NO ENTRY FEE, PAYMENT, OR PROOF OF PURCHASE IS NECESSARY TO ENTER OR WIN

PROMOTION OPEN ONLY TO PERMANENT LEGAL RESIDENTS OF THE CONTINENTAL UNITED STATES WHO ARE ALSO LEGAL RESIDENTS OF BREVARD, BROWARD, INDIAN RIVER, MARTIN, MIAMI-DADE, PALM BEACH AND ST. LUCIE COUNTIES IN THE STATE OF FLORIDA WHO ARE 18 YEARS OF AGE (OR AGE OF MAJORITY IN JURSIDICTION OF RESIDENCE, WHICHEVER IS GREATER) OR OLDER AT TIME OF ENTRY.

 

PROMOTION IS VOID WHERE PROHIBITED BY LAW

 

By participating, you agree to abide by and be bound by these Official Rules and the decisions of Hair Club for Men, LLC and/or HCA Advertising Services, Inc. dba HairClub (“Sponsor”), which are final and binding in all respects and not subject to appeal.

 

Prior to submitting your entry, you are strongly advised to review Sponsor’s Privacy Policy at www.hairclub.com/privacy-policy which addresses the collection, use and sharing of your personal information

 

 

  1. Eligibility: Open to permanent legal residents of Brevard, Broward, Indian River, Martin, Miami-Dade, Palm Beach and St. Lucie Counties in the State of Florida. All participants must be 18 years of age (or age of majority in jurisdiction of residence, whichever is greater) or older at the time of entry. Promotion is not open to Sponsor, nor to Darcizzle, Inc. (“Darcizzle”), nor to any of the foregoing’s employees, subsidiaries, franchisees, divisions, affiliates, agents (including Platform as defined below), advertising agencies, wholesale distributors, individual retail licensees, nor members of their immediate families or households. Void wherever taxed, prohibited or restricted. Subject to all federal, state and local laws and regulations.
  2. To participate: Step 1) Click on any Promotion Ad on Sponsor’s website, and or on Sponsor’s Instagram®, Twitter®, YouTube®, and or Facebook® account between April 10, 2021 at 8:00 a.m. Eastern Standard Time (EST) and May 15, 2021 at 11:59 p.m. EST, Step 2) Click the Ad and when you do you will be redirected to a landing page(hereafter, the “Platform”), 3) follow the instructions to complete your entry by providing all information required (that is, your first and last name, e-mail address, zip code of residence and your telephone number) 4) Complete: a free Hair Health Check-Up consultation at any U.S. Hair Club Center between April 10, 2021 and May 15, 2021 (consumer is NOT obligated to purchase any service in conjunction with such consultation; consultations are subject to availability and other restrictions) and consenting, if you agree, to these Official Rules (failure to do so will result in an incomplete entry which will disqualify you, and will result in failure to enter the Promotion).

All persons eligible pursuant to Section 1 who complete Steps 1-4 (hereafter “Participants”) shall be entered once in a random drawing conducted by Sponsor to select the potential winner of the Prize (defined below).

  1. Promotion, Winner Selection, and Odds: The Promotion period begins on April 1, 2021 at 8:00 p.m. EST and ends on May 15, 2021 at 11:59 p.m. EST (“Promotion Period”). The Winner will be randomly selected on or about May 16, 2021 from all the eligible entries received. Sponsor will contact the potential Winner via at least one of the contact methods provided. All decisions by Sponsor are final and binding upon all Participants and Winner. Sponsor will make commercially reasonable efforts to contact potential Winner. If Sponsor is unsuccessful is contacting potential Winner notwithstanding exercise of such commercially reasonable efforts, the Prize will be automatically forfeited by such potential Winner without compensation of any kind. Potential Winner must complete all required Prize Processing Forms (as such term is defined below) within the timeframe indicated by Sponsor, failure to do so within the period indicated in the instructions may result, in Sponsor’s sole discretion, in forfeiture of the Prize without compensation of any kind. If Sponsor receives the potential Winner’s Prize Processing Forms but, based on its review of same, determines that the potential Winner is NOT eligible or otherwise NOT in compliance with these Official Rules, the Prize will be automatically forfeited without compensation of any kind. In the case of Prize forfeiture for any reason, Sponsor will draw again from all the remaining eligible entries to select an alternate potential Winner. Sponsor assumes no liability or responsibility for (a) late, lost, illegible/garbled, corrupted, incomplete, inaccessible/blocked, jumbled, damaged, defective, misdirected or improperly recorded/unrecorded entries (all of which are void); (b) any incomplete, incorrect or inaccurate information, whether caused by Platform, HairClub website or social media website users, tampering, hacking or by any of the equipment or programming associated with or utilized in the
 

Promotion or by any technical or human error; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any website (including Hair Club’s website, any social media website and/or the Platform), or any winner notification; (d) any problems or technical malfunctions of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, programming or failure of e-mail transmissions on account of technical problems or traffic congestion on the Internet or at any website (including Hair Club’s website, any social media website, and/or the Platform) or any combination thereof; or for injury or damage to entrant’s or to any person’s mobile device or desktop computer (or any information/materials stored thereon) related to or resulting from downloading materials from any website (including HairClub’s website, any social media website and/or the Platform) or participating in the Promotion; and (e) any errors in advertising or offering the Promotion.

  1. Prize: Winner will receive a one day, 8-hour maximum, offshore fishing outing with Darcizzle in Stuart, Florida (hereinafter referred to as “Prize” and/or “Event”). Approximate Retail Value of Prize: $1,200.00. Sponsor shall, at its sole cost and expense, arrange for Winner to accompany Darcizzle, Inc. to a one-day fishing charter with DayMaker Charters located at Sailfish Marina, 3585 SE St. Lucie Blvd., Stuart, FL 34997. Winner will be solely responsible for providing their own lodging/accommodations and transportation to and from Event. No food or beverage will be supplied by Sponsor or Darcizzle, and Winner may bring their own food and non-alcoholic beverages. Winner is prohibited from bringing alcoholic beverages to Event. Sponsor reserves the right in its sole discretion to update and or change the Prize (in whole or in part) for another prize/prize component of equal or greater value without advance notice to Participants or Winner. To receive the Prize, Winner will be required to fill out certain “Prize Processing Forms” which may include but not be limited to: an affidavit of eligibility, liability release, publicity release (where lawful), a promise to pay taxes, and an IRS W9 Form (should the value of the Prize equal or exceed $600). Winner is solely responsible for any additional expenses that may result in connection with this Promotion and the Prize, including, but not limited to, internet, data, mobile, and phone access fees, costs of travel to and from the center, federal, state and local taxes on the Prize. Failure to submit, within required timeframes, the information required in the Platform or on the processing forms as requested by Sponsor, and or failure to abide by these Official Rules, will result in the forfeiture of the Prize without compensation of any kind, and an alternate winner will be selected as discussed above. Winner may waive the right to participate or claim the Prize in writing, at which point, Winner will
 

forfeit the Prize without compensation of any kind and an alternate Winner will be selected as discussed above. Event shall be scheduled by Sponsor and shall take place no later than June 15, 2021, subject to abidance by Winner of all the terms and conditions set forth herein, and subject to Winner’s submission of all the Prize Processing Forms. The Event must take place no later than June 15, 2021. Failure of the Event to take place by June 15, 2021 will result in forfeiture of the Prize by Winner.

  1. Prize Restrictions: To participate in the Promotion all persons must, at a minimum, complete Steps 1- 4 described above. Steps 1-4 require Internet access/data connection/and or telephone or mobile service. Internet, data and wireless, phone carrier fees may apply depending on the method used, and Participants are solely responsible for all such fees. Prize is not transferable, except in the sole discretion of Sponsor (and which may be granted or withheld without liability of any kind). Participants must consent to be bound by Sponsor’s and the Platform’s Terms of Use and Privacy Policies. Participants must fill out all forms required by Sponsor and the Platform as herein noted, failure to do so may result in inability to participate and or in inability to receive the Prize. The Prize cannot be exchanged nor substituted for products, services, cash or credit. There shall be no compensation or prize substitution if Winner is unable to or unwilling to accept Prize for any reason of illness, family emergency, personal events, terrorism, labor strikes, epidemics, outbreaks of communicative disease, public health emergencies, quarantines, weather, inability to attend the Event for any reason, governmental rules, regulations or restrictions, and or other acts beyond Sponsor’s control. If any component of the Prize is declined by Winner for any reason, no alternate prize or compensation will be awarded in place thereof.
  2. Waiver/Release. By entering, Participants agree to be bound by these Official Rules, and acknowledge that all decisions of Sponsor are final and binding in all respects. In consideration for the opportunity to participate, Participants irrevocably consent to granting Sponsor and its designees the perpetual worldwide right to use of their names, publicly available biographical information, voice, photo, image, and likeness without limitation, in any media now in existence or hereafter devised, for advertising, publicity or other commercial purposes without consideration or notice of any kind, except where prohibited by law. As a condition of entering the Promotion and to the fullest extent permitted by law, Participants agree that: (a) under no circumstances will Participants be permitted to obtain awards for, and Participants hereby waive all rights to claim punitive, incidental, consequential, special or any other damages or attorney’s fees, other than for actual out-of-pocket expenses arising out of this Promotion (if any); (b) all
 

causes of action arising out of or relating to this Promotion, or the award of prize, shall be resolved individually and subject to Sponsor’s non-disclosure agreements, without resort to any form class action. Participants understand and agree that the Platform is a third party marketing forum; that Sponsor has no control over the Platform’s practices and policies, and explicitly disclaims any liability arising out of your use of the Platform and or the Platform’s use of any information submitted by Participant subject to the Platform’s privacy policy and terms of use. Darcizzle, Inc. and its subsidiaries, and/or their respective present or future affiliates, assigns or successors (collectively, the (hereafter, the “Darcizzle Parties”), will have no liability or responsibility for any claim arising in connection with participation in the Promotion or any prize awarded. This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram®, Twitter®, and or Facebook®, YouTube®, nor neither the Darcizzle Parties or Platform. To the extent applicable, your entry must be in compliance with YouTube’s Community Guidelines and, if not in compliance, such entry will be disqualified. NOTWITHSTANDING ANYTHING TO THE CONTRARY, AS A CONDITION OF ENTERING THE PROMOTION, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS SPONSOR AND THE PLATFORM, AS WELL AS SPONSOR AND THE PLAFTORM’S PARTNERS, PRINCIPALS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS, (“RELEASED PARTIES”), AS WELL AS FACEBOOK, INC., TWITTER, INC., AND GOOGLE LLC FROM ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS AND PROPERTY, INCLUDING DEATH, WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, WHICH RELATES IN ANY WAY TO PARTICIPANTS’ PARTICIPATION IN THE PROMOTION OR ANY PORTION THEREOF, AS WELL AS THE ACCEPTANCE, USE/MISUSE OR POSSESSION OF PRIZE, AND ANY PRIZE-RELATED ACTIVITIES. PARTICIPANTS WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EXCLUDING ONLY THE EXPRESS WARRANTIES PROVIDED BY SPONSOR ON ITS PRODUCTS WHICH ARE LIMITED TO THEIR STATED TERMS).

  1. Participation: Sponsor reserves the right to disqualify Participants and or any persons found tampering with or otherwise abusing any aspect of this Promotion and/or seeking to defraud Sponsor as to participation in the Promotion, as solely determined by Sponsor in its sole discretion. HOWEVER, DISQUALIFICATION SHALL NOT REPRESENT SPONSOR’S SOLE AVAILABLE REMEDY UNDER SUCH CIRCUMSTANCES; AND, SPONSOR EXPRESSLY RESERVES THE RIGHT TO PROHIBIT SUCH PARTICIPANTS/PERSONS FROM PARTICIPATING IN FUTURE SPONSOR
 

SWEEPSTAKES, CONTESTS, OR OFFERS; REVOKE SUCH PARTICIPANT’S/PERSON’S HAIRCLUB MEMBERSHIP (IF

 

APPLICABLE) AS WELL AS SEEK LEGAL SANCTIONS SO AS TO PROTECT ITS RIGHTS. In the event the Promotion is

 

compromised by non-authorized human intervention, tampering or other causes beyond the reasonable control of the Sponsor that corrupts or impairs the administration, security, fairness or proper operation of the Promotion, HairClub’s website, social media website(s) and/or the Platform, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Promotion and award the Prize (to the extent feasible) based on eligible entries received prior to the action taken by Sponsor, or in such other manner as Sponsor sees fit in accordance with the spirit of these Official Rules. Sponsor is not responsible for any typographical or other error in the printing of the Promotion, administration of the Promotion or in the announcement of the Prize. Sponsor shall notify Participants via HairClub’s website and/or the Platform (if and as applicable) if the Promotion is suspended, terminated modified as discussed above.

  1. Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of Florida without giving effect to any choice of law or conflict of laws principles. To the fullest extent permitted by law, Participant agrees that any dispute commenced regarding these Official Rules or the Promotion must be brought in the United States District Court for the Southern District of Florida or Florida State Court in Palm Beach County, Florida; and, Participant agrees to the exclusive and personal jurisdiction of such courts, waiving any right of change of venue, forum non conveniens or the like. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any such provision is determined to be invalid or otherwise unenforceable by a court of competent jurisdiction, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision were not contained therein. Sponsor’s failure to enforce any provision of these Official Rules in a given circumstance shall NOT function as a waiver of such provision. The headings herein are for purposes of reference only and shall not otherwise affect the meaning or interpretation of these Official Rules. Participants may request the name of the Winner (i.e., first name, last initial; city/state), by sending a self-addressed stamped envelope to: HairClub, Attention: Legal Department c/o DARCIZZLE ONE DAY OFFSHORE FISHING OUTING Winner’s List to the following address: 1499 W. Palmetto Park Rd. Ste. 111, Boca Raton, FL 33486, no later than August 1, 2021.