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HEX Performance “HEXyeah” SWEEPSTAKES

HEX Performance “HEXyeah” SWEEPSTAKES

HEXPerformance 5/20/20-5/26/20

1. ELIGIBILITY: The “#HEXyeah Sweepstakes” (the “Sweepstakes”) is open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older or the legal age of majority in their jurisdiction of residence at the time of entry, whichever is older. Employees of HEX Performance, LLC. (“Sponsor”), its subsidiaries, affiliates, promotion and advertising agencies (collectively, the “Promotion Entities”), and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void where prohibited by law. Sweepstakes is subject to all applicable federal, state and local laws. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.

2. SWEEPSTAKES PERIOD: The Sweepstakes starts on May 20, 2020 at 6:00 AM Mountain Standard Time (“MST”) and ends on May 26,2020 at 11:59 PM MST (“Sweepstakes Period”).

3. HOW TO ENTER: Each social media post qualifies as an “Entry”
a) Instagram: Log in to your Instagram account and (i) post a photo of you in your
quarantine uniform; (ii) include the hashtags #HEXyeahsweeps in your post; and (iii) tag @HEXperformance to receive one (1) Entry. You must follow @HEXperformance on Instagram to be eligible.
b) Facebook: Log in to your Facebook account and (i) post a picture in your quarantine uniform with the #HEXyeahsweeps to the Hex Performance Facebook page at www.facebook.com/HEXperformance.com and (ii) include the hashtags
#HEXyeahsweeps; tag @HEXPerformance in your post to receive one (1) Entry. You must follow @HEXPerformance on Facebook to be eligible. Limit of one (1) Entry per person per social media channel per day throughout the Sweepstakes Period. The Entry post may not be obscene, pornographic, violent, cruel, mean-spirited, offensive in any manner, or in any other way not suitable to be published. If an Entry falls into this category (at the Sponsor’s sole discretion), Entry will be deemed void. Entries that do not include the required #HEXyeahsweeps hashtags will not be considered a valid Entry. In case of a dispute as to the identity of an entrant, Entry will be considered to have been made by the authorized account holder of the email account identified with the Instagram or Facebook account through which the submission occurred regardless of the individual that submitted the Entry. Entrants should not use the #HEXyeahsweeps hashtag for purposes other than participation in the Sweepstakes. An entrant must have a non-private Instagram or Facebook account to enter. All terms and conditions of Instagram and Facebook apply. Message and data rates may apply. Please consult your wireless-service provider regarding its message and data pricing plans if you participate from a wireless phone. Any attempted form of entry other than as described herein is void. Sponsor will determine, in its sole discretion, what constitutes a valid Entry. Sponsor reserves the right to cancel or modify the Sweepstakes if fraud or technical failures impact the integrity of the Sweepstakes as determined by the Sponsor, in its sole discretion, and to award the prizes based on eligible Entries received prior to the cancellation. Tampering with the entry process or the operation of the Sweepstakes is prohibited and any Entries deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be void. In the event a dispute regarding the identity of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible.

4. RANDOM DRAWING/ WINNER NOTIFICATION: Winner will be selected in a random drawing on or about May 27, 2020 from all eligible Entries received. Winner will be notified via Instagram’s comment or the Facebook account through which the winner entered the Sweepstakes. Winner will have three (3) days to respond via the e-mail address provided with their name, address for shipping prize, email address, telephone number and birth date to confirm that they are 18 years of age or older. Potential winner selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements and requests of Sponsor during the verification process. Return of notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by a potential winner will result in disqualification and, at Sponsor’s sole discretion, another potential winner may be notified.
5. PRIZE: One (1) Grand Prize: $100 in HEX Performance products. Approximate Retail Value (“ARV”) of each prize: $100.00. Total ARV of all prizes: $100.00. Selection of HEX Performance product is at the sole discretion of HEX Performance. No substitutions for prizes shall be made except by Sponsor, or as may be necessary due to prize unavailability, in which case a prize of equal or greater value will be awarded. Prizes are not transferable or redeemable for cash. All taxes and other expenses not specified herein are the sole responsibility of the winner. Sponsor is responsible only for prize delivery and is not responsible for prize utility, quality or otherwise. No more than the advertised number of prizes will be awarded. Odds of winning depend on the total number of Entries received.
6. LICENSE/USE OF ENTRIES: By submitting an Entry, and to the extent allowed by law, you grant the Promotion Entities a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, unconditional and transferable license to edit, modify, cut, rearrange, add to, delete from, reproduce, encode, store, modify, copy, transmit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use or reuse your Entry, name, photo, post, caption, and biographical material including, but not limited to, all materials submitted in connection with the Sweepstakes in any and all media, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration, or compensation to entrant or any third party. The information you provide will be used in accordance with the HEX Performance privacy policy which may be viewed at https://hexperformance.com/pages/terms-privacy. Each entrant and Prize winner (i) waives all moral rights in and to the Entry in favor of Sponsor and (ii) agrees to release and hold harmless the Promotion Entities and Instagram and Facebook from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action that relate in any way to the Entry. Sponsor reserves the right, in its/their sole and absolute discretion and at any time, to modify, edit or remove any Entry, if a complaint is received with respect to it, or for any other reason. If such an action is necessary, then the Sponsor reserves the right, in its sole and absolute discretion, to remove the Entry from the Sweepstakes.
7. LIMITATION OF LIABILITY: The Sponsor and Promotion Entities are not responsible for, and entrant hereby releases Sponsor and Promotion Entities from any claims arising from: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware or software, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes and (vi) use of any prize.

8. DISPUTES: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate federal or state court of the state of Maryland; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) unless otherwise prohibited, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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 otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the state of Maryland, without giving effect to any choice of law or conflict of law rules (whether of the state of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of Maryland.

9. LIST OF WINNERS: For the list of winners, available after May 30, 2020 send a self-addressed stamped envelope by August 31, 2020 to:
HEX Performance, 1215 East Fort Ave. Suite 003, Baltimore, MD 21230

10. SPONSOR: HEX Performance, 1215 East Fort Ave. Suite 003, Baltimore, MD 21230