10. WINNER NAME: To obtain the names of the Winner, any person may mail a self-addressed, stamped envelope after 30 days from the conclusion of the Promotion to Strava, Inc., 208 Utah St, San Francisco, 94103. Attn: Winners Names – Best Photos of the Year Contest. Requests must be received no later than three (3) months after the conclusion of the Contest.
11. LIMITATIONS OF LIABILITY: Strava 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 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 Promotion related materials; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the 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 Entrant’s sole remedy is to submit another entry into the Promotion. Strava may rescind any Promotion entry found to contain such errors or failures without liability at its sole discretion.
As a condition of submitting an entry or accepting a prize in the Promotion, Entrant or prize winner agrees to release, indemnify and hold harmless Strava and its respective affiliates, prize suppliers, and Strava’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 Entrant or the prize winner in connection with the Promotion, the exercise by Strava or its designees of any of the right granted by you in these Official Rules and your participation in the 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 Promotion or downloading any materials in the Promotion, or inability to access any website or wireless service associated with this 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 an entry or accepting a prize in the Promotion, you agree that as to Strava 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. Strava reserves the right to modify prize award procedures.
If in Strava’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if a 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 Promotion, Strava 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 Promotion. In the event that the 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 STRAVA’S SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, STRAVA RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW.