What are the Thumb Wrestling Contest Promotion Official Rules?
Thumb Wrestling Contest Promotion
Sponsor: Dr. Squatch, LLC (“Dr. Squatch”)
Eligibility: The Dr. Squatch Thumb Wrestling Contest Promotion (“Promotion”) with Alex Honnold (“Honnold”) is open to residents of the United States who are 18 years of age or older. Void where prohibited. This is a contest of skill, and NO PURCHASE IS NECESSARY TO PARTICIPATE. By participating in this Promotion, you (“you” or “participant”) agree to be legally bound by these rules.
Contests: Contest #1: On June 7, 2023, between [4:00-6:00pm PT], locate Honnold on Venice Beach in California and challenge him to a thumb wrestling contest (“Venice Contest”). Contest #2: From June 8-August 30, 2023, at any location within the U.S., if you see Honnold, challenge him to a thumb wrestling contest (“Summer Contest”). For either contest, make sure that your record you challenge with Honnold in its entirety. If you beat Alex, share the complete video (“Footage”) on your own Instagram account and tag @drsquatch and use the hashtag #drsquatch to verify your win. A winner of the Venice Contest must upload its Footage no later than 11:59 pm PDT, June 7, 2023. A winner of the Summer Contest must upload its Footage no later than 11:59 PDT, August 30, 2023. A participant is only eligible to challenge Honnold one time, regardless of the location or contest, and may only post its Footage to only one social media account. Footage posted to the social media account after the deadlines noted above will not be considered for a prize.
Use of Footage: By posting your Footage and tagging @drsquatch to enter this Promotion, each participant grants Sponsor a nonexclusive, royalty-free, perpetual right and license to use all or part of each participant’s Footage in any and all media, now known or later developed, without additional compensation. Sponsor is under no obligation to use said Footage.
Prizes: For the Venice Contest, Sponsor shall award $250 USD each to the first twenty (20) participants who post eligible Footage, as determined by Sponsor in its sole discretion (each, a “winner”). Total prize value for the Venice Contest is $5000 USD. If fewer than 20 winners post eligible Footage, then less than $5000 will be awarded. For the Summer Contest, Sponsor shall award a year’s supply of Dr. Squatch soap (i.e., 12 bars), with a verifiable retail value of $96 USD to each participant who posts eligible Footage (each, a “winner”), as determined by Sponsor in its sole discretion. The total value of prizes awarded in the Summer Contest depends on the number of participants posting eligible Footage. All federal, state, and local laws and regulations apply. Winners are solely responsible for any taxes associated with the prizes. Prizes for the Summer Contest cannot be redeemed for cash. Each participant agrees to be bound by the rules and Sponsor’s decisions, which are final.
Prize notification: Sponsor shall notify each potential winner by direct message via the social media account through which the winner posted its Footage. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Neither Honnold, Sponsor nor its affiliates or any of their respective officers, directors, employees, or agents shall have liability for a potential winner’s failure to receive a notice of winning, regardless of the reason, including without limitation failures due to errors related to a winner’s social media account, direct messaging, connectively, spam, or other security settings or due to winner providing incorrect or otherwise inaccurate account or contact information. In the event of any of the following, a prize may be forfeited and an alternate winner may be selected: (i) winning Footage is discovered to be invalid for any reason whatsoever; (ii) a selected potential winner either fails to comply with these Official Rules prior to delivery of the prize or refuses the prize or any portion thereof; or (iii) a selected potential winner cannot be contacted for any reason (including an email, text message, or direct message delivery failure), fails to claim the prize within 5 days from the date that notification was sent, or fails to timely return a completed affidavit of eligibility and release as required by Sponsor.
Upon contacting a potential winner and determining that all eligibility requirements for the Promotion have been met, including without limitation the execution of an affidavit of eligibility and release (except where prohibited by law) and completion of such other documents as Sponsor may reasonably require, if applicable, such individual will be declared an “official winner” of the Promotion.
Publicity: By entering this Promotion, winners each consent to use of their names, identities, and/or photographs for promotional purposes, including online announcements and social media posts, without additional compensation and without prior consent of the winner, except where prohibited by law.
Disclaimer of warranties: SPONSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, CONCERNING THIS PROMOTION OR PRIZES. SPONSOR EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGFEMENT. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE DURATION OF THE PROMOTION. IN NO EVENT WILL SPONSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR ANYONE ELSE INVOLVED IN THE CREATION OR OPERATION OF THIS PROMOTION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, INDICENTAL OR CONSEQUENTIAL DAMAGES. The above disclaimers do not apply in states where prohibited.”
Irregularities; Disqualification: If, for any reason, the Promotion is not capable of running as planned due to technical failures, tampering, unauthorized intervention, fraud, pandemic, natural disaster, acts of God, actions of governmental authorities outside the control of Sponsor, or any other causes beyond Sponsor’s control (each, an “Irregularity”) that affects the administration, security, fairness, or integrity of this Promotion, Sponsor, in its sole discretion, reserves the right to cancel, terminate, modify, or suspend the Promotion. The failure of Sponsor to comply with any provision of these rules due an Irregularity shall not be considered a breach of these rules. Sponsor also reserves the right, in its sole discretion, to disqualify any participant who (i) tampers or attempts to tamper with the submission process, (ii) participates in a challenge with Honnold more than once, (iii) submits a video more than once, (iv) submits an incomplete video, or (v) otherwise violates these rules.
Limitations on Liability: By submitting any video or Footage for this Promotion, each participant releases and hold harmless Honnold, Sponsor and its affiliates and each of their respective directors, officers, employees, and agents (collectively, “Releasees”) from any and all liability for claims, injuries, losses, damage, or harm of any kind (“Harm”) arising from or in connection with the Promotion, including but not limited to any personal injury, death, loss, reputational damage, or any other causes of action or claims (i) related to or arising out of participation in this Promotion; or (ii) based on a participant’s use of any Dr. Squatch product.
Releasees are not responsible for and have no liability for Harm caused by any of the following: (i) incorrect or inaccurate video posting or Footage, whether caused by any of the equipment or software associated with or utilized in the Promotion, the social media site used to upload the Footage, or by any technical or human error; (ii) participant’s level of physical fitness or a prior physical injury; (iii) technical failures of any kind, including but not limited to the malfunctioning of any device, smart phone, camera, computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the contest or submission of the Footage; (vi) electronic or human error which may occur in the administration of the Promotion; (vii) any error, statement, or announcement that may give an erroneous indicator the prizes have been won; (viii) notice to a selected potential winner that is returned undeliverable to Sponsor for any reasons; and (ix) any Irregularity. By participating in this Promotion, you waive any right to claim ambiguity in these Official Rules. Should the Promotion be terminated prior to the end of the Venice Contest period and/or the Summer Contest period, notice will be posted at September 15th, 2023.
PRIVACY NOTICE. By entering the Promotion, a participant may receive marketing materials, communications, and other materials from Sponsor and other companies whose products and services Sponsor believes might interest entrants at a future date.
GOVERNING LAW. California law governs the operation of this Promotion, these Official Rules, and the disclaimers made herein, regardless of another state’s choice of law principles. By entering this Promotion, you agree to exclusive personal jurisdiction in the appropriate state or federal court residing in Los Angeles County, California. All federal, state, and local laws and regulations apply.
ENDORSEMENT DISCLAIMER:
THIS PROMOTION IS NOT SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, OR ANY OTHER THIRD PARTY OR SOCIAL MEDIA SITE.
