Kestrel Bike Sweepstakes Terms & Conditions
ROAD RUNNER SPORTS KESTREL TALON 105 BIKE GIVEAWAY
CONSUMER DISCLOSURE: YOU HAVE NOT YET WON. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
The "Kestrel Talon 105 Bike Giveaway" ("Giveaway") is sponsored and administered by Road Runner Sports, Inc. ("Sponsor"). The Giveaway is governed by these official rules ("Official Rules"). By participating in the Giveaway, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the Giveaway, as determined by Sponsor and its agents, are final in all respects. The Giveaway is subject to all federal, state and local laws and regulations and is void where prohibited by law.
The following terms and conditions ("Terms") govern your submission of materials to the "Giveaway". By submitting any material ("Submission") to the Giveaway, you confirm that you are eighteen (18) years of age or older, that you have read and understand these Terms and agree to be bound by these Terms. Each party whose name, e-mail address or other identifying information appears in a Submission is considered a participant and must agree to and accept these Terms for the Submission to be valid and be accepted in the Giveaway. As such, if you are submitting a Submission on behalf of another person, in order for the Submission to be eligible, you must ensure that such other person also agrees to and affirmatively accepts these Terms. Your submission shall constitute your affirmative acceptance of the Terms. You understand that Sponsor will rely on your acceptance of these Terms.
The Giveaway is open to legal residents of the United States and District of Columbia who live in the United States and District of Columbia, who are eighteen (18) years of age or older at the time of entry who have Internet access and a valid e-mail account at the time of entry. Entrants must submit all required information to be eligible to win. Entries missing required information will be disqualified. Required information will be clearly marked on the entry form by an asterisk ("*"). Employees, officers and directors of Sponsor, and its subsidiaries, agents and suppliers, as well as members of their immediate families (defined as parents, spouses, children, siblings and grandparents) and individuals living in the same household as those individuals are not eligible to enter or win. Sponsor has the right to verify the eligibility of each entrant, and reserves the right to disqualify entrants who attempt or seek to circumvent these Terms by any means or who otherwise are deemed by Sponsor to have acted in a manner that is unsuitable or offensive in the sole discretion of the Sponsor. .
GIVEAWAY SUBMISSION PERIOD
The period for Submissions to the Giveaway begins at 9:00 a.m. PDT on July 9, 2011 and ends at 5:59 p.m. PDT on August 31, 2011 ("Giveaway Period"). All entries (submissions) must be received on or before 5:59 p.m. PDT on August 31, 2011 to be eligible. The Grand Prize winner will be announced on or around 9:00 a.m. PDT on September 8, 2011 by a posting on the Sponsor?s website and, in Sponsor's discretion, by an e-mail message to some or all of the entrants and a posting the name of the winner on social network sites such as Facebook and Twitter.
You can enter the Giveaway on the Road Runner Sports website by submitting the required information on the entry form, consisting of the entrant's name and a valid e-mail address. Each Submission will receive one (1) entry into the drawing. There is a limit of one entry per e-mail address per day during the Giveaway Period. Sponsor has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Receipt of entries will not be acknowledged nor will proof of submission of an entry form be deemed proof of receipt. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for (i) lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, delayed, or undelivered Submissions, all of which will be void; (ii) any typographical or other errors in the offer or administration of the Giveaway, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize; (iii) any unauthorized third party use of any Submission; or (iv) the conduct of any participant or other person appearing in any Submission.
GRANT OF RIGHTS
You hereby grant to Sponsor the world-wide right distribute, transmit, publicly display, information related to winners in perpetuity, including, without limitation, on any websites, social media networks, or internet, mobile device or television programming, including for advertising, marketing, promotional and other purposes in connection with the "Kestrel Bike Giveaway" and Road Runner Sports Triathlon Shop ad campaigns (collectively, the "Campaign"). You further agree that Sponsor may use your full or partial name, statements, comments in connection with the Campaign, without payment of additional consideration, and you waive any right of publicity or privacy in connection with any such use. Sponsor may assign, license, sublicense or otherwise convey the rights granted to it under these Terms in whole or in part to any person or entity, and the rights shall inure to the benefit of such persons and entities.
All eligible entries received during the Giveaway Period will be entered. Sponsor will choose the Grand Prize Winner and weekly winners by a computer based random number generator. The Grand Prize Winner and the weekly winners will be announced on the Sponsor?s website, e-mail, and other social network locations, as provided above. Announcement and instructions for claiming a prize will be sent to the e-mail address supplied on the winner?s entry form. Each entrant is responsible for monitoring his/her e-mail account for prize notification and receipt or other communications related to this Giveaway. If a potential prize winner cannot be reached by Administrator (or Sponsor) within fifteen (15) days following the announcement, using the contact information provided at the time of entry, or if the prize is returned as undeliverable, that potential prize winner shall forfeit the prize, and a new winner shall be drawn. Upon the request of the Sponsor, the potential winner may be required to return an Affidavit of Eligibility, Release and Prize Acceptance Form and IRS W-9 form. If a potential winner fails to comply with these official rules, that potential winner will be disqualified.
Kestrel Talon 105 Tri Bike valued at $2000
Weekly winners selected and awarded Triathlon products with up to $100 in value. Additional terms and conditions may apply to such prizes. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. No refunds or exchanges are permitted for any such prizes. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNER.
All prizes are non-transferable. No substitution or cash equivalent of prizes is permitted.
Sponsor reserves the right to terminate, suspend or amend the Giveaway, without notice, and for any reason, including, without limitation, if Sponsor determines that the Giveaway cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor?s control corrupt the administration, security, fairness, integrity or proper play of the Giveaway. Any attempt to damage the content or operation of this Giveaway is unlawful and subject to possible legal action by Sponsor. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that the Submission that you are the owner of all aspects of the Submission or have otherwise obtained the full right and license to grant the rights granted to Sponsor for Sponsor?s use of the Submission in accordance with these Terms, without compensation of any kind or further notice to, or approval from, you or any third party. You further represent and warrant that the Submission does not contain any content that:
INDEMNIFICATION AND LIMITATION OF LIABILITY.
- Contains any materials that are libelous, defamatory or obscene;
- Contains materials embodying the name, voice or likeness of any individual other than a participant that has agreed to and accepted these Terms.
YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATES, AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES, INJURY, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS? FEES AND DISBURSEMENTS) ("CLAIMS") RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE GIVEAWAY, THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT YOU MAY WIN, OR FROM SPONSOR?S USE OF THE SUBMISSION. SPONSOR SHALL RETAIN CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY THIRD PARTY INFRINGEMENT CLAIMS. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE GIVEAWAY, AND YOU HEREBY WAIVE, ANY CLAIM FOR SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED INCOME, LOST REVENUES OR LOST PROFITS), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH HEREOF BY SPONSOR OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING OR PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS.
Sponsor and its affiliate and subsidiary companies, agents, and representatives, and any telephone or Internet network or service providers are not responsible for problems entering any Submission, including, but not limited to any other technical malfunctions of electronic equipment, computer online systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Submission to be received by Sponsor on account of technical problems, the inability to access any website or online service or any other error, human or otherwise, traffic, congestion on the internet or any Sponsor website, or for any other technical problems including telecommunication, miscommunication, or misdirected communications that may limit your ability to participate in this Giveaway. In the event of a dispute as to any entry, the authorized account holder of the e-mail account used to enter will be deemed to be the entrant. The ?authorized account? holder is the natural person assigned the e-mail account. Potential winners may be required to show proof of identity.
GOVERNING LAW AND VENUE
These Terms form an agreement between you and Sponsor, which you agree shall be construed in accordance with California law applicable to contracts entered into and to be wholly performed therein (without giving effect to any conflict of laws principles under such law). All claims or disputes arising out of or in connection with this Agreement shall be heard exclusively by any of the federal or state court(s) of competent jurisdiction located in the state of California.
COPIES OF THE RULES AND WHO WON
Requests for copies of these Official Rules or a winner"s list may be sent to Administrator, Attn: "Kestrel Talon 105 Bike Giveaway" c/o Road Runner Sports 5549 Copley Drive, San Diego CA 92111. All requests must be received by December 1, 2011.