Gates Corporation “2015 Design Center Bike Giveaway” Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING.
1. GENERAL. Gates Corporation’s “2015 Design Center Bike Giveaway” (this “Sweepstakes”) is a sweepstakes where eligible entrants will have the chance to win a Gates Carbon Drive equipped bicycle prize during the Sweepstakes Period as described in more detail below. The foregoing is a general description only of this Sweepstakes and is qualified in its entirety by these Official Rules.
2. ELIGIBILITY. This Sweepstakes is only open to entrants who, as of the entry date, are (a) legal residents of the fifty (50) United States or the District of Columbia, (b) are at least eighteen (18) years old, and (c) enter by completing the form at gatesdesigncenter.com. This Sweepstakes is void outside the fifty (50) United States and the District of Columbia; and where prohibited or restricted by law. Employees, officers and directors of Gates Corporation (“Sponsor”) and its parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and the immediate families (defined as parents, spouses, children, siblings, grandparents, and their respective spouses) or members of the same household (whether related or not) of each such employee, officer and director, are not eligible to enter. This Sweepstakes, and any website pages and advertisements relating thereto, is intended for viewing only within the United States and the District of Columbia, and entrants must be present in the fifty (50) United States or the District of Columbia at the time they enter.
3. TIMING. This Sweepstakes entry period begins at 9:00 a.m. Mountain Time (“MT”) on June 16, 2015, and ends at 11:59 p.m. MT on August 4, 2015 (the “Sweepstakes Period”).
4. HOW TO ENTER. During the Sweepstakes Period, eligible entrants may enter the Sweepstakes by completing the entry form found at gatesdesigncenter.com, in accordance with the on-screen instructions. In the event of a dispute as to the identity of an online entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. All entries will be deemed to have been made by the authorized account holder of the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and will result in disqualification. All entries become the exclusive property of Sponsor and none will be acknowledged or returned. Proof of online submission will not be deemed to be proof of receipt of entry by Sponsor.
5. AGREEMENT TO OFFICIAL RULES AND DECISIONS. By participating in this Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all respects.
6. DRAWING; ODDS; NOTIFICATION. Subject to the terms and conditions of these Official Rules, Sponsor will conduct one Drawing. The entry pool for the Drawing will be comprised of the eligible entrants who submit an entry form during the Sweepstakes Period . LIMIT: One (1) entry per person or email address. At end of the Sweepstakes Period, Sponsor will randomly select one (1) potential Prize winner from among the pool of eligible entries.
Odds of winning a prize depend on the number of eligible entries received. The entrant selected must comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. A potential winner will be notified by phone, letter (by postal or overnight delivery) and/or email. Sponsor’s notice may request additional verification items (including, without limitation, shipping address) and a potential winner must respond to such verification requests within the time limits specified by Sponsor. If the potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, or if any prize or prize notification is returned as undeliverable, or if the potential winner declines the prize, or if the potential winner is found to be ineligible, or if the potential winner does not comply with the Official Rules, then the potential winner may be disqualified and forfeit the prize and an alternate winner may be selected by Sponsor in his/her place at random from among all eligible non-winning entries received for this Sweepstakes.
7. PRIZE. Subject to the terms and conditions of these Official Rules, in this Sweepstakes, a total of one (1) prize will be awarded in the Drawing. The Drawing prize consists of and is limited to one (1) Gates Carbon Drive equipped bicycle as chosen by Sponsor in its sole discretion. The approximate retail value (“ARV”) of the prize is USD$1,650.00. The prize is awarded “AS IS” with no warranty, representation, or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No substitution, assignment or transfer of the prize is permitted, except by Sponsor, who reserves the right to substitute a prize (or component thereof) with another prize (or component thereof) of greater or equal value, including cash, if the prize (or component thereof) is not available for any reason as determined by Sponsor in its sole discretion. Winner is solely and fully responsible for any and all costs, fees, taxes and expenses associated with prize award, receipt and use, including, without limitation, all federal, state and local taxes on the prize.
8. PUBLICITY. Except where prohibited by law, participation in this Sweepstakes constitutes winner’s consent to Sponsor’s (and its successors’, assignees’ and designees’) use of winner’s name, biography, likeness, voice, photographs, video, statements, opinions, hometown, state and country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice or consent.
9. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend this Sweepstakes if, in Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond Sponsor’s reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes. In such event, Sponsor reserves the right in its sole discretion to award the applicable prize at random from among eligible, non-suspect entries received up to the time of suspected impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. RELEASE. By entering, each entrant forever and irrevocably releases and holds harmless Sponsor and its parents, subsidiaries, divisions and affiliates, and their respective agents, advertising and promotion agencies, affiliates, Sweepstakes partners and prize suppliers, and all of their respective employees, officers, directors, shareholders and agents from and against all claims, damages or liabilities arising in whole or in part, directly or indirectly, from entrant’s participation and/or entry in this Sweepstakes and/or entrant’s award, receipt or use of any prize awarded in this Sweepstakes.
11. LIMITATIONS OF LIABILITY. Sponsor is not responsible for: (a) incorrect or inaccurate transcription of entry information or late, lost, stolen, unintelligible, illegible, damaged, mutilated, altered, incomplete, or misdirected entries or entries received through impermissible or illegitimate channels, all of which will be disqualified; (b) technical failures of any kind, including but not limited to the malfunctioning of any telephone, computer online systems, computer equipment, website, server provider, network, hardware or software; (c) the unavailability or inaccessibility of any website or service; (d) unauthorized intervention in any part of the entry process or this Sweepstakes; (e) printing, typographical, electronic or human errors which may occur in the offer or administration of this Sweepstakes or the processing of entries; or (f) any injury or damage to persons or property, including but not limited to entrant’s computer, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Sweepstakes, or from viewing, playing or downloading any material from Sponsor’s website, regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor’s website by a hypertext link.
12. DISPUTES. Entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded shall be resolved individually, without resort to any form of class action, and solely and exclusively in a federal or state court located in Denver, Colorado; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Colorado for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (c) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Colorado, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Colorado.
13. OFFICIAL RULES. These Official Rules are available at designcenter.gates.com/contest-rules/ or by sending a self-addressed postage-stamped envelope to “Gates Corporation – 2015 Design Center Bike Giveaway – Rules Request”, c/o Gates Corporation, 1551 Wewatta Street, Denver, Colorado 80202, Attn: Industrial Marketing Specialist. Residents of Vermont need not affix return postage.
14. WINNER’S LIST. To request notification of the winner, send a self-addressed postage-stamped envelope to “Gates Corporation – 2015 Design Center Bike Giveaway – Winner’s List Request”, c/o Gates Corporation, 1551 Wewatta Street, Denver, Colorado 80202, Attn: Industrial Marketing Specialist. Requests must be received no later than sixty (60) days after the end of the Sweepstakes Period.
15. SPONSOR. The sponsor of this Sweepstakes and the address at which the Sponsor may be contacted is Gates Corporation, 1551 Wewatta Street, Denver, Colorado 80202.