will be selected. A potential winner will be notified at their email address on the Drawing Date. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within 24 hours of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and an alternate winner may be selected.  FOR CANADIAN RESIDENTS ONLY: Prior to being confirmed as a winner, a potential winner will be required to correctly answer a mathematical skill-testing question provided by the Sponsor.  If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules (including, but not limited to, for residents of Canada correctly answering the skill-testing question) or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected, time permitting, in the sole discretion of the Sponsor. If there is still no confirmed winner(s) of such applicable prize after any such attempt has been made, such prize may not be awarded.

 

Your email address must be added to the Newsletter List before Drawing Date to be considered for that month’s Sweepstakes. Any email address that is added after a potential winner is selected for a Drawing Date will be included in the next month’s Sweepstakes. You can remove yourself from the pool of eligible participants by unsubscribing from the Sweepstakes OR by unsubscribing from the Newsletter List. The unsubscribe link can be found at the bottom of any newsletter from FOX OR follow this link to unsubscribe from the Sweepstakes.

 

  1. PRIZE FOR EACH SWEEPSTAKES

 

Prize may vary by month. Refer to entry page for actual prize information, including a description of the prize and the approximate retail value (“the Prize”). The randomly selected and confirmed winner will receive one (1) Prize only.   Each individual entered into the Sweepstakes can only win one Prize.  For the avoidance of any doubt, if you have won a Prize then you will remain on the Newsletter List (unless you subsequently unsubscribe) – but will no longer be eligible to win any additional Prize(s) in any Sweepstakes.  No substitution or transfer of any Prize or election of cash in lieu of any Prize by the winner will be permitted. Sponsor reserves the right, in its sole discretion, to substitute any Prize with a prize of equal or greater value. Prizes are nontransferable and non-assignable. Prizes will be awarded only if the potential prize winner fully complies with, and is confirmed as a winner in accordance with, these Official Rules. Prizes pictured in point-of-sale, online, or any other Sweepstakes materials are for illustrative purposes only.  All details and other restrictions of the Prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. All Prize-related expenses, and federal, state, provincial/territorial and/or local taxes are the sole responsibility of the winner. Winners of a Prize with value over $600 will be issued an IRS 1099 tax form, and information will be reported to the IRS if legally required.

 

  1. CONDITIONS

 

Sponsor reserves the right to modify any Sweepstakes or disqualify an entrant if fraud, misconduct or technical failures destroy the integrity of a Sweepstakes as determined by Sponsor in its sole discretion. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

By entering the Sweepstakes, entrants agree to be bound by these Official Rules and the decisions of Sponsor, which shall be final.  The Sweepstakes Entities are not responsible for and shall not be liable for: (i) any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; or (ii) any injuries, losses, or damages of any kind arising in connection with or as a result of any Prize, or acceptance, possession, or use of any Prize, or from participation in the Sweepstakes. Sponsor reserves the right to cancel the Sweepstakes or change any element thereof, with or without notice, at any time. Sponsor also reserves the right to disqualify, in its sole discretion, any person tampering with the entry process or who is otherwise in violation of the Sweepstakes Rules.

 

Each Prize is “AS IS” and WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, FROM SPONSOR INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. RELEASE AND LIMITATIONS OF LIABILITY

 

Each entrant, by participating in a Sweepstakes, releases and agrees to hold Sponsor, and its respective parents, subsidiaries, affiliates, employees and independent contractors harmless from and against any and all liability, claims or action of any kind whatsoever for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, relating to or arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a Prize, including participating in a Sweepstakes or in any Sweepstakes-related activity. Each entrant agrees to indemnify Sponsor from any and all liability resulting or arising from a Sweepstakes and to hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize awarded or the Sweepstakes. Additionally, Sponsor is not responsible for any virus contracted by an entrant’s computer or other device through participation in a Sweepstakes, for any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation; or for failed computer, satellite, telephone, wireless or cable transmissions, lines or technical failure or jumbled, scrambled, delayed or misdirected transmissions, technical error, theft or destruction or unauthorized access. Sponsor is not responsible for other errors or difficulties of any kind whether human, electronic, computer, network, typographical, printing or otherwise relating to or in connection with a Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of a Sweepstakes, the processing of entries, the notification of winner, or in any Sweepstakes-related materials. Sponsor is not responsible for lost, interrupted or inaccessible or unavailable network, server, wireless service, Internet Service Provider, website, or other connections or any combination thereof.

 

UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES. SPONSOR’S FAILURE TO ENFORCE ANY PROVISION IN THESE OFFICIAL RULES WILL NOT BE DEEMED A WAIVER OF ANY TYPE OR ACTIONABLE IN ANY WAY.

 

  1. INDEMNIFICATION

 

By entering a Sweepstakes, you agree to indemnify, defend, and hold harmless the Sponsor, its parents, subsidiaries and affiliates, and each of their officers, directors, employees, owners, and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) any false or misleading statement or representation made by you in connection with a Sweepstakes; (ii) any non-compliance by you with these Official Rules; (ii) claims brought by persons or entities arising from or related to your participation in or involvement with a Sweepstakes; (iv) any use or misuse of the Prize; (v) or any error in the collection, processing, or retention of any entry information in relation to your entry and participation in a Sweepstakes.  Sponsor reserves the right to take exclusive control and defend any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Sponsor in asserting any available defenses.

 

  1. CHOICE OF LAW

 

To the fullest extent permitted by law, each Sweepstakes shall be governed by and interpreted under the laws of the State of Georgia without regard to conflict of law provisions. By entering a Sweepstakes, you agree that any disputes, claims, causes of action or controversies arising out of or in connection with that Sweepstakes shall, to the extent permitted by law, be resolved on an individual basis by the State and Federal courts in Georgia, which shall have sole jurisdiction of any controversy regarding or arising from the Sweepstakes or these Official Rules.  Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with the Sweepstakes or these Official Rules.

 

  1. SEVERABILITY

 

If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.

 

  1. PRIVACY POLICY AND NAME OF WINNER

 

Any personally identifiable information collected during a Sweepstakes will be collected and used by Sponsor for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with Sponsor’s Privacy Policy as stated at https://www.ridefox.com/privacy and otherwise as allowed by law and these Official Rules. By subscribing to the Newsletter List, you agree that FOX may include your name and city/state/province/territory in its Newsletter if you win a Sweepstakes. You may opt-out at any time via the unsubscribe link in each Newsletter or by unsubscribing from the Sweepstakes.

 

The name of each month’s Sweepstakes will be included in a Newsletter at the end of the month.