Contest Rules

REDBACK PROMOTION RULES AND REGULATIONS

 

DEFINITIONS

Authorized Account Holder: For purposes of email, the Authorized Account Holder is the natural person assigned an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the Entry email address. For purposes of text messages, the Authorized Account Holder is the natural person assigned a phone number by a telecommunications company, wireless phone provider, or other organization responsible for assigning ownership for the phone number associated with the Entry text message.

Entrant: An individual person who submits an Entry. Business associations, including but not limited to corporations, limited liability companies, and partnerships, are not Entrants and are not allowed to participate in this Promotion.

Entry: The text messages sent by an Entrant to Redback with the Entrant’s name, email address, and guess, as described in section 5, “How to Enter,” below. Both text messages are collectively referred to as the Entry.

Promotion: This Promotional Giveaway sponsored by Redback as described on Redback’s website, www.Redback.com/contestrules, and on related promotional materials.

Prize: A t-shirt, hat, beanie, cash (cash prizes of $500 or more may require a 1099 form), or similar promotional item as specified by Redback on social media or printed material; Mailed to the mailing address the Winner provides to Redback, as described in section 7, “Selection and Notification of Winner,” below.

Redback: Redback Industries, Inc., its agents and employees. Redback is the promotor and sponsor the Promotion. Redback can be reached at:

Address: 1091 Andover Park E. Tukwila, Washington 98188.

Phone: (866) 455-1345

Email: info@redback.com

Rules: These official Redback Promotion Rules and Regulations.

Winner: The Entrant who is chosen at random after subscribing to Redback’s text messaging list by texting 888-909-0219, as described in postcard 2021BPC01 or 2022BPC01. Also postcards 2022EPC02, 2022OGPC02, 2022AWPC04

 

RULES AND REGULATIONS

 

NO PURCHASE, CONTRIBUTION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OF REDBACK PRODUCT DOES NOT INCREASE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. NOT AVAILABLE IN OR TO RESIDENTS OF RHODE ISLAND.

The Promotion is open only to contestants who follow the Entry procedures described herein and who are 18 years of age or older and of the age of majority in the jurisdiction where they reside as of the date of entry. The Promotion is only open to legal residents of the United States, living in one of the 50 United States or the District of Columbia, except for the state of Rhode Island, and is void where prohibited by law. Employees and agents of Redback and their immediate family members and those living in the same household of each are not eligible to participate in the Promotion. The Promotion is subject to all applicable federal, state, and local laws and regulations.

AGREEMENT TO OFFICIAL RULES. By participating, Entrants agree to be fully and unconditionally bound by these Rules and Redback’s decisions, which are final and binding in all matters related to the Promotion, and they represent and warrant that they meet the eligibility requirements set forth herein. All federal, state, and local laws and regulations apply, and Entrants agree to comply therewith. Submission of an Entry grants Redback the right to publish, use, adapt, edit, or modify such Entry in any way, in any and all media, without limitation, and without any additional notification, permission, or consideration to the Entrant.

PROMOTION PERIOD. The Promotion period begins on June 15, 2021 at 12:01 A.M. (PST) and continues through December 1, 2022 at 11:59 P.M. (PST). Entries must be received by Redback by the date and time the Promotion ends. The Winner will be identified as provided in the Selection and Notification of Winner section of these Rules. Redback’s server is the official time keeping device for the Promotion.

HOW TO ENTER. Entrants begin the Entry procedure by texting the word REDBACK to 888-909-0219. In response, Entrants will receive a text message from Redback instructing them to provide their full legal name and email address to register for the Promotion. Once their name and email address are provided to Redback in a responsive text message, Redback will send Entrants an additional text message inviting the Entrant to be contacted by Redback in the future for product discounts or specials, to which Entrants can answer “yes” or “no.” Each eligible Entry submitted and received by Redback will qualify for a Prize. Limited to one Entry per person, per household. All Entries become Redback’s property and will not be acknowledged. Entries that are (a) mechanically reproduced, generated by a script or macro, or create various accounts to circumvent Entry restrictions and these Rules by automated means or (b) otherwise not in compliance with these Rules will be disqualified. In the event of a dispute as to the ownership of any Entry, the Authorized Account Holder will be deemed to be the Entrant. The Winner may be required to show proof of being the Authorized Account Holder and being eligible for the Promotion. Redback reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.

A single Prize of A t-shirt, hat, beanie, or similar promotional item as specified by Redback. Any local, state, or federal taxes are not the responsibility of Redback. No substitution, redemption, or transfer of the Prize is permitted by the Winner. NO ENTRANT IS GUARANTEED TO WIN A PRIZE. THE ODDS OF WINNING DO NOT DEPEND ON THE NUMBER OF ENTRIES RECEIVED; THE PRIZE WINNER IS CHOSEN AT RANDOM.

SELECTION AND NOTIFICATION OF WINNER. Winners will be chosen randomly throughout the month. Redback’s determination on the winning Entry is final and binding. The Winner will be notified by email at the email address provided in the Entry. The email notification will instruct the Winner to provide Redback with a valid mailing address to which Redback can mail the Prize. The Winner need not be present for the identification of the Winner. Two attempts will be made to contact the Winner within a five day period after Redback identifies the Winner. If the Winner fails to respond within a two day period following the second attempted notification by Redback or if the email is returned as undeliverable or if Redback fails to reach the Winner for any reason, including the Winner’s use of a spam filter, or if the Winner fails to respond for any reason to the notification as directed, the Winner will be disqualified. After the Winner is contacted and she/he responds to the email notification, the Winner may be required to execute, sign, and return an IRS Form W-9 so that Redback can release to the winner an IRS Form 1099-MISC for tax purposes. Failure to comply within the aforementioned time period and requirements may result in forfeiture of the Prize. Redback may send the Prize, in the form of a check, to the Winner along with the IRS Form 1099-MISC. If the Prize is returned as undeliverable or if the Prize is forfeited, it will result in disqualification, and that Prize will not be awarded. Redback will send the Prize and the IRS Form 1099-MISC to the mailing address provided by the Winner in response to Redback’s notification. Redback is not responsible for any Prize that fails to deliver to the mailing address provided by the Winner. It is the responsibility of the Winner to ensure that a correct and accurate mailing address is provided to Redback.

Except where prohibited, participation in this Promotion constitutes the Winner’s consent to use the Winner’s name, likeness, voice, opinions, and biographical information for publicity, advertising, trade, and promotional purposes in any media and manner, now known or hereafter devised, worldwide, without further payment, consideration, notice, or approval.

Redback is not responsible for any typographical or other error in the printing, the offering, or the announcement of the Prize or in the administration of the Promotion, whether caused by computer, technical, or human error. In the event of any conflict between the Rules and any abbreviated rules in advertising or informal advertising related to this Promotion, including word of mouth, distributed in connection with the Promotion, the terms and conditions of the Rules posted at www.Redback.com/ContestRules shall prevail. Redback reserves the right to cancel or modify the Promotion at any time and for any reason, including but not limited to, destruction of the integrity of the Promotion by fraud, misconduct, or technical failures or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Promotion. Redback reserves the right to disqualify, freeze, or prohibit the participation of an Entrant if fraud or tampering is suspected, or if the Entrant fails to comply with any requirement of participation or with any provision of these Rules. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. REDBACK RESERVES THE RIGHT TO DISQUALIFY AND SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULLEST EXTENT PERMITTED BY LAW.

RELEASE OF LIABILITY. Entrants assume all liability and agree to hold Redback harmless for any injury or damage caused, or claimed to be caused, by participation in this Promotion or use of the Prize. By entering this Promotion, Entrants release Redback from any liability, loss, harm, cost, and expenses whatsoever incurred in connection with any part of this Promotion and with the acceptance, ownership, and/or use of the Prize.

All information is public as provided in section 8, “Publicity,” above.

GOVERNING LAW AND JURISDICTION. All issues, questions, disputes, and claims concerning the construction, validity, interpretation, and enforceability of these Rules or the rights and obligations of Entrants or Redback in connection with the Promotion shall be governed by and construed in accordance with the internal laws of the state of Washington without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdictions laws.

BINDING ARBITRATION. Any controversy or claim arising out of or relating to this Promotion or the Prize shall be settled by binding arbitration (a) at a location within the greater Seattle metropolitan area selected by the arbitrator or at such other location as may be mutually agreed upon by the parties and arbitrator and (b) in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (the “JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the internal law of the state of Washington without reference to… as consistent with the Federal Arbitration Act, which shall include, but not be limited to, applicable statutes of limitation and evidentiary privileges recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Redback will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration being cost prohibitive. If any part of this arbitration is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis) or otherwise conflicts with the JAMS Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Redback shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery consistent with the JAMS Rules and Procedures. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PROVISION SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE RULES.

CLASS ACTION AND FORUM. No class action suits. By participating in the Promotion, each Entrant agrees that to the extent permitted by applicable law: (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or the Prize, will be resolved individually without resort to any form of class action; (b) any and all claims, judgments, and awards will be limited to actual out of pocket costs incurred, if any, in connection with the Promotion and in no event will attorneys’ fees be awarded or recoverable; (c) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT OR WINNER BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH ENTRANT AND THE WINNER HEREBY KNOWINGLY AND EXPRESSLY WAIVES, ALL RIGHTS TO SEEK PUNITIVE, INCIDENTAL, CONSEQUENTIAL, AND SPECIAL DAMAGES, LOST PROFITS, AND ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET COSTS, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (d) EACH ENTRANT’S AND THE EACH WINNER’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND EACH ENTRANT AND THE WINNER IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.

WINNERS LIST & OFFICIAL RULES. To obtain a copy of the official Rules and any legally-required Winners list, send a self-addressed stamped envelope to: Redback Industries, 1091 Andover Park E, Tukwila, WA 98188. All such requests must be received by December 30, 2022.