STRAVA WESTERN STATES ENTRY PROGRAM OFFICIAL RULES
Accepting applications for qualified individuals interested in running in the 2016 Western States Endurance Run.
NO PURCHASE NECESSARY. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL DETERMINATIONS MADE BY CONTEST SPONSOR ARE FINAL. ENTRY INTO THE CONTEST CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.
OVERVIEW:
The Western States Endurance Run (“WSER”) is the oldest 100 mile foot race in the country and a popular race amongst ultra runners. The race takes place on June 25-26, 2016. Due to the nature of the course (single track trails, bridges, a river crossing, etc.) the race is limited each year to approximately 390 runners. The main way to get one of these coveted spots is through the lottery process, which requires entrants to qualify by running an approved 100K or 100 mile race. There are an estimated 2,000 entrants for the 200 or so lottery spots. This year’s WSER lottery will accept qualified applicants from Saturday, November 7, 2015 through Saturday, November 14, 2015, with runners chosen on Saturday, December 5th.
Strava, Inc. (“Strava”) is offering a race entry for one individual pursuant to these rules. As an official race sponsor of the 2016 WSER, we’ve been granted one of these coveted entries and we want to award it to one of our athletes. We are also covering the cost of the $410 entry fee. The winning athlete will be required to meet all WSER qualification, medical and service requirements in order to participate in the race. The criteria for selection are set forth below and will be focused on the runner’s commitment to the trail running community and the reason he or she wants to participate in this historic event.
Strava is pleased to award this coveted entry to the Western States Endurance Run made available at www.strava.com/blog (the “Site”). The Promotion allows an entrant (the “Entrant”) to submit an application to win an entry to the WSER if they meet: (i) the qualifying standard for applying to the lottery as outlined here and complete the application for the WSER lottery as referenced here; and (ii) certain other eligibility, application and qualification criteria as set forth specifically in these Strava Western States Entry Contest Official Rules (these “Official Rules”). The winning athlete, as described herein, will also receive a Strava care package, including a Strava Premium Membership, certain race gear and virtual support from the Strava community to whom highlights of their training, racing, and preparation for the race will be shared throughout the spring and summer, as well as race day. Details are provided in these Official Rules.
1. TIMING: The Promotion begins at 9:00:01 am Pacific Daylight Time (“PDT”) November 12, 2015 and ends 11:59:59 pm, PDT November 30, 2015 (the “Promotion Period”). All Submissions (defined below) must be entered into the Promotion between 9:00:01 a.m. PDT November 12, 2015 and 11:59:59 pm, PDT November 18, 2015 (the “Submissions Period”). All Submissions must be received by Strava as required herein prior to the expiration of such Submissions Period. The Winner (as defined below) of the Entry will be announced on the Sponsor website at http://blog.strava.com by November 30, 2015 11:59:59 pm, PDT. Strava’s computer clock shall be the official clock of the Promotion and PDT shall control for all purposes of the Promotion.
2. ELIGIBILITY: In order to be eligible to participate in the Promotion, you must: (a) have met the WSER qualifying standards set forth here; (b) have applied to the WSER lottery and meet all medical and service requirements as outlined here and here; (c) be at least eighteen (18) years of age or older at the time of entry and not a person barred from participating in the Promotion under the laws of the United States or other applicable jurisdictions; (d) be physically located in a country, state, city or other legal entity (collectively “Jurisdiction”) in which participation in the Promotion is unrestricted by law; (e) at all times abide by these Official Rules and our Terms of Use; (f) not be related to any of the individuals on the Judging Panel (defined below) (collectively, the “Eligibility Criteria”) and (g) have an account with Strava (accounts are free). For more information regarding creating an account, please visit http://www.strava.com and click “Sign Up”. The 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 Strava, and/or each of their respective parents, subsidiaries, affiliate companies, promotional partners, distributors, web design, advertising, fulfillment agencies, promotion agencies and their suppliers, involved in the administration, development, providing of prizes and execution of this Promotion and the immediate family members (as defined below) and those living in the same households or household members (whether related or not) of each are not eligible to participate in the Promotion. “Immediate family members” shall mean parents, step-parents, legal guardians, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. “Household members” shall mean those people who share the same residence at least three months a year. For the avoidance of doubt, if it is found, at any time during or after the Promotion Period, that any of the eligibility criteria above are not met with respect to any Entrant, such Entrant may be disqualified from the Promotion (as determined by Strava in its discretion).
3. HOW TO PARTICIPATE: You may submit an application for the Promotion during the Submissions Period by submitting an application at the Site at the following URL: http://blog.strava.com/earn-an-entry-to-western-states-100-11130 where you will submit your entry by filling out the required information (the “Submission”). All Entrants must meet the eligibility requirements stated above and the terms and conditions as set forth in these Official Rules and follow the directions as set forth on the Site with respect to the Submission. The Submission will consist of three elements or parts (each an “Element”) (with Element (1) being weighed the most and Elements (2) and (3) each weighing less than Element (1).
• (1) Community and Service Element: A brief written description regarding Entrant’s dedication and contribution to the trail running community and as specified in the form for the Submission.
• (2) Written Element: Written portion regarding what it means to run the WSER as specified in the form for the Submission;
• (3) Athlete Element: A commitment to Strava as an athlete.
Any form of entry and participation in the Promotion other than that as described in these Official Rules is void.
4. SELECTION OF WINNER: One (1) winner will be selected from all Submissions in connection with the Promotion (the “Winner”). The Winner, who remains an eligible Entrant pursuant to these Official Rules, instantly shall win the Entry if they fulfill the eligibility requirements and rules per the WSER organization. Once notified by Strava, the Winner will receive their entry form from the WSER directly on or after December 5, 2015.
The Winner will be selected by the judging panel. The judging panel will consist of 4 Strava experts in the field of running (the “Judging Panel”). The Winner will be selected by the Judging Panel based on the following criteria (the “Judging Criteria”): (a) The Community and Service Element: commitment to the trail running community through service, volunteer work or other eligibility; (b) The Written Element: passion and creativity with respect to the Entrant’s written description regarding what it means to run the WSER; (c) Athlete Element: commitment to Strava as an athlete on the platform. Application of the Judging Criteria to the Submissions and/or Entrants shall be at the Judging Panel’s reasonable discretion and, as to matters of subjectivity, the Judging Panel’s sole discretion. The decisions of the Judging Panel are final and binding in all matters relating to the Promotion and selection of the eventual Winner.
5. PRIZES AND APPROXIMATE RETAIL VALUE:
For the Winner:
• A guaranteed entry to the 2016 WSER
• Strava to reimburse Winner for the cost of the $410 entry fee
• Strava care package TBD (approximately $125 estimated value)
• An annual Strava Premium membership
6. PRIZE RESTRICTIONS: Limit one (1) prize per person. Prizes will be delivered to the Winner as follows, as applicable: (i) Care package via mail to the Winner’s preferred mailing address within the U.S.; (ii) Entry via email from the WSER organization; and (iii) Strava Premium Membership via electronic mail. No transfer, substitution or cash or other equivalent, as applicable, for any prize will be made, except that Strava, 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 Strava.
Strava reserves the right to cancel the Promotion for any reason or no reason. 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. Strava also reserves the right to remove from or to deny entry to the 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 Promotion or for other reasons in Strava’s reasonable discretion.
ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. Any required tax reporting forms will be furnished to the appropriate tax authorities.
7. ODDS OF WINNING: The odds of winning will depend upon the number of eligible Entrants submitted during the Promotion Period and the quality of the Entrants submitted, as judged by the Judging Panel using the criteria set forth herein.
8. WINNER NOTIFICATION: Strava will announce the Winner of the Promotion as set forth above in Section 1. All such winners will be notified via the email address associated with the Winner’s account and will be posted on Strava’s Site (www.strava.com/blog). Prizes will be deemed to have been won solely 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 STRAVA, WHOSE DECISION IS FINAL. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE PROMOTION SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY AND THE CORRESPONDING COMPLETION OF THE PROMOTION HAVE BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED BY STRAVA THAT SUCH VERIFICATION IS COMPLETE.
Potential winners may, at the option of the Strava, 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 Strava 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 any and all prizes. 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 Strava’s discretion.
9. PUBLICITY RIGHTS: Except where prohibited by law, by accepting a prize in the Promotion, winner agrees to allow Strava and/or Strava’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.
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.
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., 500 3rd Street, Suite #110 San Francisco, CA 94107. Attn: Winner Name – WSER. Requests must be received no later than three (3) months after the conclusion of the Promotion.
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 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.
12. GOVERNING LAW: This 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 Promotion, these Official Rules, Strava’s Site or the Terms of Use may be brought only in the state and federal courts located in Santa Clara County, California.
13. PRIVACY: By submitting an entry or accepting a prize in the Promotion, you agree to Strava’s use of your personal information as described in Strava’s Privacy Policy available at: http://www.strava.com/privacy and as set forth in these Official Rules.
BY SUBMITTING AN ENTRY OR ACCEPTING A PRIZE IN THE PROMOTION, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND CONSENT TO STRAVA’S PRIVACY POLICY AND SITE TERMS OF USE AND THE TERMS HEREOF.
14. SPONSOR: The sponsor of the Promotion is Strava, Inc., 500 3rd Street San Francisco, CA 94107.
15. 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., 500 3rd Street San Francisco, CA 94107. 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 Entrants submitted during the Promotion Period and the quality of the Entrants submitted as judged by the criteria set forth herein. The Promotion ends on November 30, 2015. See Official Rules above for entry requirements and complete prize restrictions. Sponsored by Strava, Inc., 500 3rd Street San Francisco, CA 94107.