"Savage X Game Changers Initiative" Terms and Conditions
OFFICIAL RULES: The following are the official rules (“Rules”) for the Savage X Game Changers Initiative (“Initiative”). In order to submit to the Initiative, you must agree to these Rules. You agree that submission of an entry and/or participation in the Initiative Submission Process constitutes your agreement to these Rules. In the event there is a discrepancy or inconsistency between these Rules and any other disclosures, statements or promotional materials, these Rules shall prevail, govern and control.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO SUBMIT TO OR BE SELECTED FOR THE INITIATIVE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF BEING SELECTED FOR THE INITIATIVE. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
The Initiative is provided by Savage X, Inc. (“Savage X Fenty”), a Delaware corporation with its principal place of business at 800 Apollo Street, El Segundo, CA 90245. Savage X Fenty shall handle and be responsible for selection of the Savage X Game Changers. Inquiries regarding the Initiative should be directed to Savage X Fenty.
INITIATIVE SUBMISSION PROCESS: To submit to the Initiative during the Submission Period, follow the directions on Savage X Fenty’s “Savage X Game Changers” landing page, posted on 04/05/2021. Entrants must submit basic contact information and share their unique story about how they plan to impact the world by breaking the rules or changing the game as we know it! Entrants must make sure to fill out all required fields to complete the submission form (“Submission”). No purchase necessary. A purchase or payment of any kind will not increase your chances of being selected for the Initiative. Three (3) Savage X Game Changers (each a “Finalist”) will be selected from the pool of Submissions received during the Submission Period. No more than one (1) person can apply using the same email address. One (1) submission per person, per season. Use of any automated system to participate is prohibited and will result in disqualification. Submissions that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible.
TIMING: The Submission Period of the Initiative will be open for 3 days from 04/05/2021 at 12:00am Pacific Standard Time (“PST”) through 04/05/2021 at 11:59pm PST (“Submission Period”). Only the first 500 submissions received during the Submission Period will be considered.
ELIGIBILITY: The Initiative is open to entrants both within and outside of the United States. Void where prohibited by law. Employees of Savage X Fenty and/or their respective parent, affiliates, subsidiaries, agencies, suppliers and members of their immediate families, are not eligible. For purposes of the Initiative, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
SUBMISSION ENTRY ERRORS: Savage X Fenty is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected Submissions, which will be disqualified. Savage X Fenty is not responsible if online service or equipment is interrupted, including without limitation: (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
EVALUATION OF INITIATIVE SUBMISSIONS: Submissions will be evaluated based on their responses to the submission questions, including entrants’ stories of how they are positively impacting or benefiting their community and why, what inspires them to make a difference, and/or what they plan to do to shake things up by breaking rules and disrupting the status quo. Finalists will be chosen based on the originality, creativity, perspective, and passion displayed in the cumulative sections of the submission form submitted.
FINALIST REQUIREMENTS: The Potential Finalist must comply with all terms and conditions of these Rules and participation in the Initiative is contingent upon fulfilling all requirements. The Potential Finalist may be required to show proof of identification in conjunction with Initiative participation within five (5) business days following the date of attempted notification. If the selected Finalist cannot be contacted, is ineligible, and/or fails to return the required documents within the applicable time period, Savage X Fenty may elect to disqualify the selected Finalist, who will then forfeit his/her/their right to participate in the Initiative. In the event the Potential Finalist is disqualified for any reason, Savage X Fenty will select an alternate Finalist from among all remaining eligible Submissions. Arrangements for participation in the Initiative will be made after Finalist validation. Finalists may be required to execute a standard release form in connection with the Initiative. All details and other restrictions of the Initiative not specified in these Rules will be determined by Savage X Fenty at its sole discretion. Finalist will defend, indemnify, and hold harmless Released Parties (as defined below) and Savage X Fenty against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Finalist is under no obligation to join the Savage X Fenty Xtra VIP Membership Program to participate in the Initiative. Three (3) Finalists who fully comply with these Rules will each be featured as a Savage X Game Changer on Savage X Fenty’s website, social media and email channels along with their unique story of how they are making a difference in the world. Any information provided in the Submission may be featured as a part of the Initiative.
SELECTION OF FINALIST: The Finalist is considered a Potential Finalist (“Potential Finalist”) pending verification of eligibility and compliance with these Rules. Savage X Fenty will select three (3) Finalists from the pool of eligible Submissions received during the Submission Period based on the skill of the Entrant and the Submission form submitted. The Potential Finalists will be notified by email no later than 04/21/2021. Entrants are responsible for ensuring that their email and other contact information is up to date and accurate. Initiative Finalist selection notices returned as undeliverable will result in the disqualification of the Potential Finalist and an alternate Finalist will be selected. Savage X Fenty’s decisions as to the Finalist selection are final and no correspondence will be entered into. Finalist will have five (5) business days to respond and claim their Initiative selection via email. Savage X Fenty is not responsible for any change of email address, mailing address, and/or telephone number of Entrants. If the selected Submission form or Finalist is discovered to be invalid for any reason prior to selection of or participation in the Initiative, or if the Finalist cannot be contacted or does not respond within five (5) business days, an alternate Finalist may be selected, at the sole discretion of Savage X Fenty. In the event of a dispute, the person who is the registered owner of the email address used to submit to the Initiative will be deemed the Finalist.
GENERAL: If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules. This Initiative is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By submitting to and participating in the Initiative Submission Process, you agree to be bound by these Rules and by Savage X Fenty’s decisions, which are final and binding on all matters relating to the Initiative. Savage X Fenty’s failure to enforce any provision of these Rules shall not constitute the waiver of such provision. Entrants are required to provide accurate, valid and truthful information at all times. Savage X Fenty will reject and delete any Submission that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any Entrant who tampers with the Submission Process, the operation of the Initiative, is otherwise in violation of the Rules or acts in a disruptive or unsportsmanlike manner. Savage X Fenty is not responsible for electronic transmission errors, which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Submission. Savage X Fenty is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Savage X Fenty reserves the right to cancel, terminate, suspend and/or modify the Initiative at any time, in its sole discretion, if the Initiative is not capable of completion as planned, including without limitation, the lack of Submissions, incomplete Submissions, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Without limited the foregoing, Savage X Fenty may lock out any Entrant who, in Savage X Fenty’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to submit. Upon cancellation or termination of the Initiative for any reason, Savage X Fenty shall have no obligation to allow participation in the Initiative or participation of any kind.
By submitting a Submission form and participating in the Initiative, you represent and warrant that (i) your Submission is original and that you are the sole and exclusive owner and rights holder of the submitted Submission form and that you have the right and authority to submit the Submission form for this Initiative; (ii) your Submission does not violate any third-party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
By submitting a Submission form and participating in the Initiative Submission Process, you agree and hereby grant Savage X Fenty and its parent, subsidiaries, affiliates, agents, employees, successors, and/or related entities (collectively herein “Savage X Fenty Entities”) absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license and permission to use, store, copy, modify, publish, distribute, copyright, broadcast, display, combine with other materials, edit, alter, and/or reproduce your Submission and content created in connection with the Initiative, including but not limited to your name, handle, likeness, voice, image, video, story and photos (“User Content”), for any purpose, including but not limited to promotional, marketing, media, editorial, commercial, advertising, and/or publicity purposes and sale of Savage X Fenty products, in any form of media anywhere in the world, including but not limited to its webpages, social media platforms, third-party websites, digital and physical owned channels, without geographic or time limitation or further payment, compensation, notice or approval to you, except where prohibited by law. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Initiative. You agree to provide affidavits to Savage X Fenty Entities upon request for the purpose of complying with legal and/or broadcaster requirements concerning eligibility or the use of designs and/or testimonials in advertising. Notwithstanding the foregoing, Savage X Fenty does not guarantee the public posting of any Submission and reserves the right, in its sole discretion, not to post a Submission for any reason, including, but not limited to, if it contains any content that violates third-party intellectual property rights; contains discriminatory, offensive or otherwise inappropriate language or objectionable material; comments on other brands, retailers or websites; or comments on competitive products, pricing or availability. As part of participation in the Initiative, the Finalist may be photographed and/or videotaped and Finalist agrees to execute the Savage X Fenty Entities’ standard release form in connection therewith prior to Initiative fulfillment.
Disputes; Choice of Law: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE RULES, OR THE RIGHTS AND OBLIGATIONS OF THE ENTRANT, FINALIST AND SAVAGE X FENTY IN CONNECTION WITH THE INITIATIVE, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION), WHICH WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. EXCEPT WHERE PROHIBITED, UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR FINALIST BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN SUBMITTING TO THE INITIATIVE AND EACH FINALIST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES' DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS INITIATIVE THROUGH ARBITRATION, SAVAGE X FENTY MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SAVAGE X FENTY’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. THE ARBITRATION WILL BE HELD IN LOS ANGELES, CALIFORNIA. THE ARBITRATOR WILL APPLY THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, WILL ISSUE A WRITTEN DECISION AND WILL HAVE THE POWER TO AWARD ANY LEGAL REMEDIES EXCEPT AS LIMITED BY THESE RULES. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Savage X Fenty to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Savage X Fenty shall have the discretion to pay such fees and proceed to arbitration. Entrant or Finalist irrevocably waives any right to bring or join in any class action regarding the Initiative. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear.
INDEMNIFICATION: TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENTRANT HEREBY AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SAVAGE X FENTY AND ITS PARENT, AFFILIATES, AND SUBSIDIARIES AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE INITIATIVE OR ANY PART OF THE INITIATIVE, SUBMITTING TO THE INITIATIVE, PARTICIPATION IN THE INITIATIVE, OR PARTICIPATION IN ANY INITIATIVE-RELATED ACTIVITY OR EVENT.
In no event shall Savage X Fenty be liable to Entrant or Finalist for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Initiative, or any aspect of Entrant’s or Finalist’s participation in or termination from the Initiative as provided herein, even if Savage X Fenty has been advised of the possibility of such damages. In no event shall Savage X Fenty be liable to Entrant or Finalist for any amount with respect Entrant’s or Finalist’s participation in or disqualification from the Initiative, or from the termination or cancellation of the Initiative. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Initiative are hereby excluded, and you expressly waive any and all such rights.
LIABILITY: By submitting a submission to the Initiative, each Entrant agrees to forever and irrevocably indemnify, release and hold harmless Savage X Fenty, its parent, affiliates and subsidiaries, and their respective officers, directors, stockholders, employees, agents, representatives, licensees, successors and assigns (collectively, the "Released Parties") from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts’ fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his or her participation in the Initiative and the acceptance and use or misuse of the Initiative. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from Entrant’s or Finalist’s participation in the Initiative or receipt or use or misuse of the Initiative. Released Parties will not be liable to Finalist or any other person for failure to supply any Initiative or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control. Further, participants agree to waive the provisions of Civil Code Section 1542 which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE RULES APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Finalist List: In order to obtain the name of the selected Finalist(s), send a self-addressed stamped envelope after 04/30/2021, to: Savage X, Inc., 800 Apollo Street, El Segundo, CA 90245, ATTN: Legal Department, Subject: Savage X Game Changers Initiative Finalists.