RivalWorld Terms and Conditions
Last Updated: April 9, 2020
By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.
Changes to This Policy
Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us. We reserve the right to make any changes to the Site or to these Terms and Conditions. By continuing to use the Site after any changes to the Terms and Conditions, you agree to any such revisions or changes.
Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Purchase Related Policies and Procedures
To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here RivalWorld Policy.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, scraped, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time by email at firstname.lastname@example.org. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Special Features, Functionality and Events
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Deletion of User Content
If you wish to delete your user content, such as your ratings and reviews posting(s), on the Site, please contact us by email at email@example.com and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.
Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
- Identification of the copyrighted work(s) that you claim has been infringed;
- A description of the material that you claim is infringing and the location of that material on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Designated Agent for notice for claims of copyright infringement can be contacted at:
Gwendolyn Wilson, Copyright Agent
Attention: DMCA Resolution
2260 University Drive
Newport Beach, CA 92660
Disclaimer of Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in California and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
Consent to Receive Notices Electronically by Posting on the Site and Via Email
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at firstname.lastname@example.org and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
Promotional Offers are valid for a limited time only. Coupon valid for one-time use. While supplies last. Not valid at any other retailer. Cannot be combined with any other promotions or coupons. May not be applied to previous purchases. Promotion has no retail value. Other restrictions, exclusions or terms may apply. RIVALWORLD reserves the right to modify or cancel this promotion at any time without notice.
Return Policy Exceptions
All sales are final on cosmetics unless damaged during transit.
Honey Minx 50% OFF SALE: No return and no refund on the discounted Honey Minx Collection. All sales are final.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. The date the Terms and Conditions were last revised is identified at the top of the page. You are responsible for visiting this page to check for any changes. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at email@example.com or (949) 386-1394.
BX GLOW PURE ENERGY FITNESS KIT SWEEPSTAKES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.
VOID OUTSIDE THE 50 UNITIED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.
- Eligibility: WIN A BX GLOW PURE ENERGY FITNESS KIT (“Sweepstakes”) is only open to permanent legal residents of the 50 United States and the District of Columbia (“D.C.”) who are currently physically located and residing therein. Entrants must be eighteen (18) years of age or older as of the date of entry into the Sweepstakes. Entrants must also have either a valid Social Security number and/or a valid U.S. Individual Taxpayer Identification Number. Employees of Twila True Collaborations, LLC (“Sponsor”), or the companies/entities involved in the production, development, implementation, or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, or any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. Immediate family members (i.e. a spouse, domestic partner, child, sibling, or parent or any of their respective spouses, regardless of where they reside) and/or any person, whether related or not, living in the same household of an individual affiliated with a Sweepstakes Entity, are ineligible to enter the Sweepstakes.
- Sweepstakes Period: For all purposes of this Sweepstakes, the Sponsor’s computer is the official clock and all times refer to Pacific Time (“PT”). The Sweepstakes period begins at April 9, 2020 and ends at April 11, 2020 at 6 P.M. PT (“Sweepstakes Period”).
- How to Enter: Entrants must first follow the steps below at @evelynlozada Instagram. If an entrant does not already have an Instagram account, he/she can create one by going to either the App Store or Google Play and downloading the Instagram App, which is free, to his/her mobile device. To enter the Sweepstakes, entrants must go to the Instagram Site and locate the Sweepstakes post inviting people to enter. Thereafter, entrants must complete the following steps each step will count as one (1) entry into the Sweepstakes tag two (2) friends and follow @evelynlozada. If an entrant’s Instagram account is set to “Posts are Private,” then an entrant’s Instagram Entry may be disqualified and rejected as ineligible for consideration in this Sweepstakes. An entrant may only mention someone with whom he/she has an existing relationship, he/she knows personally and to whom a mention would not be considered spam, and who meets the eligibility requirements for the Sweepstakes as described in section 1 above. Entrants understand that they are providing their information to the Sponsor and not to Instagram. Entrants can only participate in the Sweepstakes under one (1) Instagram account. Entrants who submit multiple Entries in excess of the limits stated herein will be disqualified. Entries must be received by April 11, 2020 at 6 P.M. PT. If entrants use a web-enabled mobile device to obtain an Entry, data rates may apply (entrants should contact their service provider for data rates/plans). Entrants should use care and not drive or operate machinery while entering the Sweepstakes. Proof of submitting an Entry will not be deemed by the Sponsor as proof of receipt or entry into the Sweepstakes. Final eligibility for the award of the Prize is subject to eligibility verification and other conditions and requirements, as set forth below. The Instagram Site may not be accessible from all mobile phones, handheld devices, and/or tablets. If an entrant experiences any issues entering, he/she should access the Instagram Site from a desktop or laptop computer.
- Prize/Odds of Winning: One (1) Prize will be awarded. The Prize winner and two (2) friends will each receive one (1) BX Glow Pure Energy Fitness Kit, by U.S. Mail (the “Prize”). No cash equivalent for the Prize will be available. The Prize is not transferable. However, the Sponsor may, in its sole discretion, choose to substitute the Prize with one of comparable or greater value due to unavailability or for any other reason. As applicable, the Prize and Prize notification will only be sent to addresses located in the 50 United States of America and the District of Columbia. Odds of winning a Prize depends on the total number of eligible Entries received during the Sweepstakes Period. Limit one (1) Prize per person/family/household. All expenses associated with the receipt or use of the Prize not specifically mentioned as being included are excluded and is the sole responsibility of each winner. Any depictions of Prize in the promotional materials or otherwise are for illustrative purposes only. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or the award of a Prize will be the sole responsibility of the winner. All Prize details are at Sponsor’s sole discretion.
- Drawing: The potential winners will be randomly selected in a drawing held by the Sponsor on or around April 13, 2020 (“Drawing Date”) from among all eligible Entries received.
- Notification of Winners: The potential winners will be notified via an Instagram Direct message at the Instagram account associated with his/her Entry by Sponsor within 24 hours of the Drawing Date and time. Potential winners may also be announced on the Evelyn Lozada Instagram account via Story: https://www.instagram.com/evelynlozada (“Instagram Site”). If a potential winner is not following Sponsor on Instagram, the Instagram Direct message will go into the requests queue of said potential winner. Potential winner will have 24 hours to respond to the Instagram Direct message with his/her contact information. Thereafter, he/she will be contacted by the Sponsor in order to confirm eligibility and sign and return an original unmodified Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, and any other documentation that the Sponsor requires (collectively “Affidavit/Release”) within 24 hours after receipt by such potential Prize winner or he/she may be disqualified and an alternate potential Prize winner may be selected. By returning a completed Affidavit/Release, such Prize winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If a potential Prize winner does not respond to the Instagram Direct message within 24 hours; is found to be ineligible; if he/she does not comply with these Official Rules; or if his/her Prize or Prize notification message is returned as undeliverable said potential winner will be disqualified, and an alternate potential winner may be selected in the Sponsor’s sole discretion.
- Disclaimers: The Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, corrupted, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules. Any such Entries will be disqualified. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram and Instagram is completely released of all liability by each entrant in this Sweepstakes. By entering the Sweepstakes, the entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of information contained in the Entry; acceptance/possession, use/misuse, and/or defects of Prize (or Prize element) awarded herein; typographical errors in the Sweepstakes promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider utilized by the Sweepstakes; any interruption or inability to access the Sweepstakes, the Instagram Site (or Sponsor’s inability to access content on the Instagram Site), or any online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading materials/software in connection with the Sweepstakes; and/or any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants hereby acknowledge that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any Prize, including express warranties provided exclusively by a Prize supplier that are sent along with a Prize. The entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, release all rights to bring any claim, action, or proceeding against the Sweepstakes Entities, and hereby acknowledge that the said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any representation or guarantee, express or implied, in fact or in law, relative to a Prize. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of the Prize supplier or any of its agents, servants, employees, or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, or (3) any other cause, condition, or event whatsoever beyond the control of the Sponsor or its parents, subsidiaries, and affiliated companies. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Official Rules.
- GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the U.S. state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability, or interpretation shall be submitted to final and binding arbitration, to be held in Orange County, California before a single arbitrator. The arbitrator shall be selected by mutual agreement of the Sponsor and the entrant or entrants bringing forth the controversy or claim, which to the extent permissible must be brought individually and not as part of a class/group (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Each entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees; and, under no circumstances, will any entrant be entitled to awards. Each entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed by a tribunal of competent jurisdiction void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
- Rules/Name of Winners: To receive the name of the winners or a copy of these Official Rules, send a self-addressed stamped envelope to: BX GLOW PURE ENERGY FITNESS Sweepstakes “Winners List” or “Sweeps Rules” (specify which), 2260 University Drive, Newport Beach, CA 92660. All requests must be received by June 11, 2020. The Official Rules will be available at https://www.rivalworld.com/pages/terms-and-conditions during the entire Sweepstakes Period. The name of the winners may also be posted on the Instagram Site.
- Sponsor: Twila True Collaborations, 2260 University Drive, Newport Beach, CA 92660.