E-Bike Giveaway Official Rules

HIXFAM Holiday Giveaway Official Rules
 NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND
DOES NOT INCREASE YOUR CHANCES OF WINNING.
 VOID IN ALASKA, HAWAII, AND WHERE PROHIBITED BY LAW.
 ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND
ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, YOU
AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ
THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT
INCLUDES INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU AND A
LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: The HIXFAM Holiday Ultra Bee Giveaway (“Sweepstakes”) is only open to legal
residents of the 48 contiguous United States and D.C. (excluding Alaska and Hawaii) and the
District of Columbia, who are at least eighteen (18) years of age or older as of time/date of entry.
Employees, officers and directors of HIXFAM LLC (“Sponsor”), Realtime Media LLC
(“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising,
contest, fulfillment and marketing agencies, (collectively, the “Sweepstakes Parties”), their
immediate family members and those living in the same household as such individuals (whether
legally related or not), and previous winners of any HIXFAM LLC promotion, are not eligible to
participate in the Sweepstakes or win the prize. For purposes of this Sweepstakes, immediate
family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents,
siblings, children and grandchildren and their respective spouses, and those living in the same
household shall mean people who share the same residence at least three (3) months a year,
whether legally related or not. Void in Alaska, Hawaii, and where prohibited by law, rule or
regulation. All federal, state and local laws and regulations apply. By participating in the
Sweepstakes, you unconditionally accept and agree to comply with and abide by these “Official
Rules” and the decisions of Sponsor, including the interpretation of these Official Rules
administration of the Sweepstakes, selection of the winner, and Sponsor’s exercise of discretion,
which will be final, non-appealable, and binding in all respects.
2. TIMING: The Sweepstakes begins at 12:00 p.m. Pacific Time (“PT”) on September 20, 2024,
and ends at 11:59 p.m. PT on December 1, 2024 (the “Sweepstakes Period”) The computer
clock of the Sponsor is the official time-keeping device in the Sweepstakes.
3. HOW TO ENTER THE SWEEPSTAKES: There are two (2) methods of obtaining
Sweepstakes entries:
a. PURCHASE METHOD (and possible “Bonus Entries”): During the Sweepstakes Period, you
may earn entries by making purchases from https://hixfam.com/ (the “Website”). You will need to
provide your name, email address, and mailing address, date of birth and phone number, after
which you automatically will earn one (1) entry into the Sweepstakes for every $1 spent on an
eligible purchase on the Website, subject to the overall limit set forth below. The number of
entries you receive will be based on the list price of your eligible purchase (excludes sales tax and
shipping/handling charges), less any credits or discounts. At certain times during the Sweepstakes
Period, as indicated by the Sponsor on their Website, you may also earn two (2) times (“2X”) and
three (3) times (“3X”) the entries (“Bonus Entries”) for every $1 spent, by purchasing digital
downloads (“Boost”) on the Website. You may also combine a Boost and merchandise
purchases for 2X and 3X Bonus Entries, subject to the limit below. For example, for 2X Bonus
Entries, if you purchase a $50 Boost and a $30 t-shirt, you will receive 160 Bonus Entries. For
3X Bonus Entries, if you purchase a $100 Boost and a $30 t-shirt, you will receive 390 Bonus
Entries. subject to the overall limit set forth below. You must purchase a Boost or a combination of
a Boost and merchandise to receive Bonus Entries. Limit of up to 500 Bonus Entries per person
throughout the Sweepstakes Period. You cannot get Bonus Entries for purchasing only
merchandise. If a purchase is returned prior to the Sweepstakes drawing, entries associated with
that purchase will be voided and excluded from the Sweepstakes drawing. All purchases are
subject to Sponsor’s return policy. Your purchase transaction must be completed before the end
of the Sweepstakes Period to be eligible to receive entries and is subject to verification by
Sponsor.
b. ALTERNATE MEANS OF ENTRY: To enter without making a purchase, handprint your full name,
full mailing address, email address, phone number, and birth date on a plain 3x5 inch paper or
card. Mail your completed entry to Realtime Media, Attn: HIXFAM Holiday Giveaway – AMOE
Entry, 1001 Conshohocken State Road, Suite 2-130, Conshohocken, PA 19428. Each entry must
be mailed separately in a hand-addressed, properly stamped envelope. No photocopied or
mechanically reproduced entries will be accepted. No responsibility is assumed for lost, late,
incomplete, illegible, misdirected or postage-due entries. Mailed-in entries must be postmarked
no later than December 2, 2024, and received by December 9, 2024, to be eligible for the drawing. All
entries become the property of Sponsor and will not be returned or acknowledged. For each
mailed-in entry, you will receive fifty (50) entries into the Sweepstakes, subject to the limit below.
To earn Bonus Entries without a purchase during the Sweepstakes Period, follow the instructions
above for your mail-in entry. On the outside of up to five (5) envelopes, in the bottom left corner,
write BONUS in clear and conspicuous capital letters and you will receive 100 entries for that
specific mail-in, equivalent to earning 100 Bonus Entries via the Website, as described, above,
subject to the overall limit set forth below.
Limit: You may earn up to one thousand (1,000) entries total per person during the Sweepstakes
Period, regardless of method or combination of methods of entry and including any and all Bonus
Entries, as described above. Maximum of five hundred (500) Bonus Entries per person
regardless of method or combination of methods of entry. Any attempt made by an individual to
submit more than the stated number of entries or Bonus Entries by using multiple or false
contact information, accounts or otherwise may result in the entrant and of all the entrant’s
entries being disqualified. Entries generated by a script, computer programs, macro, programmed,
robotic or other automated means are void and may be disqualified. Entries that are in excess of
the stated limit, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or
misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified
from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants
who do not meet the eligibility requirements are void. All materials submitted become the
physical property of Sponsor and will not be returned. In the event of a dispute over the identity of
an online entrant, entry will be deemed submitted by the registered account holder of the email
address associated with the entry or social media account for the domain associated with the
submitted address, provided that person is eligible. Winner may be required to show proof of
being the registered account holders. Registered account holder is defined as the person
assigned to an email address by an Internet access provider, online service provider or other
organization responsible for assigning email addresses. In the event that a dispute regarding
the identity of the individual who submitted an entry cannot be resolved to Sponsor’s
satisfaction, the affected entry will be deemed ineligible. Those who do not follow all instructions,
provide the required information in their entry form, or abide by these Official Rules or other
instructions of Sponsor may be disqualified.
The Sweepstakes Parties assume no responsibility for (i) technical, electronic, telephone,
hardware, software or network, computer or data transmission errors, mail delays or losses,
malfunctions or difficulties of any kind or (ii) any incorrect data contained in any Sweepstakes
entry.
4. SWEEPSTAKES DRAWING: On or about December 10, 2024, the Administrator will conduct a
random drawing from all eligible entries received during the Sweepstakes Period and will select
one (1) potential winner.
5. ODDS: The odds of winning the prize depend on the number of eligible entries received.
6. WINNER NOTIFICATION: The potential winner will be notified using the information provided
during entry by email in a commercially reasonable time after the drawing. The winner, once
confirmed, will also be announced on Sponsor’s social media. The Sweepstakes Parties are not
responsible for and shall not be liable for false, incorrect, changed, incomplete or illegible contact
information or for electronic communications that are undeliverable as a result of any form of
active or passive filtering of any kind, or insufficient space in entrant’s email or other account to
receive messages or late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to
notify the potential winner (or if potential winner is a minor, for late, lost, misdirected, or
unsuccessful efforts of potential winner to provide signed parental or guardian consent).
Notification is deemed to have occurred immediately upon sending of an email or placing of a
phone call. If a potential winner cannot be contacted within a reasonable time period, if potential
winner is ineligible, if any notification is returned undeliverable, or if a potential winner otherwise
fails to fully comply with these Official Rules, potential winner will forfeit that prize and an
alternate winner may be selected from among all remaining eligible entries. As part of the winner
notification process, the potential winner will be required to complete and submit a declaration of
eligibility/release of liability/prize acceptance agreement (“Declaration”), within forty-eight (48)
hours of notification, as a condition of receiving the prize. If the potential winner fails or refuses
to sign and return the Declaration within the required time period or if the Declaration is
returned as rejected, faulty, unclaimed or returned as undeliverable to potential winner,
and/or the potential winner is otherwise noncompliant, the potential winner will be
disqualified and an alternate will be selected, up to three (3) alternates, after which the
prize will remain un-awarded. A potential winner becomes a “winner” only after
verification of eligibility by Sponsor.
Parents or legal guardians of any prize winner under the age of majority in their state/jurisdiction
of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska
and twenty-one (21) in Mississippi) may be required to also sign the Declaration in order for the
prize winner to be qualified to receive his or her prize.
No more than the stated prize will be awarded. If, for any reason, more bona fide winners come
forward seeking to claim prizes in excess of the prize set forth in these Official Rules, the winner
of the advertised prize available may be selected in a random drawing from among all persons
making purportedly valid claims for such prize. Inclusion in such drawing shall be each entrant’s
sole and exclusive remedy under such circumstances.
7. PRIZE/PRIZE RESTRICTIONS: One (1) prize will be awarded in the Sweepstakes,
consisting of:
ONE (1) GRAND PRIZE: One (1) Electric Dirt Bike, for off-road use only. All details determined by
Sponsor, in its sole discretion.
The Approximate Retail Value (“ARV”) of the prize is $4,900.
PRIZE RESTRICTIONS: Winner will be solely responsible for any applicable licensing, insurance,
title and registration fees and any other expenses not specified herein, including but not limited to
costs incurred by winner related to the acceptance, pickup/transport or use of a prize. Winner must
agree to pick up the Grand prize at a Sponsor-specified location in the U.S. within thirty (30)
days of notification of availability from the Sponsor; failure to take delivery within 30 days of
availability could cause prize to be forfeited and awarded to an alternate. Winner must possess
required identification documents (e.g., a government-issued ID), as applicable. In the event
winner is unable to take delivery of the prize, winner will be disqualified, and an alternate winner
may be selected. Sponsor reserves the right to substitute a prize of equal or greater value, where
lawful, at its sole discretion. No substitution or transfer of prize by winner permitted. Prize winner
shall bear all risk of loss or damage to or theft of any element of the prize after taking
delivery/obtaining ownership, and Sponsor will have no obligation to replace it. Winner
acknowledges that Sponsor has not made nor is in any manner responsible for any warranty,
representation, or guarantee, express or implied, in fact or in law, relative to any prize offered in
this Sweepstakes, including but not limited to its quality, mechanical condition or fitness for a
particular purpose. Grand Prize may not meet safety or other standards required in some states,
and/or counties/municipalities. Winner is responsible to check their state/county for applicable
safety inspection and other requirements prior to accepting prize and must use prize in
accordance with those regulations. Photographs of the prize in any media are for illustrative
purposes only and may not be the actual model to be awarded. All details and restrictions for the
prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.
Prize consists of only the items specifically listed as part of the prize. The responsibility of
claiming and arranging the transfer of the bike portion of the prize will be a cost to the winner.
Sponsor will assist and facilitate reasonable shipping as well as helping with all the fulfillment
duties by winner. The prize will be awarded only upon winner redemption, confirmation,
verification, and final approval by Sponsor. No substitution, transfer of any prize or cash alternative
permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of
equal or greater value, if prize, or portion of prize, becomes unavailable. Sweepstakes Parties
are not responsible for late, lost, stolen, damaged, delayed, or undelivered prize.
THE PRIZE IS AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE
SWEEPSTAKES PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION.
ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT
SPECIFIED HEREIN AS BEING PROVIDED ARE WINNER’S SOLE RESPONSIBILITY.
Prize is non-transferable, with no cash redemptions, equivalents, or substitutions except at
Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will
be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject
to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to
provide the winner with the prize, the Sponsor may elect to provide winner with the approximate
value of such item in cash or award an alternate prize of comparable or greater value. Prize is
awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation,
any implied warranty of merchantability or fitness for a particular purpose). Winner will be solely
responsible for all federal, state and/or local taxes, and for any other fees or costs associated with
the prize received, regardless of whether they, in whole or in part, are used. The ARV of the prize
is based on available information provided to Sponsor and the value the prize will be reported for
tax purposes as required by law. The winner will be required to provide Sponsor with a valid social
security number before the prize will be awarded, for tax reporting purposes. An IRS Form 1099
will be issued in the name of winner for the actual value of the prize received. Any unclaimed
prize will be forfeited. Prize, if legitimately claimed, will be awarded. The Sweepstakes Parties are
not responsible for and will not replace any lost, mutilated, or stolen prizes or any prize that is
undeliverable or does not reach the winner because of an incorrect or changed address. If a
winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be
forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or
portion of the prize. No more than the stated prize will be awarded. The Sweepstakes Parties are
not responsible for, and winner will not receive the difference, if any, between the actual value of
the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-
related correspondence or material. Winner will be contacted about prize fulfillment
approximately one (1) to three (3) weeks after winner is confirmed.
8. GENERAL: The winner hereby expressly grants to the Sweepstakes Parties and their respective
designees all rights to use and publish his/her name, likeness (photographic or simulated), voice,
and province of residence for all purposes, including without limitation, advertising, marketing,
promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any
and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or
any amount or kind of compensation or permission, except where prohibited by applicable law.
All copyright, trademark or other intellectual property rights in such Advertising shall be owned
by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any
claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor
and/or its licensors, and each winner hereby waives any claim of control over the Advertising
content as well as any possible claims of misuse of such winning recipient’s name, likeness or
voice under contract, tort or any other theory of law. The Sweepstakes Parties do not assume
any responsibility for any disruption in the Sweepstakes Parties, including but not limited to the
failure or interruption of any internet service provider. In the event there is a discrepancy or
inconsistency between disclosures and other statements contained in any Sweepstakes
materials and the terms and conditions of these Official Rules, these Official Rules shall prevail,
govern, and control. In no event will more prizes be awarded than those listed in Section 5. All
federal, state, and local laws and regulations apply. All decisions as to these Official Rules and
interpretations thereof are exclusively within the sole discretion of the Sweepstakes Parties and
may be changed from time to time without notice. The Sweepstakes Parties reserve the right to
cancel or modify the Sweepstakes at any time without notice. The potential winner may be
requested to provide the Sponsor with proof that the potential winner is the authorized account
holder of the email address associated with the winning entry. If, in Sponsor’s sole determination,
a dispute cannot be resolved, the entry will be deemed ineligible. Entries generated by a script,
macro or other automated means will be disqualified. Entries that are incomplete, garbled, or
corrupted are void and will not be accepted.
9. CONDUCT: By participating in this Sweepstakes, you agree to be bound by these Official Rules
and the decisions of the Sweepstakes Parties, which shall be final, binding and non-appealable
in all respects. Failure to comply with these Official Rules may result in disqualification. The
Sweepstakes Parties reserve the right at their sole discretion to disqualify any individual found to
be tampering with the participation process or the operation of the Sweepstakes, or to be acting
in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to
be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or
disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all
associated entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY
OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE
OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS,
AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE
THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’
FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
10. WAIVERS AND DISCLAIMERS: The Sweepstakes Parties assume no responsibility or liability for:
(a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or
garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or
for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft,
destruction or alteration of entries or registrations at any point in the operation of this
Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect,
delay in operation or communications line failure, regardless of cause, with regard to any
equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in
any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet
or the website or any combination thereof or for computer hardware or software malfunctions,
failures or difficulties, or other errors or difficulties of any kind whether human, mechanical,
electronic, computer, network, typographical, printing or otherwise relating to or in connection with
the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection
with the administration of the Sweepstakes, the processing of entries, social networking posts, or
registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f)
any injury or damage to entrants or to any other person's computer which may be related to or
resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes
(or any part thereof) is not capable of running as planned for reasons which may include, without
limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical
failures, or any other causes which may corrupt or affect the administration, security, fairness,
integrity or proper conduct of this Sweepstakes, then the Sweepstakes Parties reserve the right at
their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If
terminated, the Sweepstakes Parties will award the prizes in a random drawing from among all
non-suspect, eligible entries received for the Sweepstakes up to the time of such action.
11. RELEASES: All entrants, as a condition of participation in this Sweepstakes, release, discharge,
indemnify and hold harmless the Sweepstakes Parties and each of their respective directors,
officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and
against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or
actions of any kind whatsoever for injuries, death, damages, or losses to persons or property
which may be sustained, in whole or in part, directly or indirectly, in connection with: (i)
participation in any aspect of the Sweepstakes (including travel to/from any Sweepstakes
activity), (ii) the receipt, ownership, use or misuse of the prize awarded, including any travel
associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy,
claims of defamation or portrayal in a false light or based on any claim of infringement of
intellectual property; (iv) entrant’s registration material on any related website, or (iv) any
typographical, human or other error in the printing, offering, selection, operation or
announcement of any Sweepstakes activity and/or prize.
12. GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official Rules or the rights and
obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will
be governed by and construed in accordance with the internal laws of the State of California,
without giving effect to any choice of law or conflict of law rules or provisions that would cause the
application of any other laws.
BY ENTERING THE SWEEPSTAKES, 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 SWEEPSTAKES, OR ANY PRIZE AWARDED,
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 THIRD-
PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS
($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C)
UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD
FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO
SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS
AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT
TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED
OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM
FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO
SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through
arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in
the state and federal courts in the State of California, and any other court with jurisdiction over the
parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and
award is final and binding, with limited exceptions, and judgment on the award may be entered in
any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action
or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding
arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc.
(“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing
date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect
to have the arbitration administered by the American Arbitration Association (“AAA”) or any other
mutually agreeable arbitration administration service. If an in-person hearing is required, then it
will take place in the State of California. The federal or state law that applies to these Official Rules
will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will
not be consolidated with any other proceedings that involve any claims or controversy of another
party, including any class actions; provided, however, if for any reason any court or arbitrator holds
that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t
apply and the dispute must be brought in a court of competent jurisdiction in the State of California.
Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration
(but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).
Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
14. ENTRY INFORMATION AND SWEEPSTAKES COMMUNICATIONS: As a condition of entering
the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name,
address and other information to third parties for the purpose of administering this Sweepstakes
and to comply with applicable laws, regulations and rules. Any information entrant provides to
Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a
Sweepstakes winner’s list. By participating in the Sweepstakes, entrant agrees to all of the terms
and conditions of the Sponsor’s Privacy Policy, which is available at
https://hixfam.com/pages/privacy-policy. In the event of any discrepancy between the Sponsor’s
Privacy Policy and these Official Rules, these Official Rules shall control and govern.
15. MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the
Declaration will not affect the validity or enforceability of any other provision. In the event that any
provision of the Official Rules or the Declaration is determined to be invalid or otherwise
unenforceable or illegal, the other provisions will remain in effect and will be construed in
accordance with their terms as if the invalid or illegal provision were not contained herein.
Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that
provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings
are solely for convenience of reference and will not be deemed to affect in any manner the
meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or
inconsistency between disclosures or other statements contained in any Sweepstakes-related
materials, privacy policy or terms of use on any website, social media platform or application
and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and
control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
16. PRIVACY: Except as noted in these Official Rules, information collected for this Sweepstakes is
used only for the purpose of Sweepstakes administration and winner notification and will not be
re-used, sold or shared in any manner by the Sweepstakes Parties or any third parties unless you
have elected to receive additional information or promotional material from the Sponsor, or a
third party. By participating in the Sweepstakes, participant agrees to all of the terms and
conditions of the Sponsor’s Privacy Policy, which is available at
https://hixfam.com/pages/privacy-policy. In the event of any discrepancy between the Sponsor’s
Privacy Policy and these Official Rules, these Official Rules shall control and govern.
17. WINNER LIST: To receive the name of the winner, send a #10 self-addressed, stamped
envelope for receipt by February 11, 2025, to: HIXFAM Holiday Giveaway - Winner List Request,
c/o Realtime Media, 1001 Conshohocken State Road, STE 2–100, West Conshohocken, PA
19428.
SPONSOR: HIXFAM LLC, 3400 Cottage Way, Suite G2 #22183, Sacramento, CA 95825.
Reference to third parties in connection with prizes and/or third-party websites or services are for
reference and identification purposes only and not intended to suggest endorsement, sponsorship
or affiliation with Sponsor or the Sweepstakes.
ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, STE 2–100,
West Conshohocken, PA 19428