Get Amped Contest Rules
BMC USA Get Amped! 2018 Contest OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. RESIDENTS OF NY, FL, RI, AZ, AL, HI MAY NOT ENTER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVES ANY DISPUTE. PLEASE THESE RULES.
1. HOW TO ENTER
The BMC USA Corp. (“Sponsor”) Get Amped! 2018 Contest (the “Contest”) commences at 12:01:00 AM CEST on April 10, 2018 and ends at 11:00:00 AM PST on April 22, 2018 (the “Entry Period”). At any time during the Entry Period, entrants may enter the contest by posting a picture or short video of him/herself on Instagram which tells/ shows the Sponsor why you want to win Prize. You may enter the Contest in your own time or at the Sea Otter Classic 2018 during the Entry Period. When you enter, you must follow the Sponsor: ride_bmc by using the following hashtags: #bmc_mountainbikes and #bmcspeedfoxamp and tag BMC with #ride_bmc. One Contest winner will be selected in accordance with the judging criteria below on or about April 22, 2018. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Entries will be acknowledged by an automated e-mail response.
NO PURCHASE NECESSARY TO ENTER OR WIN. The Contest is only open to legal residents of the 50 United States and the District of Columbia (excluding NY, FL, RI, AZ, AL, HI). Entrants must be at least 18 years of age (or the age of majority in their states of residence if the age of majority is greater than 18) at time of entry. Employees, contractors and/or athletes sponsored by BMC USA and /or BMC Switzerland (and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings and their respective spouses, regardless of where they reside) and members of the same household, whether or not related) of Sponsor and its affiliated companies, subsidiaries, advertising and promotion agencies and third party fulfillment or judging agencies (collectively, the “Contest Entities”) are not eligible to win the Contest. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all entries made by, or associated with, the applicable entrant. In the event of a dispute over who submitted any entry, the authorized subscriber of the e-mail account provided in connection with the entry, as of the actual time that such entry was received by Sponsor, will be deemed to be the entrant. The “authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may require an entrant to provide proof of being the authorized account subscriber, which must be provided or else that entrant may be disqualified.
3. WINNER SELECTION/JUDGING
At the end of the Entry Period, Sponsor will review the submissions for eligibility. A panel of judges, will judge all eligible Submissions on the following criteria: Creativity & Originality. The judges will select (1) one Winner, and such determination shall be final and binding.
There is a total of one (1) prizes available to be won in connection with the Contest, this prize shall consist of (1) one BMC Speedfox AMP THREE (the “Prize”). Approximate retail value of the Prize is $5,799 USD. The Prize winner will be selected by a jury consisting of individuals who are veterans of the cycling industry. The Prize winner will be notified by direct message to their Instagram messenger and their personal e-mail address.
5. PRIZE COLLECTION
It is the sole responsibility of entrant to notify Sponsor during the Contest Period if his/her email address, mailing address or any other contact information changes. Prize winner may be required to sign an affidavit of eligibility and release of publicity/liability (“Affidavit”) (where legal) within seven (7) days. If any mail is returned as undeliverable without a forwarding address, a potential winner cannot be contacted within seven (7) days (or other time period noted by Sponsor) of the first attempt to contact him/her, or if he/she or his/her guest fails to return the signed Affidavit within seven (7) days (or other time period noted by Sponsor), or if the potential Prize winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential Prize winner will be disqualified and an alternate Prize winner will be selected in his/her place by the panel from all remaining eligible entries received.
6. GENERAL PRIZE CONDITIONS
Prize will be awarded only if the potential winner fully complies with these Official Rules. All costs, including federal, state and local taxes, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the Winner. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor. Taxes on and in connection with all prizes are the sole responsibility of each winner. Prizes are not transferable. No more than the advertised number of prizes will be awarded. All amounts reflected as dollar credits, gift cards or cash awards are not intended as “per person allocations” and are payable once and only to the winner. Any difference between stated approximate retail value and actual value of the Prize will not be awarded. Sponsor is not responsible if the winner does not use any portion of the Prize. The Contest Entities, each of their respective employees, contractors, directors and officers, and each of their respective parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Contest, are not responsible for any issues arising from venue operations/management and/or if the Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulations(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions, or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. No portion of the prize is transferable or assignable without the prior written consent of Sponsor, which Sponsor may withhold for any or no reason in its sole discretion. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
7. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF
Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Sponsor and/or Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Contest Entity’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief, and entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
8. GOVERNING LAW
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE 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 OTHER STATE’S LAWS. 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.
9. ARBITRATION PROVISION
By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims you may have against, the Contest Entities relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration through JAMS or its successor in San Diego, California, before a single arbitrator. The parties will cooperate with JAMS and with one another in selecting an arbitrator from the JAMS panel of neutrals and in scheduling the arbitration proceedings. The parties agree that they will participate in the arbitration in good faith. The arbitrator shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits, which it might otherwise have or be entitled to under federal law or the laws of the State of California or any state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of arbitration, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. 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.
10. LIST OF WINNERS
The name of the winner of this Contest and the winning image, will be posted on www.instagram.com/ride_bmc once such winner has been selected. Request for Name Prize Winner and Official Rules: For the name of the Prize winners, and/or Official Rules, send a self-addressed stamped envelope to Sponsor at: BMC USA Corp. 5945 Pacific Center Blvd Suite 510 San Diego, CA 92121
11. NO ENDORSEMENT
This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram, Inc.
Entrants assume all risk of loss, damage, destruction, delay or misdirection of materials/mail/email submitted to Sponsor. By submitting an entry, entrants agree to these Official Rules and to all decisions of Sponsor, or its designated agent, which are final and legally binding in all respects, and further agree that all prizes are awarded upon the condition that the Contest Entities and each of their respective parent companies, subsidiaries, officers, directors, principals, employees or agents shall have no liability whatsoever and shall be held harmless for any injuries, losses, or damages of any kind to persons or property, including death, sustained, in whole or in part, directly or indirectly, in connection with or resulting from acceptance, possession or use/misuse of any prize, or participation in this Contest or participation in any Contest-related activities (including attendance at any events related to this Contest), and further acknowledge that said parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its merchantability, quality, mechanical condition or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, without prior notice and at any time, to cancel, terminate or suspend this Contest, or any portion thereof, should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, integrity or security of the Contest (including but not limited to attempts to hack into or otherwise tamper with underlying source code/programming of the Contest). No portion of the Prize may be listed or offered for sale on eBay, Craigslist, or similar websites. By accepting prizes, winners agree that Sponsor may use each winner’s name, likeness, photograph and/or biographical information, without limitation, for promotional purposes without further consideration or payment, where permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provisionIn the event that this Contest is challenged by any legal or regulatory authority (including but not limited to any federal or state governmental authority), Sponsor reserves the right to discontinue or modify the Contest, as applicable, or to disqualify any entrants residing in any affected geographic areas, as applicable. In such event, Sponsor shall have no liability to any entrants who are disqualified due to such an action.
13. ASSUMPTION OF RISK
BY ACCEPTING THE PRIZE, WINNER ACCEPTS THE INHERENTLY DANGEROUS NATURE AND RISK ASSOCIATED WITH CYCLING, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT CONTEST ENTITIES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
14. LIMITATION OF LIABILITY AND CLASS ACTION WAIVER
(I) IN NO EVENT WILL EITHER PARTY (SPONSOR AND/OR ENTRANT) BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE AND LOSS OF BUSINESS OPPORTUNITY, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (II) EACH PARTY’S LIABILITY TO THE OTHER FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, THE VALUE OF THE PRIZE AWARDED HEREUNDER. WHERE PERMITTED UNDER THE APPLICABLE LAW, ENTRANT AGREES THAT HE/SHE MAY BRING CLAIM AGAINST SPONSOR SUJECT TO THESE RULES ONLY IN HIS OR HER INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
By entering this Contest, each Entrant agrees that the Sponsor has the right to contact Entrant by telephone, email or regular mail ONLY as it relates to this Contest.
Sponsor: BMC USA Corp. 5945 Pacific Center Blvd Suite 510 San Diego, CA 92121
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