A. ELIGIBILITY: The Contest is open only to legal residents of the United States or the District of Columbia (collectively referred to herein as “states”), who are eighteen (18) years of age (except in the case of legal residents of certain states where the legal age of majority is greater than eighteen (18) years of age, such legal age of majority) or older at the time of entry and who have an active e-mail account and Internet access. Employees, agents, officers, directors, members, managers and owners, and their immediate family members (spouse, domestic partner, parent, legal guardians, grandparents, grandchildren, siblings, children and “step” of each and their respective spouses, regardless of where they reside) and those individuals living in the same household as such persons, whether or not related, of GovX, Inc. (“Sponsor”), and its parents, owners, affiliated companies, subsidiaries, licensees, distributors, and any and all other companies associated with the Contest are not eligible to participate or win a Prize (defined below). Entrants must be a verified member of GovX with a GovX account reflecting the entrant’s profession of a law enforcement officer.
B. HOW TO ENTER: Eligible individuals (GovX members) may enter the Contest by submitting their photo in the entry form found here (https://blog.govx.com/fishing-trip). Entries must be submitted between 12:00 AM PST on June 1, 2022 and 11:59 PM PST on June 7, 2022 (“Entry Period”). There are no other methods of entry. To be considered as an entry, all required questions must be answered (ie., partial submissions will not be considered).
C. ENTRY REQUIREMENTS: To be eligible for entry to the Contest, eligible individuals must meet the following requirements:
D. ENTRY RESTRICTIONS: The Sponsor is not responsible for late or incomplete Entries. If an online form entry isn’t received within the entry period, the eligible individual will not receive an entry to the contest. All requirements of entry as listed above must be adhered to. GovX will make the final determination of entry eligibility, in its sole discretion.
F. CONDITIONS OF ENTRY:
Each Entrant irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), each element of the Entrant’s Entry, and use of the Entrant’s name, likeness, photograph (collectively, “Likeness”), and/or statements regarding his/her participation in this Contest (with or without using the Entrant’s name) in any and all media without limitation as to time or territory, and without additional compensation or approval from the Entrant or any other party. Entrant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of any element of the Entry, and agrees not to sue or assert any claim against the Sponsor for the use of any element of the Entry or Entrant’s Likeness or statements.
Entrant agrees to indemnify and hold the Sponsor, its agencies and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the use of any element of Entrant’s Entry, or the Entrant’s conduct in submitting an Entry or creating a video or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual’s right of publicity or right of privacy, or defamation. Entrant further agrees to release the Sponsor from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of the Sponsor infringes Entrant’s rights with regard to any elements or ideas contained in any element of the Entry.
G. SELECTION OF WINNER: From the pool of entries, SIX (6) winners will be selected by a committee of GovX employees, no later than June 30, 2022.
Subject to verification of eligibility and compliance with the terms of these Official Rules (including without limitation the “Notification” section below), the potential winner will be declared the official winner of the Contest (a “Winner”). The decisions of the Sponsor are final and binding on all matters relating to this Contest.
H. PRIZES: SIX (6) winners will be selected from the Entry Period and will receive the following prize (a “Prize”):
The decisions of the Sponsor are final and binding on all matters relating to this Contest.
By entering this contest, the entrant agrees to the following Statement: I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”
The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
I. NOTIFICATION: The potential Winner will be notified by June 30, 2022 at the email address provided or of record in the entrant’s www.govx.com account profile at the time of entry (the “Prize Notification”). The potential Winner may be required to submit his/her valid social security number, driver’s license and/or other identification to Sponsor and may be required to execute, have notarized and return an Affidavit of Eligibility and Release of Liability and, unless prohibited by law, Publicity, within five (5) days of the date of issuance of the Prize Notification. The occurrence of any of the following may result in disqualification and Prize forfeiture and, at Sponsor’s sole discretion and time permitting, may cause an alternate potential Winner to be selected from among all remaining eligible entries: (i) the Prize Notification is undeliverable; (ii) the potential Winner does not respond to any such Prize Notification within three (3) days of the date of issuance in accordance with the instructions in the Prize Notification; (iii) the potential Winner declines or returns the Prize for any reason; (iv) a potential Winner fails to submit any identification required by Sponsor or to return the required fully completed documents (without modification) within the specified time period; or (v) a potential Winner fails to comply with these Official Rules or is ineligible.
J. USE OF PERSONAL INFORMATION: In order to participate in the Contest, entrants may be required to supply certain information about themselves on the Contest entry pages or for the purposes of securing the prize (ie, information for reservations). This may include, but not be limited to, name, address, phone number, date of birth, and drivers license information. This information will be used by Sponsor for the purposes of administering the Contest. All information submitted online by entrants is subject to, and will be treated in a manner consistent with the Terms of Service accessible at https://www.govx.com/t/TermsOfService and Privacy Notice accessible at: https://www.govx.com/t/privacyinfo.
K. RELEASE OF LIABILITY: By participating in the Contest and submitting an entry, each entrant agrees to (i) be bound by these Official Rules, including all entry requirements, and (ii) release, indemnify, defend and hold harmless Sponsor, the manufacturers and distributors of the Prize and any other person or entity in connection with the Contest or any Prize, and each of their respective parents, affiliated companies, subsidiaries, officers, directors, employees, agents, successors and assigns, licensees, distributors, dealers, retailers, printers, representatives and advertising and promotion agencies, and any and all other companies associated with the Contest, and all of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, “Released Parties”) from and against any and all claims for any injury, damages, expenses or losses to person or property or liabilities of any nature that may arise, directly or indirectly, in whole or in part, from the participation in the Contest or from the acceptance, receipt, possession or use of any Prize (or any portion thereof) or any travel or activity related to the acceptance, receipt or use of any Prize (or any portion thereof).
By entering this Contest, the entrant agrees to the following Statement: I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”
The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
L. PUBLICITY RELEASE:
By entering this Contest, each entrant gives his/her express permission to be contacted by Sponsor or its designee by telephone, email and/or postal mail for Contest purposes. The Winner, by acceptance of the Prize, grants to Sponsor and designees the right to publicize such Winner’s name, military or government affiliation, photograph, voice, statements and/or other likeness and prize information for advertising, promotional, trade and/or any other purpose in any media or format now known or hereafter devised, throughout the world, in perpetuity, without limitation and without further compensation, consideration, permission or notification, unless prohibited by law.
M. NO ENDORSEMENT:
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Twitter, Instagram, YouTube, Vimeo, the manufacturers or distributors of the Prize, or any other person or entity other than Sponsor.
N. GENERAL CONDITIONS: Released Parties are not responsible for stolen, late, incomplete, illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged, delayed, undelivered, mutilated, postage-due or garbled entries, transmissions, email or mail; or for lost, interrupted or unavailable network, cable, satellite, server, Internet Service Provider (ISP), wireless network, website, or other connections including those through and/or by any website, availability or accessibility or miscommunications or failed computer, satellite, telephone, cable or wireless transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; wireless service congestion; failures or malfunctions of phones, phone lines or telephone systems, wireless towers or cellular tower equipment; any error, omission, interruption, defect or delay in wireless or other transmission, processing, or communication; non-delivery; misdirected, blocked, or delayed email notifications; printing, typographical or other errors appearing within these Official Rules, in any contest-related advertisements or other materials; or any other errors, problems or difficulties of any kind whether human, mechanical, electronic, network, computer, telephone, wireless service, mail, typographical, printing or otherwise relating to or in connection with the contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the contest, the processing of entries, the announcement of the Prize or in any contest-related materials, or the cancellation or postponement of any game, event or exhibition. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by website users, tampering, hacking, or by any equipment or programming associated with or utilized in the contest. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer and/or wireless device related to or resulting from participating in this contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the contest or website or attempt to undermine the legitimate operation of the contest by cheating, deception or other unfair playing practices, or intend to annoy, abuse, threaten or harass any other entrant or any representative of Sponsor or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Any attempt to deliberately damage the content or operation of this contest is unlawful and subject to legal action by Sponsor and/or its agents. Sponsor shall have the sole right to disqualify any entrant for violation of these Official Rules or any applicable laws relating to the contest, and to resolve all disputes in its sole discretion. Released Parties (i) make no warranty, guaranty or representation of any kind concerning any Prize (or any portion thereof), and (ii) disclaim any implied warranty. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right, in its sole discretion, to cancel or suspend the contest (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the contest (or any portion thereof). In the event of cancellation, Sponsor may elect to identify the Winners and award the Prizes by way of random drawing from among all non-suspect, eligible entries received up to the time of such cancellation. Sponsor also reserves the right, in its sole discretion, to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS contest OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF THIS contest MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH ENTRANT, AND SPONSOR AND ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Entries generated by a script, macro or other mechanical or automated means will be disqualified. In the event of dispute as to the identity or eligibility of any potential Winner based on an email address, the winning entry will be declared made by the “Authorized Account Holder” of the email address submitted at the time of entry provided he/she is eligible according to these Official Rules. The “Authorized Account Holder” is defined as the natural person to whom the applicable Internet service provider or other organization (such as a business or educational institution) has assigned the email address for the domain associated with the submitted email address.
O. LIMITED LIABILITY: IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR OTHERWISE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RELATED TO THE contest, INCLUDING ANY ACCESS TO OR USE OF THE GOVX WEBSITE OR ANY DOWNLOADING FROM OR PRINTING MATERIAL FROM THE GOVX WEBSITE. EVERYTHING ON THE GOVX WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. WINNERS AGREE THAT ALL PRIZES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
P. DISPUTE RESOLUTION: Except where prohibited by law, as a condition of entering this contest, each entrant agrees that (A) any and all disputes, claims, controversies or causes of action arising out of or relating to this contest, or any prizes awarded (each, a “Claim”), shall be (1) arbitrated on an individual basis only, without resort to any form of class action, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, (2) limited to actual out-of-pocket costs incurred, if any, including any costs associated with entering this contest, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (3) settled by binding arbitration in San Diego, California before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and (B) under no circumstance will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses. These Official Rules shall be governed by and construed and interpreted in accordance with the laws of the State of California, U.S.A, applicable to contracts entered into and performed exclusively in that State.
Q. WINNERS LIST or CONTEST ENTRY: For a list of Winners, available after July 1, 2022, mail a request and a self-addressed stamped envelope to: “GovX, Inc., 9191 Towne Center Drive, Suite 390, San Diego, CA 92122, Attention: “GOVX – Bass Fishing Trip Photo Contest – Winners List”.
R. SPONSOR: The Sponsor of this contest is GovX, Inc., 9191 Towne Center Drive, Suite 390, San Diego, CA 92122. Telephone: 888-468-5511