Access and Use
MAVERICK CLUB MEMBERSHIP
Maverick Club is our monthly membership. By joining the Maverick Club and becoming a Member, you will receive discounts on all full-priced items, access to exclusive curated content by Logan Paul and/or special guests, access to exclusive Limited Edition items, Giveaways, and More. Maverick Club Members receive free shipping (except on “final sale” items which are not eligible for returns and exchanges). Maverick Club Members will also receive special announcements, promotions, news, and other updates via email and text to always stay in the know!
SIGNING UP FOR THE CLUB AND CANCELING YOUR CLUB MEMBERSHIP
You may post reviews, comments, photos, images, graphics, videos, audio recordings, and other content and submit suggestions, ideas, comments, questions, or other information (collectively “User Content”), so long as such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. The term User Content includes, without limitation, any content you (i) submit or post on the Website or through tools or applications we provide for posting or sharing such content with us or (ii) have posted or uploaded to your social media accounts, including, but not limited to, Instagram, Twitter, Facebook, Tumblr, and Pinterest, and allowed us to feature.
The right to access and use the Services does not include: any resale or commercial use of any Services or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Services or its contents; any downloading, copying or other use of account information for the benefit of any third party; or any use of data mining, robots or similar data gathering and extraction tools.
With respect to the Services and all parts of the Services, you will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb, or any other material that is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment card or other content; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision could constitute a criminal offense and Maverick will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Maverick without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Maverick name or trademarks without the express written consent of Maverick. You may not misuse the Services.
Content, Software and Intellectual Property
All content included in or made available through any Services, such as text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and all software is the property of Maverick or its content suppliers and protected by U.S. and international intellectual property laws, including, without limitation, U.S. and international copyright laws. Furthermore, the compilation of all content included in or made available through any Services is the exclusive property of Maverick and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Services are trademarks or trade dress of Maverick in the United States and other countries. Maverick trademarks and trade dress may not be used in connection with any product or service that is not a Maverick product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Maverick. All other trademarks not owned by Maverick that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Maverick. Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks and content featured on this Website are in no way associated, linked, or affiliated with Maverick, and you should not rely on the existence of such a connection or affiliation. Where reference is made to a trademark or brand name, it is used solely to describe or identify the product or service and is in no way an assertion that such product or service is endorsed by or connected to Maverick.
All intellectual property rights are reserved by Maverick and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or that appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Reporting Claims of Copyright Infringement
We respect the intellectual property rights of others, and we ask our users to do the same. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature;
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the written notice is accurate; and
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
DMCA Designated Agent
Maverick Clothing, LLC
2035 East Vista Bella Way,
Compton, CA 90220
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Upon receipt of notices complying with the DMCA, Maverick will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING BlueBird ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER COMMUNICATIONS, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Terms of Sale
You may need your own Maverick account to use certain parts of the Services, and you may be required to be logged into the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
To contract with Maverick you must be at least 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Maverick retains the right to refuse any request made by you. If your order is accepted, then we will inform you by email, and we will confirm the identity of the party with whom you have contracted. This will usually be Maverick or may in some cases be a third party. Where a contract is made with a third party, Maverick is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale that the third party supplies to you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order, and that there are sufficient funds to cover the cost of the goods. Maverick reserves the right to refuse service, terminate accounts, terminate your rights to use the Services, remove or edit content, or cancel orders in our sole discretion.
By placing an order you are offering to purchase a product or service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. The cost of foreign products and services may fluctuate. All prices advertised are subject to changes. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure events for which we will not be responsible.
Our Contract. When you place an order, you will receive an acknowledgement email confirming receipt of your order; this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
Pricing and Availability. Although we try to ensure that all details, descriptions, and prices that appear on this Website are accurate, errors may occur. If a product offered by Maverick itself is not as described, then your sole remedy is to return it in unused condition. If we discover an error in the price of any goods that you have ordered, then we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, then we will treat the order as cancelled; if you cancel and you have already paid for the goods, then you will receive a full refund.
Shipping Fees; Custom and Duty Fees. In addition to the price for the product, we charge a shipping fee; such additional charges are clearly displayed where applicable and included in the “Total Cost.” Furthermore, all customs and duty fees, and any applicable sales taxes, are your responsibility to pay. Shipping costs are non-refundable, which includes returns, package rejection upon arrival, and/or failure to pay duty fees.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction; your card will be debited upon authorization being received. The monies received upon the debiting of your card will be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit will be used as consideration for the value of goods you have purchased as listed in the confirmation email. The risk of loss and title for products pass to you upon our delivery to the carrier.
At our discretion, a refund may be issued. In this situation, Maverick does not take title to the refunded item.
The Website is controlled, operated, and administered by Maverick from its offices within the United States and is not intended to subject Maverick to the laws or jurisdiction of any state, country, or territory other than that of the United States. Although the Website may be accessed from countries around the world, Maverick makes no representation that the Website or Services are appropriate or available for use in any jurisdiction other than the United States. If you choose to access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for complying with all local statutes, orders, regulations, rules, and other laws.
You agree that any purchased goods licensed or sold on the Website, which may include software and technology, and all software that is contained on the Website (including all HTML code and controls), are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Website, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
Disclaimer of Liability
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MAVERICK ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAVERICK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MAVERICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT. MAVERICK DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, MAVERICK SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM MAVERICK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MAVERICK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
FURTHERMORE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Linking to this Website
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. This Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice in our sole discretion.
Maverick will have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of this Website.
Online Contact Form
MAVERICK BY LOGAN PAUL, LLC
2035 East Vista Bella Way,
Compton, CA 90220
For Questions or Concerns:
Official Challenger Car Sweepstakes Rules:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. YOU MUST BE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. YOU REPRESENT AND WARRANT THAT BEFORE SUBMITTING ANY ENTRY INTO THE SWEEPSTAKES, YOU HAVE REVIEWED AND ACCEPTED THESE OFFICIAL RULES IN THEIR ENTIRETY AND AGREED TO PARTICIPATE.
- The Logan Paul “Maverick Club Challenger Giveaway” Sweepstakes (the “Sweepstakes”) is intended for legal residents of the United States of America and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the USA at the time of entry.
- ELIGIBILITY: The Sweepstakes is open to legal U.S. residents residing in the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or the age of majority, whichever is older, in their respective states of permanent residence at the time of entry (the “Entrants”). Sponsor, Administrator, their respective affiliated entities, and each of their respective parent companies, employees, shareholders, officers, directors, members, managers, partners, joint venturers, subsidiaries, affiliates, distributors, sales representatives and advertising and promotional agencies, members of their immediate families (defined as including spouse, biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and each of their respective spouses, regardless of where they reside) or households (whether related or not) of any of the above, heirs, beneficiaries, trustees, and the respective successors and assigns of each of the foregoing (including, without limitation, Logan Paul, collectively, the “Released Parties”) are NOT eligible to participate in this Sweepstakes. Non-eligibility or non-compliance with any of these Official Rules will result in disqualification. Void in Puerto Rico, U.S. territories, and where prohibited or restricted by law. Void with respect to any person treated as an individual within the European Union or the European Economic Area for the purposes of the .General Data Protection Regulation 2016/679 (For the avoidance of doubt, any references in these Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)). Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes.
- AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
- TWO WAYS TO ENTER: The Sweepstakes begins at 12:00:01 p.m. Pacific Time (“PT”) on May 29th, 2020, 2020 and ends at 11:00:01 a.m. PT on August 20th, 2020 (“Sweepstakes Period”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes.
- Online Store Entry: Entrants who subscribe to the Maverick Club will each receive seven (7) entries in the Sweepstakes (each, an “Online Store Entry”). All online entries must be received by 11:59:59 p.m. PT on June 23, 2020. NOTE: “ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS PROMOTION IS STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES WITH THE INTENT TO RETURN THESE ITEMS AFTER THE PROMOTION. IF THE SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER SWEEPSTAKES OR PROMOTIONS OFFERED BY THE SPONSOR.”
- Mail-in: Entrants also have the option to obtain Sweepstakes entries via mail by legibly hand-printing, on a 3”x 5” card or paper, their full name, complete mailing address, phone number, and email address, and mailing the card in a #10 envelope (hand printed), with proper postage affixed, to: Logan Paul “Maverick Club Challenger Giveaway” Sweepstakes, O. Box 260334, Encino, CA 91426. Each valid mail-in entry receive will count as seven (7) Sweepstakes entries. You may submit as many postal entry requests as you wish, but each request must be mailed separately. All entries must be received by August 20th, 2020. Mail-in entry card and envelope must be hand printed by the Entrant only. In addition, Entrants are not permitted to use any 3rd party organization to assist with the entry process in any way (as determined by the Administrator). Each Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
- All required information must be provided to enter and to be eligible to win. Incomplete entries will be disqualified. Released Parties are not responsible for: late, incomplete, incorrect, delayed, garbled, undelivered, misdirected, postage-due entries or mail. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
- Each Entrant must be a natural person.
- Any incorrect or incomplete entry is void. Any attempt by any Entrant to obtain entries by using multiple/different identities, registrations or logins, or any other methods will void that Entrant’s entries and that Entrant will be disqualified from the Sweepstakes.
- Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including Sweepstakes entry services) will void all entries by such Entrant. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the Entrant. 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 submitted address. Potential winners may be required to show proof of being the authorized account holders.
- GENERAL CONDITIONS:
- If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
- CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- RELEASE AND LIMITATIONS OF LIABILITY:
- By participating in the Sweepstakes, Entrants agree to release, indemenify, hold harmless, defend and protect (with counsel selected by Released Parties), the Released Parties from and against any claim, action, loss, expense, or demand, including reasonable attorneys’ fees and court costs, arising out, in connection with, or in any way relating to, the Sweepstakes or receipt or use of any prize, including, but not limited to: (i) the subject matter of the Sweepstakes; (ii) any inability to submit a Sweepstakes entry; (iii) any defects or deficiencies in a Sweepstakes entry; (iii) the content or context of any Sweepstakes entry; (iv) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (v) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (vi) unauthorized human intervention in any part of the entry process or the Sweepstakes; (vii) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (viii) 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; (ix) use or redemption of any prize; (x) the process by which the Sweepstakes draws winning Entries, including the outcome of the Sweepstakes; (xi) the inability to redeem or use any prize, including, without limitation, due to Force Majeure (defined below), or (xii) the administration of the Sweepstakes.
- Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Entrant’s or any other person’s computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes.
- Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of actually entering in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
- WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND SPONSOR HEREBY DISCLAIMS ANY SUCH WARRANTIES. TO THE EXTENT THAT ANY PRIZE MAY BE SUBJECT TO MANUFACTURER WARRANTIES OF ANY KIND, NO ASSURANCE OR GUARANTY IS MADE THAT SUCH WARRANTIES ARE STILL VALID OR IN EFFECT.
- Each Entrant releases, and hereby agrees to indemnify, defend, protect, and hold harmless the Released Parties from any and all liability, including, without limitation, claims/actions based on publicity rights, defamation, and/or invasion of privacy, that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
- DRAWING AND NOTIFICATION: The Prize drawing will be conducted by the Administrator an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. The drawing will be conducted on or about September 2nd, 2020. Odds of winning the Prize will depend on the total number of eligible entries received during the Sweepstakes Period. The potential Winner will be notified by the Administrator via phone, email and/or USPS mail, or other home delivery service of Sponsor’s choice.
- GRAND PRIZE:
- There will be one (1) Prize awarded. The Prize Winner (“Winner”), upon the Administrator’s confirmation of eligibility, will receive a Logan Paul’s 2014 Dodge Challenger VIN:_______________ (the “Grand Prize” or “Prize”). There are no prizes under this Sweepstakes other than the Grand Prize. The approximate retail value of the Prize (the “ARV”) is $19,000.00 USD
- The Prize will be made available to the Winner within forty-five (45) days following the final drawing, contingent upon the Winner’s compliance with the conditions below (and full compliance with the terms of these Official Rules). Notwithstanding the foregoing, if the Winner is a resident of Florida, New York, Rhode Island, or any other state which may require registration or bonding of certain Sweepstakes, Sponsor and Administrator may, in their sole and absolute discretion, reduce the Prize so as to comply with the laws and regulations (including state attorney general opinions) of the state in which the Winner resides.
- The Winner is also responsible for vehicle registration, license, tax and insurance fees and for all costs associated with any upgrades, features, or option not provided with the Prize and any other expenses related to the acceptance and use of the Prize not specified herein. The Winner must take delivery of vehicle within fifteen (15) days of notice of availability from Administrator, or the Prize may be forfeited in Sponsor’s discretion. The Winner must have a valid U.S. driver’s license and proof of insurance to take delivery of vehicle. By accepting the Prize, the Winner expressly understands and agrees that operating a motor vehicle is an inherently dangerous activity that may expose the driver, passenger(s) and other persons to injury, dismemberment or even death. The Prize may differ from any vehicle shown in promotional materials for the Sweepstakes. the Winner will be responsible for all applicable taxes (not limited to federal, state, local and/or income) on the Prize and will be required to provide an individual tax ID (social security number) for the purpose of Sponsor’s filing of an IRS Form 1099 with the Internal Revenue Service for the value of the Prize. The Prize may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute the Prize with another prize of comparable or greater value if the intended Prize is not available for any reason as determined by the Sponsor in its sole discretion. In the event that the Winner is disqualified for any reason, the Prize will be forfeited and may be awarded to an alternate in the Sponsor’s sole discretion.
- PRIZE CONDITIONS:
- By accepting the Prize, the Winner agrees to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize. The potential Grand Winner must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. Note: The Affidavit sent will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes associated with the receipt of the Prize. The Winner must note that the value of their accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize and the Winner is solely responsible for all matters relating to the Prize after it is awarded. If a Prize or prize notification is returned as unclaimed or undeliverable to a potential Winner, if a potential Winner cannot be reached or does not comply with notification instructions within three (3) business days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected.
- By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide in all media without limitation at any time their full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
- By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded (each, a “Dispute”), shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys’ fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased 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 Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law the law of California.
- Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of serving California and Entrants, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. 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 provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
- EACH ENTRANT AGREES THAT SUCH ENTRANT MAY BRING CLAIMS HEREUNDER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
- By participating in this Sweepstakes, each Entrant agrees that any Dispute brought or initiated by you (without prejudice to Sponsor’s rights to equitable remedies, described below) will be resolved individually and exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. Notwithstanding the foregoing provisions relating to arbitration of Disputes, in the event of a breach of these Official Rules by you, Sponsor and Administrator will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies, without the necessity of posting bond or proof of actual damages. This right shall be cumulative with, and not exclusive of, any other remedies available in law or equity.
- SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. If any provision of the Official Rules is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein.
- MISCELLANEOUS: These Official Rules contain the full and complete understanding with respect to the Sweepstakes and supersede all prior and contemporaneous agreements, representations and understandings, whether oral or written. The headings herein are for convenience only, do not constitute a part of these Official Rules, and shall not be deemed to limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of these Official Rules shall be effective unless in writing and signed by both Sponsor and Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules shall not constitute a waiver of any other provision herein. The rights and obligations hereunder may not be assigned by Entrant, whether by operation of law or otherwise, without the prior written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be null and void. These Official Rules shall be binding upon, and inure to the benefit of, the permitted successors and assigns of Sponsor, Administrator, and Entrant.
- WINNER LIST REQUEST: To request confirmation of the name, city, and state of residence of the Winner, please send a self-addressed, stamped business size envelope, by September 30th, 2020, to: Logan Paul “Maverick Club Challenger Giveaway” Sweepstakes Winners List Request, O. Box 260334, Encino, CA 91426.
- CONSENT TO PHONE AND EMAIL CONTACT, NOTICE, AND RELATED MATTERS. Administrator and/or Sponsor may call or text you or authorize others to call or text you on Administrator’s or Sponsor’s behalf using any number you provide to Administrator for any purpose. This consent shall supersede your registration of such number on any state or federal “do not call” lists. You are responsible for charges for incoming text messages on your phone. You may however, opt out of calls marketing Administrator’s services by notifying Administrator and Sponsor of your request to not be contacted by phone for marketing purposes. You agree that Administrator and Sponsor may monitor or record your telephone conversations with such party (whether or not you initiate the call). Administrator and/or Sponsor may email you or authorize others to email you on such party’s behalf using any address you provide to Administrator for any purpose in connection with the Sweepstakes. You authorize Administrator and Sponsor to provide required notices to you on Administrator’s website, via email, or by any other communication permitted under applicable law.
Official Video Call Sweepstakes Rules:
This Sweepstakes (“Sweepstakes”) is sponsored by Maverick By Logan Paul, LLC (“MAVERICK”) and is open only to legal residents of the United States, excluding Rhode Island (“Eligibility Area”) and shall be construed according to, and governed exclusively by, U.S. law. You may not participate in the Sweepstakes unless you meet the eligibility requirements set forth below and are a legal resident physically located in the United States at the time of entry.
The Sweepstakes begins each week on or about Sunday at 12:00am and ends at 11:59pm on Friday (the “Sweepstakes Period”). You acknowledge that dates for such Sweepstakes Period are subject to change in MAVERICK’s sole discretion. At the end of the Sweepstakes Period, one (1) entrant will be notified as the Prize (as defined below) winners (collectively, “Winner(s)”), as set forth below. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules as follows:
NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Only legal residents of the Eligibility Area who are eighteen (18) years of age and older are eligible to enter.
Entries are captured through entries given via submission to MAVERICK as follows:
Entrants must sign up for the Maverick VIP Club by filling out the form that can be found at the following URL: Videocall.Maverickclothing.com (“Submission”).
MAVERICK is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, or postage-due entry submissions, which may be judged void. Entries by any method other than those set forth above are void. Limit one (1) entry per person and/or household and/or wireless phone number, regardless of the method of entry. Proof of entry, regardless of method of entry, is not considered proof of delivery to or receipt by MAVERICK of an entry for this Sweepstakes. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to MAVERICK’s satisfaction, the affected entry will be deemed ineligible.
WINNER SELECTION AND NOTIFICATION
The Winner will be selected by MAVERICK [at random OR in its good faith opinion] on Saturday of each week (“Sweepstakes Period”). At the end of the Sweepstakes Period, the Winner from all eligible entries received during the Sweepstakes Period will be notified. The potential Winner will be notified via SMS text message, data and messaging rates apply, using contact information provided or collected with Sweepstakes entry. MAVERICK shall have no liability for any Winner notification that is lost, intercepted or not received by a potential Winner for any reason. If, despite reasonable efforts, a potential Winner does not respond within twelve (12) hours of the first notification attempt, or if the Prize or prize notification is returned as unclaimed or undeliverable to such potential Winner, such potential Winner will forfeit his or her Prize and an alternate Winner may be selected. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the Prize for any reason prior to award, such potential Winner will be disqualified and an alternate Winner may be selected.
DESCRIPTION OF PRIZE / ODDS
PRIZE: The Winner will receive a personal Facetime call from Logan Paul.
The odds of winning the Prize depends on the number of eligible entries received.
GENERAL PRIZE CONDITIONS
Prizes will be awarded only if the potential Winner fully complies with these Official Rules. Prizes are nonassignable and nontransferable. All details and other restrictions of prizes not specified in these Official Rules will be determined by MAVERICK in their sole discretion. No cash alternative or substitution will be allowed, except MAVERICK reserves the right in their sole discretion to substitute prize(s) of comparable value if the Prize is unavailable, in whole or in part, for any reason. EACH WINNER SHALL BE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND/OR LOCAL TAXES, AND THE REPORTING CONSEQUENCES THEREOF, AND FOR ANY OTHER FEES OR COSTS (INCLUDING INSURANCE) ASSOCIATED WITH THE APPLICABLE PRIZE. Potential Winners may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND MAVERICK HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT AND/OR THE APPROXIMATE VALUE OF ANY PRIZE.
GENERAL LIABILITY RELEASE/FORCE MAJEURE
Acceptance of the Prize constitutes Winner’s permission for MAVERICK to use Winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state). By participating or accepting the Prize, Winner hereby releases, discharges and covenants not to sue MAVERICK, and any of their affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities (collectively, “Released Parties”), in respect of any and all claims, damages, charges, injuries, losses, proceedings, suits, actions (including, but not limited to, tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, loss of consortium claims, etc.), expenses and attorney fees (“Claims”) that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Sweepstakes, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties (including use of the Prize). Winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorney fees, that Winner or anyone on Winner’s behalf (including, but not limited to, Winner’s heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage, arising out of, involving or relating to Winner’s participation in the Sweepstakes, use of the Prizes, or for Winner’s failure to comply with the terms hereof. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties. Released Parties assume no responsibility for any damage to a Winner’s or any other person’s computer system or wireless phone which is occasioned by participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Released Parties are not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. MAVERICK reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and MAVERICK reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. MAVERICK reserves the right to modify, extend, suspend or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond MAVERICK’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event MAVERICK is prevented from awarding prizes or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within MAVERICK’s control (each a “Force Majeure” event or occurrence), then MAVERICK shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before its designated end date, MAVERICK will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of MAVERICK. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THERIGHTS AND OBLIGATIONS OF ENTRANTS OR MAVERICK IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY.
By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, MAVERICK relating to, arising out of or connected in any way with (i) the Sweepstakes, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration administered by JAMS (the “Forum”) and conducted before a sole arbitrator pursuant to JAMS Streamlined Arbitration Rules. The arbitration shall be held in Los Angeles County, California. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable participant may have entered into in connection with the Sweepstakes. There shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the participant’s and/or MAVERICK’s individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The arbitrator shall not have the power to award punitive damages against the participant or MAVERICK. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.