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Terms & Conditions

TERMS & CONDITIONS

 

The Ace Collection and its affiliates (“Company,” “Ace Family,” “we” or “us”) own and operate The ACE Family YouTube™ Channel, together with the website, www.shopacefamily.com, Facebook, Instagram and Snapchat accounts (hereinafter, collectively the “Website”).  Access to and use of the Website, its features and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Use”).

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

By accessing or using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time, as well as our Privacy Policy, as it may be updated by us from time to time. Please read each of them carefully.  You should check these Terms of Use and our Privacy Policy regularly to take notice of any changes we may have made. Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Services.

Access and Use

Subject to your compliance with these Terms of Use, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services.  Access to and use of the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.  All rights not expressly granted to you in these Terms of Use are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers.

You may use the Services only as permitted by law. The licenses granted by the Company terminate immediately and automatically if you do not comply with these Terms of Use.  We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

 

ACE FAMILY CLUB MEMBERSHIP

The Ace Family Club is our monthly membership.  By joining the Ace Family Club and becoming a Member, you will receive discounts on all full-priced items, access to exclusive curated content by the Ace Family and/or special guests, access to exclusive Limited Edition items, Giveaways, and More. Ace Family Club Members receive free shipping (except on “final sale” items which are not eligible for returns and exchanges). Ace Family 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 ACE FAMILY CLUB AND CANCELING YOUR

CLUB MEMBERSHIP

It’s easy to become an Ace Family Club Member, add the Ace Family Club membership to your shopping cart.  Once you purchase the Ace Family Club Membership you will receive a welcome email with login credentials.  By ordering the Ace Family Club Membership, it enrolls you in the paid membership program. You will be charged $20.16 today and then again every 30 days until you cancel.  You can log into your Club membership portal to cancel or can cancel your membership at any time by emailing: membership@shopacefamily.com (Available Monday-Friday from 9am-5pm PST).  If you cancel your Club membership and have purchased items inside the Club portal, you will be charged the full price for all items purchased and will also be charged applicable shipping fees.   Registration data and certain other information about you are governed by our Privacy Policy.

This Website may contain links to other websites that are not operated by the Ace Family (the “Linked Sites”).  The Ace Family has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.  Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

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.

If you post any User Content, and unless we indicate otherwise, then you grant the Company a non-exclusive, fully paid, royalty-free, perpetual, irrevocable, and fully sublicensable and transferable right and license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use, or otherwise exploit all or any portion of the User Content, as well as your name, persona, and likeness included in any User Content and your social media account handle, username, real name, profile picture, and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media, or technology, whether now known or later developed, including, without limitation, in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales, or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to: (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms of Use; or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content.  The Company will be free to use any ideas, concepts, know-how, or techniques contained in such User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

By submitting or posting User Content, you represent and warrant that: (i) you own or otherwise control all of the rights to the User Content that you post; (ii) the User Content is accurate; (iii) use of the User Content does not violate these Terms of Use and will not cause injury to any person or entity; and you will indemnify the Company for all claims resulting from content you supply.  The Company reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Prohibitions

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 the Website. Breaching this provision could constitute a criminal offense and the Company 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 the Company and/or the Ace Family without our express written consent. You may not use any meta tags or any other “hidden text” utilizing the Ace Family’s name or trademarks without the Company’s express written consent. 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 the Company 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 the Company 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 the Company in the United States and other countries.  The Company’s trademarks and trade dress may not be used in connection with any product or service that is not an Ace Family product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company and/or the Ace Family. All other trademarks not owned by the Company 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 the Company.  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 the Company and/or the Ace Family, 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 the Company.

All intellectual property rights are reserved by the Company, the Ace Family and their respective 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.

Copyright Policy – 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

The Ace Collection

514 Commerce Avenue, Suite D

Palmdale, California 93551

Email: info@shopacefamily.com

 

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, the Company 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 THE COMPANY 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.

Repeat Infringers

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 Company 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 the Company, you must be at least eighteen (18) years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Company 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 the Company or may in some cases be a third party. Where a contract is made with a third party, the Company is not acting as either agent or principal and the contract is made between you 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. The Company 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.

  1. 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.
  2. 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 the Company 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.
  3. 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
  4. Authorization Check. 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.
  5.  Discretionary Refunds. At our discretion, a refund may be issued. In such situations, the Company does not take title to the refunded item.

 

Electronic Communications

Unless you notify us otherwise in accordance with our Privacy Policy, you consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Website or through any other Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

International Users

The Website is controlled, operated, and administered by the Company from its offices within the United States and is not intended to subject the Company 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, the Company 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.

Export Policy

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 THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING, THE COMPANY 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, THE COMPANY 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. THE COMPANY 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, THE COMPANY’S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM OR BY THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY 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 EXPRESSLY SPECIFIED IN WRITING.

FURTHER, THE COMPANY 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.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. TO THE EXTENT PROHIBITED BY LAW, THE FOREGOING SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, OR ANY MATERIALS THEREIN, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF THE COMPANY’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND THE COMPANY. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

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.

Indemnity

You agree to indemnify, defend, and hold harmless the Ace Family, the Company and their respective managers, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees and court costs) arising from, related to, or in connection with your use of this Website or your breach of the Terms of Use.

Variation

The Company will have the unfettered right in its sole and absolute discretion to amend, remove, or vary the Services and/or any page of this Website, at any time and without notice.

Invalidity

If any part of the Terms of Use is unenforceable (including any provision or portion of a provision in which we exclude our liability to you), then the enforceability of any other part of the Terms of Use (including portions of provisions) will not be affected and all other clauses will remain in full force and effect. So far as possible, where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause/sub-clause will be interpreted accordingly. Alternatively, you agree that the clause/sub-clause will be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Waiver

Our failure to exercise or enforce, our partial exercise or enforcement of, or our delay in exercising or enforcing any right or remedy under these Terms of Use shall not operate as a waiver or estoppel of any right or remedy.

Disputes

These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. By using any Services, you agree that any dispute relating in any way to these Terms of Use, your visit to the Website, or to any purchase, return, or other transaction with the Website will be submitted to confidential arbitration in Los Angeles, California. However, if you have in any manner violated or threatened to violate any intellectual property rights of the Company and/or the Ace Family, the Company and/or the Ace Family may seek injunctive or other appropriate relief in any state or federal court in Los Angeles, California. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms of Use shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any claim or cause of action you may have with respect to the Company, the Website, or the Services must be commenced within one year after the claim or cause of action arose. To the full extent permitted by applicable law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Entire Agreement

These Terms of Use, including policies and information linked from or incorporated herein, such as our Privacy Policy, constitute the entire agreement between you and the Company and supersede any and all preceding and contemporaneous agreements between you and the Company. No provision of these Terms of Use shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. If any provision of these Terms of Use is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms of Use without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

To contact us with any questions or concerns in connection with these Terms of Use or the Website, please contact us through our online contact form or at our mailing address:

 

Online Contact Form

Mailing Address:

The Ace Collection

514 Commerce Avenue, Suite D

Palmdale, California 93551

For Questions or Concerns:

Email: info@shopacefamily.com

 

Official Sweepstakes PROMOTION Rules

This Sweepstakes (“Sweepstakes”) is sponsored by The Ace Collection and its affiliates (“Company,” “Ace Family,” “we” or “us”), and is open only to legal residents of the fifty United States and the District of Columbia, excluding Puerto Rico and all United States’ Territories and Possessions (“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.

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PAYMENT OR PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. ODDS OF WINNING DEPEND ON NUMBER OF ELIGIBLE ENTRIES RECEIVED.

THESE OFFICIAL RULES ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND THE COMPANY THAT GOVERN ENTRY INTO THE SWEEPSTAKES.  BY PARTICIPATING IN THE SWEEPSTAKES, YOU AGREE TO ABIDE BY THESE OFFICIAL RULES. FAILURE TO COMPLY WITH THESE TERMS WILL VOID YOUR ENTRY.

 

ACE FAMILY JEEP SWEEPSTAKES DESCRIPTION

The Sweepstakes begin on July 1, 2020 at 4:00 p.m. PST and end on July 31, 2020 at 11:59 p.m. PST (the “Sweepstakes Period”).  You acknowledge that dates of the Sweepstakes Period are subject to change in the Company’s sole discretion, and that the Company is the official timekeeper of the Sweepstakes Period.  At the end of the Sweepstakes Period, one (1) entrant will be notified as the Prize (as defined below) winner, as set forth below. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules (the “Official Rules”) as follows:

 

ELIGIBILITY

This Promotion is open to any legal resident of the fifty (50) United States and the District of Columbia, excluding the residents of Rhode Island, Puerto Rico and all United States’ Territories and Possessions, who is at least eighteen (18) years of age as of the commencement of the Sweepstakes Period.

 

NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

All applicable federal, state, territorial and local rules apply.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Company’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a Prize is contingent upon fulfilling all requirements set forth herein. By participating in this Promotion, each entrant accepts and agrees to these Official Rules as well as the Company’s decisions, all of which are final and binding. The Company reserves the right to disqualify any entrant if the Company determines that the entrant’s participation in the Sweepstakes or receipt of the Prize would violate local law. Entrants may be required to submit proof of their eligibility.

 

HOW TO ENTER

Entries are captured through entries given via submission to the Company as follows:

All paying subscribers are automatically entered into the giveaway. Non-paying subscribers can enter by mailing a postcard to: Ace Club Giveaway, 514 Commerce Ave Suite D, Palmdale Ca 93551. Postcard must include the Giveaway name, Entrants name, address and phone number. Postcards must be received by the last day of the giveaway.

The Company is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, or postage-due entry submissions, which may be deemed void.  Entries by any method other than those expressly 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 the Company 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 the Company’s reasonable satisfaction, the affected entry will be deemed ineligible.

 

WINNER SELECTION AND NOTIFICATION

The Company will select one (1) potential winner from all eligible entries received during the Sweepstakes Period, at random, following the conclusion of the Sweepstakes Period on August 5, 2020.   The winner will be notified on August 6, 2020.  The potential winner will be notified via SMS text message and/or email (data and messaging rates apply), using contact information provided or collected with the Sweepstakes entry. The Company shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason.  If, despite reasonable efforts, the potential winner does not respond within twelve (12) hours of the first notification attempt, or if the Prize (as defined below) or prize notification is returned as unclaimed or undeliverable to the potential winner, the 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.

 

AFFIDAVIT OF ELIGIBILITY / TAX FORMS

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.

The potential winner may be required to fully complete, sign and return within forty-eight (48) hours an affidavit of eligibility, release of liability, and publicity release (collectively, an “Affidavit of Eligibility”) following the time of first attempted notification, except where prohibited by applicable law, as well as any additional required information, releases or responses, and/or W-9 Forms of the IRS (if required by IRS regulations) or other tax forms prior to the delivery of any Prize.  If a potential winner cannot be contacted; fails to respond within twelve (12) hours of the first notification attempt; fails or refuses to timely fully complete, sign and return the Affidavit of Eligibility; fails to provide any requested information within the required time period; or the Prize or notification is returned as undeliverable, the potential winner forfeits the Prize, except where prohibited by applicable law. If for any reason the potential winner is disqualified, found to be eligible, or does not comply with the Official Rules, then the potential winner may be disqualified, and the Prize may be awarded to an alternate winner, selected by random drawing from among remaining eligible entries, even if the disqualified potential winner may have been publicly announced.  Only two (2) alternate drawings will be held, after which the Prize will remain un-awarded. Failure to comply with any term or condition in these Official Rules may result in disqualification at the Company’s sole discretion. Potential winner(s) may waive their right to receive a Prize, in which case an alternate winner may be selected in the manner described above

 

DESCRIPTION OF PRIZE / RANDOM DRAWING / ODDS OF WINNING

Prize: The winner will receive The Ace Family Jeep.

Vehicle Prize Conditions: The Prize and the redemption thereof are subject to terms and conditions specified by the Company. The Prize is to be provided on an “as is” basis without any representations and warranties whatsoever.  The Company does not represent or warrant that the vehicle adheres to or is in compliance with any applicable state or federal safety, environmental and/or other standards and requirements in order for the vehicle to be legally operational or certified for use on public roadways. It is the sole responsibility of the winner to evaluate the vehicle and ensure that it satisfies all applicable standards and legal requirements for its intended use and operation.

Odds: The odds of winning the Prize depends on the number of eligible entries received.

GENERAL PRIZE CONDITIONS

The Prize cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other competition or offer. The Company reserves the right, in its sole discretion, to substitute and/or modify the Prize with a prize of comparable or greater retail value, at its sole discretion. Only one (1) Prize is permitted per person and per family or household.  The Company is responsible only for Prize delivery; not responsible for Prize utility, quality or otherwise. All Prize details are at Sponsor’s sole discretion.  If required, any applicable forms will be filed with the appropriate taxing authority.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE COMPANY 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.

Grant of Publicity

By participating in this Sweepstakes, you agree to permit the Company and its agents and designees to use your name, account handle, entry, city and state/hometown address, voice, statement, image and/or other likeness (“Name and Likeness”) for advertising, publicity and promotional purposes (and for posting a winner’s list online), in any manner, in any and all media, now or hereafter developed, including, but not limited to, on the Company’s website and social media pages, in perpetuity, worldwide without further consideration (unless prohibited by law) or permission from, or notification to, you, and you further agree to execute any specific consent needed or requested by the Company or its designees in furtherance of such use.

GENERAL LIABILITY RELEASE / FORCE MAJEURE

Acceptance of the Prize constitutes the winner’s permission for the Company to use the winner’s Name and Likeness.  By participating in the Sweepstakes or accepting the Prize, the winner hereby releases, discharges and covenants not to sue the Company, and any of its affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities, including but not limited all members of the Ace Family (collectively, “Released Parties”), with respect to 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 attorneys’ fees (“Claims”) that the winner or anyone on the winner’s behalf (including, but not limited to, the 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 the 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).

The winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorneys’ fees, that the winner or anyone on the winner’s behalf (including, but not limited to, the 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 the winner’s  participation in the Sweepstakes, use of the Prize, or for the 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 (including gross negligence) of the Released Parties.  The Released Parties assume no responsibility for any damage to the 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, the 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.

The Company 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.  The Company further 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.  The Company 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 the Company’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 that the Company 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, pandemic 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., COVID-19), order of any court or jurisdiction, or other cause not reasonably within the Company’s control (each a “Force Majeure” event or occurrence), then the Company shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes are terminated before its designated end date, the Company will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Any 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 the Company’s duly authorized representative. 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.

Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Sweepstakes, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Company related to the Sweepstakes. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.  Information collected from entrants is subject to the Privacy Policy set forth at https://shopacefamily.com/pages/privacy-policy.

 

GOVERNING LAW / JURISDICTION

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THERIGHTS AND OBLIGATIONS OF ENTRANTS OR THE COMPANY 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.

 

ARBITRATION PROVISION

By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against the Company 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 the Company’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 the Company. 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.

 

OFFICIAL VIDEO CALL SWEEPSTAKES DESCRIPTION

The Sweepstakes begin each week on or about Sunday at 12:00 a.m. PST and ends on Friday at 11:59 p.m. PST (the “Sweepstakes Period”).  You acknowledge that dates of the Sweepstakes Period are subject to change in the Company’s sole discretion, and that the Company is the official timekeeper of the Sweepstakes Period.  At the end of the Sweepstakes Period, one (1) entrant will be notified as the Prize (as defined below) winner, as set forth below. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules (the “Official Rules”) as follows:

 

ELIGIBILITY

This Promotion is open to any legal residents of the Eligibility Area, who is at least eighteen (18) years of age as of the commencement of the Sweepstakes Period.

 

NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO ENTER THE SWEEPSTAKES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

All applicable federal, state, territorial and local rules apply.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules and the Company’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a Prize is contingent upon fulfilling all requirements set forth herein. By participating in this Promotion, each entrant accepts and agrees to these Official Rules as well as the Company’s decisions, all of which are final and binding. The Company reserves the right to disqualify any entrant if the Company determines that the entrant’s participation in the Sweepstakes or receipt of the Prize would violate local law. Entrants may be required to submit proof of their eligibility.

 

HOW TO ENTER

Entries are captured through entries given via submission to the Company as follows:

All paying subscribers are automatically entered into the giveaway. Non-paying subscribers can enter by mailing a postcard to: Ace Club Giveaway, 514 Commerce Ave Suite D, Palmdale Ca 93551. Postcard must include the Giveaway name, Entrants name, address and phone number. Postcards must be received by the last day of the giveaway.

The Company is not responsible for incomplete, illegible, misdirected, late, lost, damaged, stolen, or postage-due entry submissions, which may be deemed void.  Entries by any method other than those expressly 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 the Company 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 the Company’s reasonable satisfaction, the affected entry will be deemed ineligible.

 

WINNER SELECTION AND NOTIFICATION

The Company will select one (1) potential winner from all eligible entries received during the Sweepstakes Period, at random, following the conclusion of the Sweepstakes Period on Saturday of each week.   The winner will be notified on Saturday of each week.  The potential winner will be notified via SMS text message and/or email (data and messaging rates apply), using contact information provided or collected with the Sweepstakes entry. The Company shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason.  If, despite reasonable efforts, the potential winner does not respond within twelve (12) hours of the first notification attempt, or if the Prize (as defined below) or prize notification is returned as unclaimed or undeliverable to the potential winner, the 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.

AFFIDAVIT OF ELIGIBILITY / TAX FORMS

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.

The potential winner may be required to fully complete, sign and return within forty-eight (48) hours an affidavit of eligibility, release of liability, and publicity release (collectively, an “Affidavit of Eligibility”) following the time of first attempted notification, except where prohibited by applicable law, as well as any additional required information, releases or responses, and/or W-9 Forms of the IRS (if required by IRS regulations) or other tax forms prior to the delivery of any Prize.  If a potential winner cannot be contacted; fails to respond within twelve (12) hours of the first notification attempt; fails or refuses to timely fully complete, sign and return the Affidavit of Eligibility; fails to provide any requested information within the required time period; or the Prize or notification is returned as undeliverable, the potential winner forfeits the Prize, except where prohibited by applicable law. If for any reason the potential winner is disqualified, found to be eligible, or does not comply with the Official Rules, then the potential winner may be disqualified, and the Prize may be awarded to an alternate winner, selected by random drawing from among remaining eligible entries, even if the disqualified potential winner may have been publicly announced.  Only two (2) alternate drawings will be held, after which the Prize will remain un-awarded. Failure to comply with any term or condition in these Official Rules may result in disqualification at the Company’s sole discretion. Potential winner(s) may waive their right to receive a Prize, in which case an alternate winner may be selected in the manner described above

DESCRIPTION OF PRIZE / RANDOM DRAWING / ODDS OF WINNING

Prize: The winner will receive a personal video call from The Ace Family.

Odds: The odds of winning the Prize depends on the number of eligible entries received.

GENERAL PRIZE CONDITIONS

The Prize cannot be transferred, substituted or redeemed for cash, or used in conjunction with any other competition or offer. The Company reserves the right, in its sole discretion, to substitute and/or modify the Prize with a prize of comparable or greater retail value, at its sole discretion. Only one (1) Prize is permitted per person and per family or household.  The Company is responsible only for Prize delivery; not responsible for Prize utility, quality or otherwise. All Prize details are at Sponsor’s sole discretion.  If required, any applicable forms will be filed with the appropriate taxing authority.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE COMPANY 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.

Grant of Publicity

By participating in this Sweepstakes, you agree to permit the Company and its agents and designees to use your name, account handle, entry, city and state/hometown address, voice, statement, image and/or other likeness (“Name and Likeness”) for advertising, publicity and promotional purposes (and for posting a winner’s list online), in any manner, in any and all media, now or hereafter developed, including, but not limited to, on the Company’s website and social media pages, in perpetuity, worldwide without further consideration (unless prohibited by law) or permission from, or notification to, you, and you further agree to execute any specific consent needed or requested by the Company or its designees in furtherance of such use.

GENERAL LIABILITY RELEASE / FORCE MAJEURE

Acceptance of the Prize constitutes the winner’s permission for the Company to use the winner’s Name and Likeness.  By participating in the Sweepstakes or accepting the Prize, the winner hereby releases, discharges and covenants not to sue the Company, and any of its affiliates, subsidiaries, predecessors, successors in interest, assigns, officers, directors, shareholders, employees and agents, past and present, in any and all capacities, including but not limited all members of the Ace Family (collectively, “Released Parties”), with respect to 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 attorneys’ fees (“Claims”) that the winner or anyone on the winner’s behalf (including, but not limited to, the 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 the 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).

The winner further agrees to indemnify, hold harmless and defend the Released Parties in any action or proceeding from and against all Claims, expenses and attorneys’ fees, that the winner or anyone on the winner’s behalf (including, but not limited to, the 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 the winner’s  participation in the Sweepstakes, use of the Prize, or for the 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 (including gross negligence) of the Released Parties.  The Released Parties assume no responsibility for any damage to the 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, the 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.

The Company 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.  The Company further 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.  The Company 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 the Company’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 that the Company 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, pandemic 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., COVID-19), order of any court or jurisdiction, or other cause not reasonably within the Company’s control (each a “Force Majeure” event or occurrence), then the Company shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes are terminated before its designated end date, the Company will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Any 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 the Company’s duly authorized representative. 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.

Except where prohibited, entrant agrees that: (1) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering this Sweepstakes, and in no event will entrant be entitled to obtain attorneys’ fees or other legal costs; and (2) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, except as expressly provided above, and any and all rights to have damages multiplied or otherwise increased.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Company related to the Sweepstakes. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.  Information collected from entrants is subject to the Privacy Policy set forth at https://shopacefamily.com/pages/privacy-policy.

GOVERNING LAW / JURISDICTION

ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THERIGHTS AND OBLIGATIONS OF ENTRANTS OR THE COMPANY 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.

ARBITRATION PROVISION

By participating in this Sweepstakes, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against the Company 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 the Company’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 the Company. 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.

USE OF DATA

the Company will be collecting personal data from and about the entrants online in accordance with its privacy policy. Please review the Company’s privacy policy at https://shopacefamily.com/pages/privacy-policy.  By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted the Company’s privacy policy.

Winner’s List / Official Rules

To obtain any legally-required winner’s list (after the conclusion of the Sweepstakes) or a copy of these Official Rules, send a written request, enclosed with a self-addressed envelope with the proper postage affixed, to: The Ace Collection, Attn: Operations Manager, 514 Commerce Ave, Suite D, Palmdale, CA 93551. (VT residents may omit return postage). The request must be received within thirty (30) days after the winner for the Sweepstakes is chosen.

THE SPONSOR

The Ace Collection, 514 Commerce Avenue, Suite D, Palmdale, California 93551