STRAVA ‘NOMINATE A FRIEND TO RACE THE LEADVILLE TRAIL 100’ OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

 

Strava, Inc. (“Strava”) (“Sponsor”) is pleased to introduce the Strava Nominate a Friend to Race the Leadville Trail 100 (the “Leadville Trail 100 Promotion” or “Promotion”) made available at www.strava.com/blog (the “Site”). The Promotion allows a participant (the “Nominator”) to nominate an individual (the “Nominee”) for a slot to either the Leadville 100 Mountain Bike or Trail Race as detailed below. The Promotion begins at 12:00:01 am Pacific Standard Time (“PST”) June 3rd, 2013 and ends 11:59:59 pm, PST June 17th, 2013. (the “Promotion Period”). Pacific Standard Time shall control for all purposes of the Promotion. Sponsor’s computer clock governs time.

As a condition of nominating someone and participating in the Promotion, you agree 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 Leadville Trail 100 Promotion or these Official Rules.

1.   Eligibility:

In order to be eligible to nominate a Nominee in the Leadville Trail 100 Promotion, you must: (a) be at least thirteen (13) years of age or older and not a person barred from participating in the Promotion under the laws of the United States or other applicable jurisdiction; (b) be physically located in a country, state, city or other legal entity (collectively “Jurisdiction”) in which participation in the Promotion is unrestricted by law; (c) at all times abide by these Official Rules and our Terms of Use. The Leadville Trail 100 Promotion is subject to all applicable federal, provincial, and local laws and regulations. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

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 to nominate or be nominated. “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 LEADVILLE TRAIL 100 PROMOTION WORKS:

You may submit a Nominee for the Leadville Trail 100 Promotion by going to the Site before June 17th (http://strava.com/blog) and clicking on the corresponding Leadville Trail 100 Promotion form, where you will nominate your Nominee by filling out the required information. You must have permission from your Nominee to nominate him or her for this Promotion and the Nominee may be required to provide documentation of such permission at Sponsor’s request, or Nominee may be expelled from the Promotion. All Nominees must: (a) be at least eighteen (18) years of age or older; (b) have an account with Strava. Accounts are free. For more information regarding creating an account, please see Strava’s Plans & Pricing (http://www.strava.com/plans). Any form of entry and participation in the Leadville Trail 100 Promotion other than that described herein is void.

3.  SELECTION OF WINNERS AND PrizeS:

Twelve (12) Nominees will win a slot to either the Leadville 100 Mountain Bike or Trail Race, based on the race they were nominated for. Prize winners must pay for their race entry registration fee. There are a total of seven (7) Leadville 100 Mountain Bike slots and five (5) Trail Race slots available. Approximate Retail Value (“ARV”) of the Mountain Bike Race: $345. ARV of the Trail Run Race: $300. Total ARV of all twelve (12) Prizes: $3,915.  All Strava athletes are eligible to win, but should a winner be a Strava Premium member, they will receive Strava apparel to race in. Cyclists will receive a cycling kit consisting of Castelli bib shorts and jersey; ARV of the kit is $208. Runners will receive a Pearl Izumi performance tech t-shirt, Swiftwik compression socks and a Headsweats visor; ARV of running apparel is $115.

 

Nominees will be selected as potential winners based on the following judging criteria: (a) unique and deserving stories (40%); (b) demonstrated leadership in his or her community (25%); (c) activity on Strava (25%); (d) number of nominations (10%). Judging will be conducted by a panel of five (5) Strava Marketing Team members (the “Panel”). Application of the judging criteria to the nominations shall be at the Panel’s reasonable discretion and, as to matters of subjectivity, the Panel’s sole discretion. The decisions of the Panel are final and binding in all matters relating to the selection of potential winners.

 

4.  PRIZE RESTRICTIONS:

Limit one (1) prize per person. Prizes will be delivered to winners in the form of a code that can be redeemed when winner registers for either the Leadville 100 Mountain Bike or Trail Race. Redemption code will be emailed to the email address on file with Sponsor at the time the Nominee’s prize is won.  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. 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.

Sponsor reserves the right to cancel the Leadville Trail 100 Promotion for any reason. In the event that the Leadville Trail 100 Promotion 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 Leadville Trail 100 Promotion 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 Leadville Trail 100 Promotion.

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 the number of eligible Nominees submitted during the Promotion Period and the quality of the Nominees submitted, as judged by the Panel using the criteria set forth in Section 3.

6. WINNER NOTIFICATION:

Sponsor will announce the potential winners of the Leadville Trail 100 Promotion within one (1) week after the conclusion of the Promotion on June 17th. 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 (www.strava.com/blog). Prizes will be deemed to have been won when all conditions in these Official Rules and accompanying Terms (http://www.strava.com/terms) are met.

ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL. A NOMINEE IS NOT A WINNER OF ANY PRIZE, EVEN IF THE LEADVILLE TRAIL 100 PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL NOMINEE’S ELIGIBILITY AND THE CORRESPONDING COMPLETION OF THE LEADVILLE TRAIL 100 PROMOTION HAVE BEEN VERIFIED AND NOMINEE 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, an IRS Form W-9, and a Publicity Release, where legal, as well as any other documentation requested by Sponsor in order to verify the eligibility of the potential winner. Failure to complete such forms within seven (7) days of receipt of such request will result in forfeiture of the prize.

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 accepting a prize in the Leadville Trail 100 Promotion,  winner agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use winner’s 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. Except where prohibited by law, by submitting a nomination in the Leadville Trail 100 Promotion, Nominator agrees to allow Sponsor and/or Sponsor’s designee the perpetual right to use Nominator’s 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.

WINNER FURTHER ACKNOWLEDGES THAT IF HE OR SHE ACCEPTS A PRIZE, HIS OR HER PERSONAL IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING HIS OR HER 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 Leadville Trail 100 Promotion to Strava, Inc., P.O. Box 32, Hanover, NH 03755.  Attn: Winners’ List.  Requests must be received no later than three (3) months after the conclusion of the Promotion.

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 Leadville Trail 100 Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion, the mailing or transmission of entries, notification or correspondence, the processing of entries, the announcement of the prizes or in any Leadville Trail 100 Promotion related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Leadville Trail 100 Promotion; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Promotion; (5) technical or human error that may occur in the administration of the Promotion, 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 participation in the Promotion or receipt or the redemption of any prize. If for any reason an 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 Promotion, the Nominator’s sole remedy is to submit another nomination into the Promotion. Sponsor may rescind any Leadville Trail 100 Promotion entry found to contain such errors or failures without liability at its sole discretion.

As a condition of submitting a nomination or accepting a prize in the Leadville Trail 100 Promotion, Nominator or prize winner agrees to release, indemnify and hold harmless Sponsor and its respective affiliates, prize suppliers, and Sponsor’s business partners and all their affiliates, and each of their respective agents, representatives, officers, managers, directors, members, shareholders and employees (the “Released Parties”) from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from any breach of representation made by Nominator or the prize winner in connection with the Leadville Trail 100 Promotion, the exercise by Sponsor or its designees of any of the right granted by you in these Official Rules and your participation in the Leadville Trail 100 Promotion, including acceptance, possession, use, misuse or nonuse of the prize(s), or any injury or for damage to your or any other person’s computer or wireless device relating to or resulting from participation in the Leadville Trail 100 Promotion or downloading any materials in the Leadville Trail 100 Promotion, or inability to access any website or wireless service associated with this Leadville Trail 100 Promotion, or any combination thereof. You agree that the laws of the State of California will govern any and all disputes.

As a condition of submitting a nomination or accepting a prize in the Leadville Trail 100 Promotion, you agree that as to Sponsor and the Released Parties (1) under no circumstances will you be permitted to obtain awards for, and you hereby waive 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 Promotion, 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 Leadville Trail 100 Promotion, 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 Leadville Trail 100 Promotion, Sponsor reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and/or to modify, suspend or terminate the Leadville Trail 100 Promotion. In the event that the Leadville Trail 100 Promotion is cancelled or postponed for any reason whatsoever, the ARV of the prizes will be awarded to the extent required by law.

ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE SPONSOR’S SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE LEADVILLE TRAIL 100 PROMOTION 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 YOU TO THE FULLEST EXTENT OF THE LAW.

10. GOVERNING LAW:

This Leadville Trail 100 Promotion is governed by the internal laws of the United States of America and the State of California. Subject to, and without in any way limiting, the “Applicable Law” requirements set forth in the Terms of Use, any court proceeding related to this Leadville Trail 100 Promotion, these Official Rules, Sponsor’s Site or the Terms of Use may be brought only in the state and federal courts located in Santa Clara County, California.

11.  PRIVACY:

By submitting a nomination or accepting a prize in the Leadville Trail 100 Promotion, you agree to Sponsor’s use of your personal information as described in Sponsor’s Privacy Policy available at: http://www.strava.com/privacy.

BY SUBMITTING A NOMINATION OR ACCEPTING A PRIZE IN THE LEADVILLE TRAIL 100 PROMOTION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND CONSENT TO SPONSOR’S PRIVACY POLICY AND SITE TERMS OF USE.

12.  SPONSOR:

The sponsor of the Leadville Trail 100 Promotion is Strava, Inc., P.O. Box 32, Hanover, NH 03755.

13.  OPT-OUT:

If you do not wish to receive any further notices from Strava regarding future promotional offerings, send your name and address to: Strava, Inc., P.O. Box 32, Hanover, NH 03755.  Attn: Opt-Out.

 

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 will depend upon the number of eligible Nominees submitted during the Promotion Period and the quality of the Nominees submitted as judged by the criteria Section 3. Leadville Trail 100 Promotion ends on June 17th, 2013. See Official Rules above for entry requirements and complete prize restrictions. Sponsored by Strava, Inc., P.O. Box 32, Hanover, NH 03755.