Terms & Conditions
SURPRISE MALIBU HOLIDAY GIVEAWAY
The following promotion is intended for the contiguous 48 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the contiguous 48 United States or D.C., 18 years or older.
SURPRISE MALIBU HOLIDAY GIVEAWAY
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE CONTIGUOUS 48 UNITED STATES AND D.C., 18 YEARS OF AGE OR OLDER AND LEGAL AGE OF MAJORITY. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED.
1. How to Enter: Beginning at 1:00 p.m. Eastern Time (“ET”) on December 20, 2023 until 12:00 p.m. ET on December 22, 2023 (the “Promotion Period”), you may enter the Surprise Malibu Holiday Giveaway (the “Promotion”). Entrants may enter the Promotion by: (i) visiting the Malibu official Instagram page (https://www.instagram.com/malibuboats/) (the “Contest Page”), and following the instructions listed on the giveaway post (the “Contest Form”), electing to enter the Promotion. Incorrect and incomplete entries are void. These official rules are also available on the Malibu Boats website (www.malibuboats.com/christmas-giveaway-2023) (the “Rules Page”).
Limit of one (1) entry per eligible person during the Promotion Period. For purposes of this Sweepstakes, a “day” begins at 12:00 a.m. ET and ends at 11:59 p.m. ET unless specified otherwise. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry per day by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. 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.
2. Eligibility: This Promotion is open only to legal residents of the contiguous 48 United States and D.C. who are 18 years of age or older and legal age of majority in applicable jurisdiction as of the Promotion start date. Void in Alaska, Hawaii and where prohibited. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible.
4. Limitations of Liability: Malibu Boats, LLC (“Sponsor”), other participating sponsors and Ritway, Inc. (collectively with Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other computer relating to or resulting from participation in this Promotion; inability to access the Contest Page, Contest Form, the Rules Page or Facebook; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. By entering, you agree to release, discharge, indemnify and hold harmless the Promotion Entities, Facebook, Inc. and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with your entry in the Promotion and/or your receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death and bodily injury) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses and custom boat design on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
5. How Winner will be Determined: Winners will be selected at random from among all eligible entries on approximately December 22, 2023, and will be contacted via Direct Message from the official Malibu Instagram account on or about December 23, 2023.
6. Sponsor’s decisions with respect to winners, these Official Rules, and all other matters pertaining to the Promotion shall be final and binding. If Sponsor is unable to contact the prospective winner within three (3) days from first notification attempt, if the prospective winner fails to complete and return all requested forms by the specified date, or if the prospective winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner may be selected in Sponsor’s sole discretion. The odds of winning depend upon the number of eligible entries received.
7. Conditions of Entry: Entry materials that have been tampered with or altered are void. If in the Sponsor’s opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify, suspend, or terminate the Promotion, or to conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Rules Page. In the event of a dispute as to the identity of the winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE RULES PAGE, CONTEST PAGE, OR CONTEST FORM, OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
8. Prize: One (1) Winner shall receive the following (the “Grand Prize”): One (1) Malibu Sweatshirt Blanket, Two (2) Malibu Branded Beanies, and Two (2) Malibu Branded Pairs of Socks. Approximate retail value (“ARV”) of the Grand Prize: $145.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective winner. All federal, state and local taxes on prizes are the prize winner’s responsibility. Winner will be issued a 1099 tax form for the actual value of the respective prize.
Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize, or portions thereof, with a prize of equal or greater value.
Sponsor makes no warranties, representations or guarantees, expressed or implied, respecting the performance or use of the Grand Prize and expressly disclaims the warranties of quality, merchantability and fitness for a particular purpose. The Grand Prize has no warranty or guaranty, either express or implied, except the manufacturer’s written warranty, if any, provided for the Grand Prize.
8. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Tennessee. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
9. Winner List: Beginning on or about January 1, 2024 you may obtain the name of the winners by going to the Rules Page.
10. Sponsor: Malibu Boats, LLC, 5075 Kimberly Way, Loudon, Tennessee 37774.
This Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook. You are providing information to Sponsor and not to Facebook.
11. Administrator: Malibu Boats, LLC, 5075 Kimberly Way, Loudon, Tennessee 37774.