NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Mellow Johnny's Classic (“Sponsor”) is pleased to introduce the Mellow Johnny's Classic Strava Challenge (the “Skill Challenge”) made available at www.strava.com (the “Site”). As a condition of participating in the Skill Challenge, entrant (“You” or “Your”) agrees to be fully and unconditionally bound by these Official Rules and the decisions of Strava, whose decisions shall be final and binding in all respects, and to waive any right to claim ambiguity in the Skill Challenge or these Official Rules.
Directors, officers, employees, contractors, agents or representatives of Sponsor, and/or their affiliate companies, and their suppliers, as well as the immediate family of their employees (including spouse, parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as the employees, whether related or not, are not eligible. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses. “Household members” shall mean those people who share the same residence at least three months a year.
2. HOW THE SKILL CHALLENGE WORKS:
You may enter the Skill Challenge by going to the Site on or before September 22, 2012 clicking on the corresponding Skill Challenge URL that will direct You to the Skill Challenge landing page, where You will be entered into the Skill Challenge by clicking on the Join button. You must ride the segment on March 2, 2013, during the Mellow Johnny's Classic, and have from March 2 to March 5 to upload the activity. This activity cannot be inputted manually. For more information regarding how to log your rides on the Site, please see Strava’s How It Works page. If you successfully achieve the KOM or QOM on the Echelon Gran Fondo segment, you will be a prize winner, subject to Sponsor's verification. Any form of entry and participation in the Skill Challenge other than that described herein is void.
The KOM and QOM winner will not be rewarded with any prizes.
4. PRIZE RESTRICTIONS:
No transfer, substitution or cash equivalent for prize will be made, except that Sponsor, at its sole discretion, may substitute a prize (or component of prize) of equal or greater value for any reason. Any depiction of prize, in Skill Challenge materials or otherwise, is for illustrative purposes only. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor.
Prizes will be sent to the address on file with Sponsor at the time Your prize is won. Please be certain to keep Your address up to date. All prizes, including prizes shipped outside of North America, will be sent via U.S. Postal Service with the appropriate international postage (where applicable). We assume no liability for non-deliverability. In order to avoid shipping goods outside the U.S., Sponsor reserves the right to ship the Approximate Retail Value of the item via check or alternate payment as a substitute for the merchandise prize UP TO A MAXIMUM VALUE OF $350 USD.
Sponsor reserves the right to cancel the Skill Challenge for any reason. In the event that the Skill Challenge is cancelled or postponed for any reason whatsoever, the ARV of the prizes will be awarded to the extent required by law. Sponsor also reserves the right to remove from or to deny entry to the Skill Challenge to any entrant who engages in a non-sportsmanlike or disruptive conduct, or acts with the intent to annoy, abuse, threaten or harass any other person participating or involved with the Skill Challenge.
ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. Any required tax reporting forms will be furnished to the appropriate tax authorities.
5. ODDS OF WINNING:
The odds of winning will depend upon an entrant’s ability to complete the Skill Challenge.
6. WINNER NOTIFICATION:
Sponsor will announce the potential winners of the Skill Challenge within one (1) week after the conclusion of the Skill Challenge on September 22, 2012. All potential winners will be notified via the email address associated with the potential winner’s account and will be posted on Sponsor’s Site. Prizes will be deemed to have been won when all conditions in these Official Rules and accompanying Terms are met.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SKILL CHALLENGE SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE CORRESPONDING COMPLETION OF THE SKILL CHALLENGE HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
Potential winners may, at the option of the Sponsor, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9. Failure to complete such forms within seven (7) days of receipt of such request will result in forfeiture of the prize. If a potential winner is not of the legal age of majority in the state of residence ("minor"), these documents may be required to be confirmed and signed by the potential winner's parent or legal guardian, and the prize may be awarded in the name of his/her parent or legal guardian who will be required to fulfill all requirements imposed on winner set forth herein.
In the event of non-compliance with these Official Rules, or if the prize is unclaimed or returned as undeliverable, the prize will be forfeited. Any forfeited prize may be awarded to an alternate winner, at Sponsor's discretion.
7. PUBLICITY RIGHTS:
Except where prohibited by law, by entering the Skill Challenge, and as a condition of participating in this Skill Challenge, entrant agrees to allow Sponsor and/or Sponsor's designee the perpetual right to use his/her name, biographical information, photos and/or likeness, statements, voice and city and state address for advertising and promotional purposes for this and similar challenges, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
ENTRANT FURTHER ACKNOWLEDGES THAT IF ENTRANT IS DETERMINED TO BE A WINNER, ENTRANT’S PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS' LIST.
8. WINNERS’ LIST:
To obtain the names of the winners, any person may mail a self-addressed, stamped envelope after 30 days from the conclusion of the Skill Challenge to Strava, Inc., 901 Mission Street, Suite 104, San Francisco, CA 94103, Attn: Winners’ List. Requests must be received no later than three (3) months after the conclusion of the Skill Challenge.
9. LIMITATIONS OF LIABILITY:
Sponsor and the Released Parties (defined below) are not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Challenge, including, without limitation, errors which may occur in connection with the administration of the Challenge, the mailing or transmission of entries, notification or correspondence, the processing of entries, the logging of miles, the announcement of the prizes or in any Challenge related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Challenge; (4) unauthorized human and/ or mechanical intervention in any part of the entry process or the Challenge; (5) technical or human error that may occur in the administration of the Challenge, the sending of entries or the processing of entries; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Challenge or receipt or use of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Challenge, entrant's sole remedy is to enter again into the Challenge. Sponsor may rescind any Challenge entry found to contain such errors or failures without liability at its sole discretion.
Entrants understand that cycling involves significant inherent risks, which includes the possibility of death or serious personal injuries and/or property damage. Entrants understand that Strava does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, or event that utilizes Strava’s services. As a condition of participating in the Challenge, entrant agrees to release, indemnify, hold harmless and promises not to sue Sponsor and its affiliates, Sponsor’s business partners and all their affiliates, any prize suppliers, advertising, promotion, and fulfillment agencies as well as each party’s respective agents, representatives, officers, managers, directors, members, shareholders and employees, (collectively the “Released Parties”) in connection with any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from any action or failure to act of any of the Released Parties in connection with sponsorship, organization, or execution of any racing or sporting event or Challenge, including travel to and from such event, in which entrants may participate as a participant or spectator. These released and indemnified claims may include, but are not limited to, those for personal injury, wrongful death, property damage, and claims related to the acceptance, possession, use, misuse or nonuse of the prize(s), or any injury or for damage to entrant's or any other person's computer or wireless device relating to or resulting from participation in the Challenge or downloading any materials in the Challenge, or inability to access any website or wireless service associated with this Challenge, or any combination thereof.
Entrants agree that the laws of the State of California will govern any and all disputes. As a condition of participating in the Challenge, entrant agrees that as to Sponsor and the Released Parties (1) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses, (2) all causes of action arising out of or connected with the Challenge, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but shall in no event include attorneys’ fees. Sponsor reserves the right to modify prize award procedures. If in Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Challenge, Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, the logging of miles and/or void any entries submitted fraudulently, to modify or suspend the Challenge, or to terminate the Challenge and conduct a random drawing to award the prizes using all eligible, non-suspect entries received for the applicable drawing as of the termination date. Any attempts by an individual to access any website associated with this Challenge via robotic, automatic entry devices, programs such as, but not limited to, by script, macro or any other automated means, or other unauthorized entry will void all such entries by such methods.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE SPONSOR’S SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
10. GOVERNING LAW:
The sponsor of the Skill Challenge is Mellow Johnny's Classic and can be reached by emailing Lauren Ziedonis LaurenZ@mellowjohnnys.com
If You do not wish to receive any further notices from Strava regarding future promotional offerings, send Your name and address to: Strava, Inc., 500 Third Street, Suite 110, San Francisco, CA 94107.
CONSUMER DISCLOSURE: NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
You have not yet won a prize. The actual odds of winning any prize will depend upon an entrant’s ability to complete the Skill Challenge. Skill Challenge ends on September 22, 2012. See Official Rules above for entry requirements and complete prize restrictions. Sponsored by Strava, Inc., 500 Third Street, Suite 110, San Francisco, CA 94107.