SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR DONATION NECESSARY TO ENTER OR WIN. MAKING A
PURCHASE OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCE
OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
The Victory Ride Performance Bike Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States and the District of Columbia who are at least eighteen (18) years old or the age of majority in the State of his/her residence, whichever is older, at the time of entry. Void outside of the United States and where prohibited by law. Employees of Sponsor/Administrator and any of their parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes, and their immediate family (spouse, parents and stepparents, siblings and step-siblings, and children and stepchildren) and household members of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor/Administrator’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.
Sponsor: Don’t Ever Give Up, Inc.
Administrator: Don’t Ever Give Up, Inc. 14600 Weston Parkway, Cary, NC 27513.
- Sweepstakes Entry Period
The Sweepstakes entry period starts on May 9, 2018, at 12 am E. T. and ends May 19, 2018 at 11:59 pm (the “Sweepstakes Entry Period”).” Entries received after the Sweepstakes Entry Period will be void. Administrator is the official time keeper for this Sweepstakes.
- How to Enter
There are multiple ways to enter. An entrant can enter through either of the following methods:
(1) Registering to be a 2018 Victory Ride rider (any route or virtual rider); (2) Pick up Rider packet at packet pick up at Performance Bike, 653 Cary Towne Blvd, Cary, NC 27511, Wednesday, May 16 from 4-7 pm, (3) enter your name to Save Your Spot for 2019 Victory Ride registration, and (4) Enter by Mail. Legibly handprint your name, email address and telephone number and the name of the Sponsor on a 3” x 5” postcard and mail postage pre-paid to: 14600 Weston Parkway, Cary, North Carolina 27513. All mail in entries must be postmarked during the Sweepstakes Entry Period and received at the designated mail-in address no later than five days thereafter to receive one entry. Sponsor/Administrator is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries. Limit one entry per outer envelope. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Potential winner(s) may be required to show proof of being the authorized e-mail account holder.
- Winner Selection
On or about seven days after the end of the Sweepstakes Entry Period, Sponsor/Administrator will select one (1) entry for each Prize described below in a random drawing from among all valid entries received during the Sweepstakes Entry Period. Each potential prize winner will be contacted using the email address and/or telephone number included on the entry form used to enter (subject to verification of eligibility and compliance with the terms of these Official Rules, including for minors, proof of parental consent to enter and win). Potential winners will be notified approximately two (2) weeks after the prize drawings. Failure to respond to the initial verification contact within one (1) calendar day of notification may, in Sponsor/Administrator’s sole discretion, result in disqualification and a new potential prize winner may be selected by Sponsor/Administrator from all remaining valid entries. Odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Entry Period.
- THE POTENTIAL SWEEPSTAKES WINNER MAY BE SUBJECT TO
VERIFICATION BY SPONSOR/ADMINISTRATOR WHOSE DECISION IS
FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
- Verification of Potential Winner
Each potential prize winner must continue to comply with all terms and conditions of these
Official Rules and winning is contingent upon fulfilling all requirements. The potential prize winners (and, in the case of a minor, his/her parent or guardian) may be required to sign and return to Sponsor/Administrator or their designee’s, for Sponsor/Administrator’s or their designee’s receipt within five (5) calendar days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize.
If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor/Administrator may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
There will be one grand prize winner. Winner will receive the choice of one Tuesday Bikes beach cruiser. All federal, state and local taxes and all other expenses not expressly listed in these Official Rules are the sole responsibility of each prize winner. Prizes are nontransferable and may not be substituted or redeemed for cash by any prize winner. Sponsor/Administrator reserves the right to substitute the any prize for one of equal or greater value. Approximate retail value of $210.
- Entry Conditions and Release
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor/Administrator and/or their designee(s) which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor/Administrator and their respective parent, subsidiary and affiliated companies, the prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to
Sponsor/Administrator’s and its agents’ use of each winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
- General Conditions
Sponsor/Administrator reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor/Administrator’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor/Administrator in its sole discretion. Sponsor/Administrator reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor/Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor/Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
- Limitations of Liability
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of prizes will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor/Administrator that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor/Administrator reserves the right, in its sole discretion, to cancel, modify or terminate the
Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.
Except where prohibited by law, as a condition of participating in this Sweepstakes, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Entrant further agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATIONS 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 the entrant and Sponsor/Administrator in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of North Carolina.
- Entrant’s Personal Information
Information collected from entrants is subject to the Sponsor/Administrator’s Privacy
Policy, which are available at: https://www.jimmyv.org/?s=privacy+policy
- Sweepstakes Results
For Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s
List” and the name of the Sponsor to 14600 Weston Parkway, Cary, NC, 27513. Requests for the Winner’s List must be received within 60 calendar days after the end of the Sweepstakes Entry Period.
- For Questions. For any questions, please contact Sponsor/Administrator at 14600 Weston Parkway, Cary, NC, 27513.