Updated October 10, 2016
1. CHALLENGE OVERVIEW:
The Challenge is intended as a skill contest for runners participating in a USATF-certified marathon event in the United States of America between October 9, 2016 and December 4, 2016. Runners must complete the second half of their marathon faster than the first half of their marathon AND upload their activity to Strava to qualify. Winners will receive one pair of New Balance shoes (while supplies last), redeemable via a unique code to be used on www.newbalance.com.
The goal of the Challenge is to motivate runners to pace wisely during their marathon events and track their races using Strava.
2. CHALLENGE TIMELINE:
2.1. The Challenge starts on October 9, 2016 at 12:00 AM Pacific Time (“PT”) and ends on December 4, 2016 at 11:59:59 PM PT (“Challenge Period”).
2.1. In this Challenge, Strava is the official timekeeper of the Challenge Period. The Challenge phases are noted in the calendar below. The dates are approximate and are subject to change at Strava’s discretion.
|Qualification Window||October 9, 2016||December 4, 2016|
|Submission Window||October 9, 2016||December 10, 2016|
|Winners announcements||October 9, 2016||December 15, 2016|
Note: Entrants are responsible for determining corresponding times based on their location.
3.1. The Challenge is open to U.S. residents who are at least eighteen (18) years of age or older (or age of majority in his or her country, state or jurisdiction of residence if the age of majority in said area is greater than 18) at the time of entry (each, an “Entrant”).
3.2 Entrants must have a valid Strava account that was created before they ran their qualifying marathon, and their marathon race must be uploaded on Strava via a GPS device or phone in order to be considered for a prize in the Challenge.
3.3. This Challenge is subject to all applicable country, federal, state and local laws. By participating in the Challenge, each Entrant and all members of a participating Entrant Team, as applicable, unconditionally accept and agree to comply with and abide by these Official Rules. The decisions of Strava are final and binding, including Strava’s right to verify eligibility, to interpret these Official Rules, and to resolve any disputes relating to this Challenge at any time.
3.4. An Entrant can submit multiple qualifying marathon times but may only be eligible for one (1) prize.
3.5. All national and local laws and regulations of the resident’s country of residence apply. Residents of countries under U.S. embargo are not eligible to enter. The contest is void wherever it is restricted or prohibited by law.
4. SUBMISSION PERIOD:
4.1. The submission period starts on October 9, 2016 at 12:00 AM PT and ends on December 11, 2016 at 11:59:59 PM PT (“Submission Period”).
4.2. Before the Submission Period closes, Entrants must provide the entry information listed at http://blog.strava.com/back-half-challenge/ (“Challenge Site”). Required entry information includes, but is not limited to:
Entrant Name (Individual, Company Name or Entrant Team Name)
Entrant Contact (if different from above)
Entrant’s e-mail address
Entrant’s mailing address
Link to entrant’s qualifying marathon time on Strava
Link to official race results
Data of event
(collectively, a “Submission”).
4.3. Entrants may submit more than one Submission but may only be eligible for one prize.
4.5. Submission is not complete until all the online prompts and instructions to upload have been properly followed and the Official Rules have been affirmatively accepted. By entering, Entrants acknowledge compliance with these Official Rules.
4.6. By entering a Submission, the Entrant warrants and represents that he/she is the individual who ran the marathon event reflected in the submission entry, that the information provided is accurate and true at the time submitted, and that he/she consents to Strava’s use of the Submission and any other materials forming part of the Submission, in the Challenge.
6. ENTRY TERMS:
6.1. Determination of compliance with entry, technical, and creative requirements and these Official Rules will be in the sole discretion of Strava. By entering, Entrants warrant that the Submission:
1. is the original work of the Entrant/Entrant Team or an update to an original work of the Entrant/Entrant Team;2. 2. does not contain any use of names, likenesses, photographs, or other identifying elements in whole or in part, of any person, living or dead, without permission (proof of which must be provided to Strava upon request in a form satisfactory to Strava);
3. does not infringe or violate the rights of any third party, including but not limited to, copyrights, trademarks, logos, copyrighted material not owned by Entrant (other than Strava’s related materials), contract and licensing rights, rights of publicity or privacy, moral rights, or any other intellectual property rights;
4. is not subject to any third party agreements, and that Strava will not be required to pay or incur any sums to any person or entity as a result of its ownership, acquisition, use or exploitation of the entries or rights therein;
5. was made with the understanding that any required permits from local authorities or other permissions have been obtained and is documented sufficiently such that Entrant can show proof of such permission upon request from Strava;
6. does not contain hateful content of any kind (including without limitation racism, sexism, etc.), content which promotes violence or harm to another living creature, or any other offensive, obscene, or inappropriate content, the determination of which shall remain in the sole discretion of Strava;
7. does not promote any activity that may appear unsafe or dangerous;
8. does not contain reference to any political agenda or party; and that Entrant/Entrant Team indemnify Strava from and against any cause of action, complaints, or other claims arising out of the breach of any of the foregoing warranties.
7.1. Entrant acknowledges and agrees that Strava may collect, store, share and otherwise use personally identifiable information provided by Entrants during the submission process and the Challenge, including, but not limited to the Entrant’s name, mailing address, phone number, and email address.
7.4. If an Entrant does not provide the mandatory data required at Submission, Strava reserves the right to disqualify the entry. The Entrant has the right to request access, review, rectification or deletion of any personal data held by Strava in connection with the Challenge by writing to Strava at this email address: email@example.com.
7.4. Submissions that do not comply with these Official Rules, as determined in Strava’s sole discretion, may be disqualified from the Challenge. By entering, all Entrants understand and agree that all eligible Submissions may be posted on the Internet (and other media as designated by Strava in its sole discretion) for public view.
7.5. If Strava determines, in its sole discretion, that an Entrant is not in compliance with these Official Rules, or consider a Submission inappropriate in any way, the Submission will be disqualified.
7.6. By entering the Challenge, each Entrant represents and warrants that he or she has obtained all of the rights, licenses, and permissions in writing from any person who may have helped create or who is referred in any manner in the entry and such persons must be listed as a team member of the applicable Entrant Team.
7.8. Decisions of Strava are final and binding.
8. CHALLENGE JUDGING:
8.1. Throughout the Submission Period, all eligible Submissions will be judged based on the criteria outlined in the challenge. The first half (13.1 miles) of each entrant’s marathon must be run slower than the second half (13.1 miles). Times will be judged using the results from their Strava upload and, if necessary, the official race results.
8.2. Decisions are final and binding in all matters relating to Submissions and this Challenge.
9. WINNER NOTIFICATION:
9.1. Winners are subject to verification by Strava.
9.2. Potential Winners will be notified on or before December 15, 2016, by email at the email address provided as part of the Submission.
9.3. Potential Winners may be required to complete and return an Affidavit of Eligibility and Publicity/Liability Release (where legal), an Entrant Release Form.
10.1. All prizes to be awarded while supplies last. Challenge winners receive 1 pair of New Balance shoes, redeemable on www.newbalance.com.
10.3. Only one (1) prize package per winning Entrant will be awarded.
10.4. Prizes are non-transferable. No prize substitutions or cash redemptions allowed. Strava reserves the right to limit prizes or substitute a prize (or prize component) with one of comparable or greater value for any reason including if unable to award due to country specific regulation.
10.6. Except where prohibited by law, all federal, state, or other tax liabilities are the responsibility of the prize winner and Strava will not be responsible for any tax deductions which may be necessary.
10.7. Prize winners are responsible for any costs and expenses associated with prize acceptance in their country of residence and use not specified herein as being provided.
10.8. Designation as a prize winner is subject to Entrant’s proof of compliance with these Official Rules, maintaining compliance with these Official Rules and approval by Strava.
10.9. All details of prize not specified herein shall be determined solely by Strava.
11. USE OF SUBMISSION, PERSONAL DATA, WAIVER, RELEASE, AND LIMITATION OF LIABILITY:
11.1. Except where prohibited, entrants waive and release Strava from any and all claims that Entrants/Entrant Teams may now or hereafter have in any jurisdiction based on “moral rights” or “droit moral” (note: Residents of France may waive or assign his/her moral rights at any time without any justification) or unfair competition with respect to Strava’s exploitation of entries without further notification or compensation to Entrants/Entrant Team of any kind, and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Strava and its affiliates, licensees, or any other person in connection with this Challenge, on the grounds that any use of any Submission, or any derivative works, infringe, or violate any of Entrants’/Entrant Teams’ rights therein.
11.2. Except for notification and clearance purposes Strava will not enter into any correspondence, including email, with non-winning Entrants/Entrant Teams. Strava reserves the right, in their sole discretion, to disqualify any individual found tampering with the entry process or entry materials or otherwise interfering with the proper administration of the Challenge or violating these Official Rules.
11.3. By submitting an App in this Challenge, the Entrant/Entrant Team warrants and represents that (s)he owns all of the intellectual and industrial property rights in and to the App. Further, the Entrant/Entrant Team agrees to grant Strava a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and if a resident of France, for a duration of one (1) year starting October 11, 2016) to use, advertise, display, demonstrate, promote, reproduce, publicly perform, publicly display and create derivative work including screenshots, animations and video clips available for promotional purposes from any entry or App that Entrant/Entrant Team submits, specifically in connection with the advertising and promotion of the Challenge and the App, via communication to the public or other groups, including, but not limited to all marketing communications (including, but not limited to, email campaigns, advertising via social networking, and/or other media outlets, including print and on-air media), without any notice, approval or compensation to the respective Entrant.
11.4. Except where prohibited, each prize winner further consents (and agrees to sign any additional documents required by Strava to formalize, effect or perfect such consent) to Strava’s use of his/her name, likeness (photograph), biographical information, and voice in advertising/publicity/trade (including local and/or national television stations or print publications that may be covering any element of this Challenge) worldwide without compensation, notice or approval, and prize winner disclaims any ownership rights to the content of such advertising/publicity/trade material.
11.5. EACH ENTRANT/ENTRANT TEAM MEMBER ACCEPTS THE CONDITIONS STATED IN THESE OFFICIAL RULES, AGREES TO BE BOUND BY THE DECISIONS OF STRAVA WARRANTS THAT HE OR SHE IS ELIGIBLE TO PARTICIPATE IN THIS CHALLENGE, AND AGREES TO RELEASE, INDEMNIFY, AND HOLD HARMLESS STRAVA AND EACH OF ITS SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, AND PUBLIC RELATIONS AGENCIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENCIES OF EACH FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, AND DAMAGES OF ANY KIND, (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ASSERTED AGAINST ANY OF THEM, INCURRED, SUSTAINED, OR ARISING IN CONNECTION WITH THE USE, ACCEPTANCE, MISUSE, OR DONATION OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELLING TO OR FROM ANY CHALLENGE-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON, ANIMAL OR PROPERTY, OR FROM THE RESPECTIVE ENTRANTS’ BREACH OF ANY AGREEMENT OR WARRANTY ASSOCIATED WITH THE CHALLENGE, INCLUDING THESE OFFICIAL RULES. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE, STRAVA AND EACH OF THEIR LICENSEES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS, CLASS LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
11.6. Each Entrant hereby acknowledges and agrees that the relationship between themselves and Strava is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the entry to Strava for purposes of the Challenge does not place Strava in a position that is any different from the position held by members of the general public with regard to elements of the entry, other than as set forth in these Official Rules. Each Entrant understands and acknowledges that Strava has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or stories may be competitive with, similar to, or identical to the entry submission and/or each other in theme, idea, plot, format, or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Strava’s use of any such similar or identical material that has or may come to Strava, or any of them, from other sources. Entrants acknowledge that other Entrants/Entrant Teams may have created ideas and concepts contained in their entry that may have familiarities or similarities to their entry, and that they will not be entitled to any compensation or right to negotiate with Strava because of these familiarities or similarities.
11.7. Each Entrant acknowledges and agrees that Strava does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Entrant’s copyright in and to the entry. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Strava’s actual or alleged exploitation or use of any submission or other material submitted in connection with the Challenge, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any program, website, advertising, materials or other thing based on or allegedly based on the entry submission, and Entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. Each Entrant hereby acknowledges and agrees that Strava’s trademarks and other intellectual property are the exclusive property of Strava. Each Entrant further acknowledges and agrees that Strava’s marks and their intellectual property are valid and enforceable, and that Entrant shall do nothing to challenge the validity or enforceability of Strava’s marks in any forum. Entrants agree that the use of Strava’s marks, slogans, and characters is permitted only for the purpose of making an entry in this Challenge, and that any use of Strava’s marks, slogans, and characters (whether in the entry or otherwise) beyond this scope infringes the rights of Strava and will result in irreparable harm to Strava.
11.8. Unless the laws relevant for the domicile of the Entrant provide otherwise, this Challenge is governed by U.S. law and is subject to all applicable federal, state, and local laws. Except where prohibited by law, any and all legal actions or claims arising in connection with this Challenge must be brought in a court of competent jurisdiction in San Francisco, California, USA. Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental or consequential damages, including attorneys’ fees, other than Entrant’s actual out-of-pocket expenses (e.g. costs associated with entering), and Entrant further waives all rights to have damages multiplied or increased.
12.1. Entrants further agree that Strava and any of their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, agents and employees, and any Internet access providers are not responsible for the following: (a) electronic transmissions, entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed, misdirected or not received by Strava or its agents for any reason; (b) any problems or technical malfunctions, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication failures and/or human error that may occur in the transmission, receipt or processing of entries or related materials; or for destruction of or unauthorized access to, or alteration of, entries or related material; (c) failed or unavailable hardware, network, software or telephone transmissions, damage to Entrants’ or any person’s computer and/or its contents related to or resulting from participation in this Challenge, or (d) causes that jeopardize the administration, security, fairness, integrity, or proper conduct of this Challenge; (e) any entries submitted in a manner that is not expressly allowed under these Official Rules (all such entries will be disqualified); (f) any printing errors in these Official Rules or in any advertisements or correspondence in connection with this Challenge.
12.2. Strava reserves the right, in its sole discretion, to cancel or suspend this Challenge should virus, bugs, fraud, hacking, or other causes corrupt the administration, security, or proper play of the Challenge. In such cases, notice to this effect will be posted on the Challenge Site and the prize winners may be determined from all eligible entries received prior to cancellation.
12.3. If, in Strava’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Challenge or if technical difficulties compromise the integrity of the Challenge, Strava reserves the right to void suspect entries and/or terminate the Challenge and award the prizes in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter repeatedly is prohibited. In the event of a dispute as to the identity of an Entrant based on an email address, the entry in question may be disqualified subject to Strava’s discretion.
13. COUNTRY SPECIFIC NOTICES:
If any provision of these Official Rules is invalid under the law, rules or regulations of a particular country, the invalidity of such provision shall not affect the validity of the remaining provision. In addition to the tax liability disclosures in these Official Rules, prize winners are subject to, and must abide by, the income reporting and, if applicable, the payment of any taxes due pursuant to the laws, rules and regulations of the prize winners’ jurisdiction of residence.
13.1. FOR UK: Notwithstanding anything elsewhere in these Official Rules, no person’s or entity’s liability for death or personal injury caused by its negligence shall be limited in any way, and nor shall their ability for fraud or for any other matter where liability may not as a matter of law be limited or excluded.
13.2. FOR FRANCE: Nothing shall exclude or limit a consumer’s right to obtain compensation for the Competition Entities breach of any of their obligations.
13.3. FOR GERMANY: (i) Challenge Entities shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health; (ii) In an event of slight negligence, Challenge Entities shall be liable only for breaches of a material contractual obligation (cardinal duty). A “cardinal duty” shall be defined as an obligation whose fulfillment makes the implementation of this contract possible and on the fulfillment of which the contracting parties may therefore generally rely; (iii) in the event of slight negligence, as outlined in Clause (ii), Challenge Entities shall not be liable for any lack of commercial success, lost profits and indirect damages; (iv) Liability in accordance with the above Clauses (ii) and (iii) shall be limited to typical, foreseeable damages; (v) This limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of Strava; (vi) Any potential liability on the part of Strava for any warranties and for claims based on the German Product Liability Act shall not be affected.
Where these Official Rules provide for discretion exercisable by a Competition Entity that could otherwise be capable of causing a significant imbalance in the parties’ rights and obligation hereunder, to the detriment of a consumer and contrary to the requirement of good faith, shall be exercised reasonably and in good faith.
12. Entire Agreement; Modifications. These Official Rules constitute the complete and entire understanding between Entrants and Strava pertaining to the Challenge, to the exclusion of all prior oral or written terms, conditions or understandings. These Official Rules supersede in their entirety any prior versions of the same, effective as of the date of posting above. Entrant’s sole and exclusive remedy if Entrant disagrees with the revisions herein is to terminate its participation in the Challenge. Continued participation in the Challenge following twenty four (24) hours of posting of these revised Official Rules constitutes and will be interpreted to constitute the Entrant’s consent to any modifications to these Official Rules.
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