1. Dates of Sweepstakes. Sweepstakes begins at 12:00:01am Central Time (“CT”) on January 1, 2024, and ends at 11:59:59pm CT on January 31, 2024 (the “Sweepstakes Period”).
2. Eligibility. Sweepstakes is open only to legal residents of the United States (excluding residents of New York, Florida, Alaska, and Hawaii) and the District of Columbia, who are at least the age of majority in their state of residence (which is nineteen (19) in Alabama, nineteen (19) in Nebraska, and eighteen (18) in all other states) as of the date of entry (the “Entrant”). Void outside of such locations, and where prohibited or restricted by law. Officers, directors, managers, and employees of Barbell Apparel, LLC (the “Sponsor”) and Coulter Ventures, LLC, d/b/a Rogue Fitness, as well as their immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes (collectively the “Sweepstakes Entities”) are not eligible to participate. “Immediate family member” shall be deemed to mean husband, wife, children, mother, father, sister, sister in-law, brother or brother in-law. Sweepstakes may only be entered in or from the eligible locations and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.
3. How to Enter. There are two ways to enter:
Purchase. Entrants making a purchase (of any amount) at a Barbell Apparel retail location or online at www.barbellapparel.com during the Sweepstakes Period will receive one (1) entry into the Sweepstakes for each full dollar spent. For in-store purchases, Entrant will be required to provide Entrant’s first name, last name, street address, city, state, zip, phone number and email address. For online purchases, Entrant may be prompted to complete the entry form in its entirety to include first name, last name, street address, city, state, zip, phone number and email address and click “Continue.” If prompted, entry form must be completed in order to be eligible to win. Such information must be provided by 11:59:59pm PT on January 31, 2024. Purchase of Barbell Apparel products through third-party retailers does not entitle Entrant to an entry into the Sweepstakes.
- Write-In. On a postcard or a card that is no smaller than 3 ½ x 5 inches and no larger than 4 ¼ x 6 inches, legibly handwrite your complete first and last name, mailing address (including city, states, zip), phone number, email, and date of birth and mail with proper postage to: Barbell Apparel, ATTN: Home Gym Giveaway Entry, 1001 S. Loop 289, Ste. 120, Lubbock, TX 79423. All write-in entries must be postmarked by January 31, 2024, and received by February 7, 2024. There is a limit of one (1) write-in entry per envelope/postcard. Each envelope/postcard is considered one (1) entry into the Sweepstakes. Multiple entries submitted or completed by anyone other than the Entrant are void. No mechanical reproductions will be accepted. Write-in entries must contain all entry fields outlined above; otherwise, they are void and will not be eligible to win.
Regardless of the entry method used to enter the Sweepstakes, there is a limit of one thousand (1,000) entries per Entrant for the entire Sweepstakes Period. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified from the Sweepstakes. Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, entry will be declared made by the registered name and address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner.
Sponsor is not responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. Drawing/Odds. On or about February 9, 2024, a winner will be selected in a random drawing from all eligible entries received by the Sponsor. Odds of winning depend on the number of eligible entries received for the Sweepstakes. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes. To be eligible to receive a prize, Entrant must have an address on file with the Sponsor or have provided an address when prompted at the time of entry. In the event that an Entrant has an incomplete address, the Entrant will be disqualified and an alternate winner will be selected in a random drawing.
5. Prize Details. One prize will be awarded, consisting of selected Rogue Fitness home gym equipment (approximate retail value $10,000.00) (the “Home Gym”) and a $5,000.00 promotional merchandise credit to Barbell Apparel (the “Merchandise Credit”) (collectively, the “Prize). The total approximate retail value of the Prize is $15,000.00.
6. Prize Restrictions. All prizes are non-transferable and non-assignable. No substitutions or cash redemption shall be permitted, except Sponsor may substitute a prize of equal or greater value if featured Prize becomes unavailable. Sponsor will not replace any lost or stolen prizes. All items included in the Home Gym shall be selected by Sponsor and Sponsor does not guarantee that any particular piece of equipment will be included in the Home Gym. Winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. No prize other than set forth herein will be awarded. Winner consents to the use of his/her name, likeness, biographical information, and voice in advertising worldwide without additional compensation (TN residents will not be required to sign a Publicity Release as a condition of winning).
7. Notifications/Claims. The potential winner will be notified by Sponsor by email and/or phone on or about February 9, 2024 (the “Notification”). Winners must respond to Notification within 5 business days of the date of Notification. In the event the potential winner fails to respond to the Notification within 5 business days or if it is determined by Sponsor, in its sole discretion, that a potential winner is not eligible in accordance with these Official Rules, an alternate winner will be selected at random from among the remaining non-winning eligible entries received during the Sweepstakes Period. The winner will be required to sign and return (except where prohibited) an Affidavit of Eligibility and Liability/Publicity Release and a W-9 tax form (the “Paperwork”) within ten (10) days of the Notification. If winner is considered a minor in his/her jurisdiction of residence (but must be over the age of 18), the Paperwork must be completed and signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. After verification of the Affidavit, the Home Gym will be shipped within 4 weeks from receipt of the signed Paperwork via the shipping method chosen by Sponsor and the Merchandise Credit will be delivered electronically. Potential winner must return the Paperwork within the date and time indicated in the Notification. If a potential winner fails to return the Paperwork within the date and time indicated in the Notification, or is found to be ineligible, or if he/she does not comply with the Official Rules, such potential winner will be disqualified and another potential winner will be selected from the remaining eligible entries received. If the Notification is returned as undeliverable, this will result in disqualification and an alternate winner will be selected from all remaining eligible entries.
The value associated with the Prize is taxable as income and the winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the Prize. The Sponsor must report the value of the Prize to the Internal Revenue Service in the year the Prize is received by the winner and will be reported to the winner and the Internal Revenue Service in the form of a Form 1099.
No compensation will be provided for any prizes that are not able to be awarded to a prize winner.
8. Conditions. This Sweepstakes is conducted in English. In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and any abbreviated rules or other statements contained in any Sweepstakes-related materials, including, but not limited to any point of sale, television, print or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. All federal, state and local taxes are the sole responsibility of the prize winners. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules and verify eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants release the Sponsor and each and all of the Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of the Sweepstakes or this Sweepstakes, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Sweepstakes. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award prizes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR’S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
9. No Liability. By participating, Entrants and prize winners agree to release, discharge, indemnify and hold harmless the Sponsor, the Sweepstakes Entities, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by any Entrant, prize winner, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion related activity or participation in this Sweepstakes.
11. Disputes. This Sweepstakes, these Official Rules, and any and all disputes related thereto will be governed by the laws of the State of Texas. As a condition of entry into the Sweepstakes, Entrant agrees that any dispute which cannot be resolved between Sponsor and Entrant shall be resolved exclusively by the Courts of Lubbock County, Texas. Entrant waives any and all rights to assert any class action claims. Entrant further waives all rights to punitive, incidental, or consequential damages, and all rights to have damages multiplied or increased.
12. Winner List. Winner List requests will only be accepted after February 9, 2024, and no later than August 9, 2024. For the Winner List, send a written request to Barbell Apparel, ATTN: Home Gym Giveaway Winner List, 1001 S. Loop 289, Ste. 120, Lubbock, TX 79423.