CHIVE K CHALLENGE
THIS CHALLENGE IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS. YOUR PARTICIPATION INTO THIS CHALLENGE CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE RULES, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CHALLENGE.
NO PURCHASE OR PAYMENT NECESSARY TO PARTICIPATE. THIS CHALLENGE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF PARTICIPATION SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
This Challenge is administered by Chive Media Group, LLC (“Administrator”). The decisions of Administrator are final and binding in all matters relating to the Challenge. If a Participant is found for any reason to be ineligible to participate in this Challenge, that Participant will be disqualified from receiving any of the Prizes (defined below).
Subject to these Rules, the Challenge is open only to permanent legal U.S. residents physically residing in the 50 United States of America and the District of Columbia, who are at least 18 years old as of the date of participation. Participation in the Challenge constitutes the Participant’s full and unconditional agreement to these Rules. Receiving a Prize is contingent upon fulfilling all requirements set forth herein. Participants may be required to provide proof of residency and eligibility upon request.
The Challenge begins on August 7, 2018 at approximately 12:00 AM CST and ends on September 30, 2018 at 11:59 PM CST (the “Challenge Period”).
CrowdRise’s time-stamp record keeping will serve as the official time keeping device for the Challenge Period.
HOW TO PARTICIPATE:
To Participate in the Challenge (as a “Participant”) during a Challenge Period, create an account through CrowdRise for the Chive K Virtual 5 K Race (the “Account”) and register for the run to be eligible to participate.
Use of CrowdRise Website
Because your participation into this Challenge requires you to use Crowdrise’s third party website, your participation is also subject to the Terms and Conditions of that website. Administrator does not guarantee, approve or endorse the information or products available at any third-party websites. Administrator does not operate or control and has no responsibility for the information, content, products and/or services found on any external websites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external websites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visiting any such external sites is at your own risk. Users should direct any concerns regarding any external website to that sites’ administrator or webmaster.
If, during the Challenge period, you achieve certain fundraising goals using CrowdRise, will be awarded certain prizes. The prizes corresponding to those fundraising goals are as follows (each a “Prize”):
• $250: Each Participant who raises $250 will receive a Chive Charities Swag Bag.
• $500: Each Participant who raises $500 will receive a 2019 Green Gala VIP Package – Includes 1 TICKET & invite for + 1, 1 event tee, and entry to closed preparty.
• $1,000: Each Participant who raises $1,000 will receive a collection of John Resig’s favorite t-shirts + a bottle of Resign Wine.
• $2,500: The first ten (10) Participants who raise $2,500 will receive one Emily Mercedes original watercolor art piece (personalized by and FOR participant) + Personalized Nike running shoes.
• $5,000: The first five (5) Participants who raise $5,000 will receive up to one thousand dollars in paid travel expenses for airfare and lodging in Austin, TX for you, on dates mutually agreed upon by you and the Administrator, which dates must be within six (6) months of the end of the Contest Term, for a private tour of theCHIVE headquarters ($1,000 approximate retail value).
CrowdRise’s time-stamp record keeping will serve as the official time keeping device for the determining the sequence in which Participants raise each specified amount.
General Prize Restrictions. All Prizes are non-transferable and have no cash redemption or substitution value, except that Administrator, in its discretion, reserves the right to change, substitute, or replace any Prize at any time with one of greater or comparable value if any part of the Prize becomes unavailable for any reason. Administrator will not be responsible for or replace any lost or stolen Prizes. To be awarded and claim a Prize, the potential claimer must meet all eligibility requirements, comply with these rules, and be ready, willing, and able to claim the Prize. No more than the stated number of Prizes will be awarded. The actual retail value of a Prize may be different from the stated approximate retail value due to location, market conditions, changes in values/rates for Prize components, or for other similar reasons; if so, Participants will not be entitled to receive any difference in value. All unclaimed Prizes or unused portions of a Prize will be forfeited in their entirety.
ALL PRIZES ARE AWARDED “AS IS.” ADMINISTRATOR DOES NOT MAKE AND DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE PRIZE, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY PRIZE WILL BE FREE FROM ERRORS OR DEFECTS.
Travel Prize Restrictions: THE TRAVEL PRIZE IS FURTHER SUBJECT TO THE FOLLOWING RESTRICTIONS:
Excluded Travel Expenses. ALL COSTS NOT EXPRESSLY STATED HEREIN ARE NOT INCLUDED IN THE TRAVEL PRIZE ARE THE SOLE RESPONSIBILITY OF THE TRAVEL PARTICIPANTS, INCLUDING BUT NOT LIMITED TO, MEALS AND BEVERAGES, ADDITIONAL FEES CHARGED BY AIRLINES OR HOTELS, GROUND TRANSPORTATION WITHIN AUSTIN, TEXAS, PERSONAL CHARGES, GRATUITIES AND TAXES.
Guest Restrictions. The Participants who earn the Travel Prize have the opportunity to bring a guest to participate in the Travel Prize. However, the guest has no right to the Travel Prize himself/herself; instead, the Travel Participants’ Prize includes the opportunity to bring a guest with him/her. The Travel Participants may choose to not bring a guest and, if so, the Travel Prize will apply only to the Travel Participants and the Travel Participants will not receive any additional prizes, substitutions, difference in value, or other consideration of any kind as a result of his/her decision not to bring a guest.
Air Transportation Limitation. If any Travel Participants or his/her guest will be traveling to the Austin from a destination that is less than 200 miles from Austin, Administrator reserves the right to substitute air transportation with ground transportation for that individual, and that individual will not receive any additional prizes, substitutions, difference in value, or other consideration of any kind.
Changes. Administrator is not responsible for any cancellations, delays, or changes in dates, times, location, events, schedule, or any other changes with respect to the Travel Prize. If any part of the Travel Prize is canceled or changed, or if any Travel Participant or guest is unable to attend for any reason, the Travel Participant will not receive any additional prizes, substitutions, difference in value, or other consideration of any kind. It is Travel Participants’ sole responsibility to stay informed about the details of the Tournament and flight and travel itineraries, including any changes thereto or cancellations thereof. The Travel Prize is offered as an “all or nothing” Prize; no portion of the Travel Prize may be used independently of the entire Travel Prize.
Compliance with Third Party Terms. To participate in the Travel Prize, the Travel Participant and his/her guest (if applicable): (a) must be eligible to travel to the Travel Prize, as determined by the applicable travel authority or travel provider; (b) must comply with and be subject to all terms of tickets and reservations (such as airline tickets and hotel reservations), required documentation, instructions, and protocols (including, but not limited to, trip itinerary, changes, protocols and requirements to gain access, screenings, or background checks) related thereto; and (c) is required to carefully read and understand the terms of all third party tickets and reservations. Failure to comply with any of the foregoing will result in forfeiture of the Travel Prize by the Travel Participant, and the Travel Participant will not receive any additional prizes, substitutions, difference in value, or other consideration of any kind.
Conduct. If the Travel Participant and/or guest engages in behavior at any time that Administrator, or its representatives determine, in their discretion, is obnoxious, threatening, illegal, or intended to annoy, abuse, threaten or harass any other person or themselves, Administrator reserves the right to terminate the Travel Prize, in whole or part, and the Travel Prize will be forfeited by the Travel Participant, without any substitution, reimbursement, or other consideration.
To accept and claim the respective Prize, each Participant who earns the Prize must:
• Meet all Challenge eligibility requirements;
• Respond to the Administrator to claim the Prize within five (5) days of being notified by the Administrator that they have earned a Prize;
• Provide Administrator with all information requested to arrange for you to claim the Prize; and
• Be ready, willing, and able to claim all aspects of the Prize.
Each Participant is responsible and liable for all federal, state and local taxes on the value of his or her Prize, and any related shipping and handling charges. When applicable, each Participant may be required to execute and return (and earning a Prize may be conditioned upon executing and returning) to Administrator, within five (5) business days, an Affidavit of Eligibility and a Release drafted by Administrator to be eligible for the Prize, or an alternate Participant will be selected for that Prize. Each Participant may be required in Administrator’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable Prize. Each Participant may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
CANCELLATION AND DISQUALIFICATION. Administrator reserves the right to, in its discretion, cancel, suspend, and/or modify the Challenge (or any part thereof) and/or to disqualify any Participant or potential Participant in any of the following evens (each “Disqualifying Event”):
• Administrator has reason to believe there exists any tampering, fraud, delay, unauthorized intervention, cheating, technical failures, or any other factor, technical failures, or other causes that corrupt the administration, security, fairness, integrity, or proper functioning of the Challenge;
• Any Participant fails to comply with these Rules or any applicable law, rule, or regulation;
• Any Participant annoys, abuses, threatens, or harasses any other Participant or Administrator;
• Administrator’s technical systems become otherwise impaired for any reason, in a manner that may affect the administration, security, fairness, integrity, or proper functioning of the Challenge;
• Administrator is unable to verify the eligibility of a Participant or potential Prize, or Administrator determines a Participant or potential Prize to be ineligible;
• Any Participant fails to provide current and correct contact information for when participating;
• Any person attempts to exceed the limit of number of entries into the Challenge by any method, including but not limited to, using multiple email addresses or accounts or robotic entries;
• A Participant who earns a Prize refuses, declines, or is not ready, willing, or able to accept and claim the Prize, in accordance with these Rules;
• Administrator is unable to deliver a Prize for any reason; or
• As may be required by any governmental agency with authority over challenge regulation.
IN THE EVENT OF ANY DISQUALIFYING EVENT, ADMINISTRATOR RESERVES THE RIGHT, BUT IS NOT REQUIRED TO, AWARD OR DISPOSE OF ANY PRIZE, AS DEEMED FAIR AND APPROPRIATE BY ADMINISTRATOR, IN ITS DISCRETION, INCLUDING WITHOUT LIMITATION, DISQUALIFYING ALL SUSPECT PARTICIPANTS AND/OR SELECTING NEW PARTICIPANTS TO EARN A PRIZE, USING THE SAME PRIZE SELECTION METHOD. IF ADMINISTRATOR DOES SELECT A NEW PARTICIPANT TO EARN A PRIZE, THAT NEW PARTICIPANT WILL BE SELECTED FROM THE REMAINING POOL OF OTHER PARTICIPANTS, IF ANY, WHO MEET THE CRITERIA TO EARN THAT PRIZE.
ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CHALLENGE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, ADMINISTRATOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
BY PARTICIPATING IN THIS CHALLENGE, YOU, ON BEHALF OF YOURSELF AND YOUR NEXT OF KIN, SPOUSE, GUARDIANS, HEIRS, AND LEGAL REPRESENTATIVES, FOREVER RELEASE, HOLD HARMLESS, COVENANT NOT TO SUE, AND DISCHARGE, ADMINISTRATOR, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, “RELEASEES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, LOSS, ACTIONS OR CAUSE OF ACTION, AND COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) (COLLECTIVELY, “CLAIMS”), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY NOW OR LATER HAVE, ARISING FROM OR RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE CHALLENGE. YOUR FOREGOING WAIVER AND RELEASE INCLUDES, WITHOUT LIMITATION, ALL CLAIMS ARISING FROM OR RELATED TO: (A) THE NEGLIGENCE OF ANY RELEASEE OR ANY THIRD PARTY; (B) PHYSICAL AND/OR MENTAL INJURY, HARM, DAMAGES, DISABILITY, SICKNESS, ILLNESS, DEATH, AND/OR OTHER OR LOSS TO YOU OR YOUR PROPERTY; (C) LOST, LATE, MISDIRECTED, DAMAGED, STOLEN, ALTERED, GARBLED, FRAUDULENT, INCORRECT, INCOMPLETE, OR DELAYED PARTICIPATIONS; (D) RECEIPT, USE, OR MISUSE OF THE PRIZE; (E) ERRORS OR MALFUNCTIONS OF ANY EQUIPMENT, COMPUTER, ONLINE SYSTEMS, SERVERS, PROVIDERS, OR COMPUTER HARDWARE OR SOFTWARE FAILURES; (F) THIRD-PARTY INTERVENTION INTO THE CHALLENGE OR OTHER TECHNICAL OR HUMAN ERRORS OR MALFUNCTIONS OF ANY KIND; (G) USE OF THE WEBSITE ON WHICH THE CHALLENGE IS CONDUCTED; (H) THE CANCELLATION, SUSPENSION, OR MODIFICATION OF THE CHALLENGE OR THE DISQUALIFICATION OF ANY PARTICIPANT OR PARTICIPANT’S CLAIMING OF A PRIZE; AND (I) BREACH OF CONTRACT; AND/OR (I) INFLICTION OF EMOTIONAL DISTRESS; DEFAMATION, FALSE LIGHT, COMMON LAW OR STATUTORY MISAPPROPRIATION, INVASION OR OTHER VIOLATIONS OF ANY ACTUAL OR PURPORTED RIGHT OF PRIVACY AND/OR PUBLICITY.
RESIDENTS OF CALIFORNIA OR STATES WITH SIMILAR LAW: IF YOU ARE A RESIDENT OF CALIFORNIA, OR OF A STATE WITH A LAW SUBSTANTIALLY SIMILAR TO SECTION 1542 OF THE CALIFORNIA CIVIL CODE, THEN YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS AFFORDED BY CALIFORNIA CIVIL CODE SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND YOU DO SO UNDERSTANDING AND ACKNOWLEDGING THE SIGNIFICANT OF SUCH SPECIFIC WAIVER THEREOF. SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA STATES AS FOLLOWS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THUS, NOTWITHSTANDING THE PROVISIONS OF SECTION 1542 OR YOUR STATE’S SUBSTANTIALLY SIMILAR LAW, AND FOR THE PURPOSE OF IMPLEMENTING A FULL AND COMPLETE RELEASE AND DISCHARGE OF RELEASEES, YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASE GRANTED BY YOU BY THESE RULES IS INTENDED TO INCLUDE IN ITS EFFECT, WITHOUT LIMITATION AND WITH RESPECT TO THE ENTIRETY OF THE RELEASE HEREIN, ALL CLAIMS NOT KNOWN OR SUSPECTED BY YOU AND ALL FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU CURRENTLY KNOW OR BELIEVE TO BE TRUE, AND THAT THIS RELEASE CONTEMPLATES THE EXTINGUISHMENT OF ANY SUCH CLAIMS WHICH YOU MAY HAVE AGAINST ANY RELEASEES. ALL PROVISIONS OF THESE RULES APPLICABLE TO SECTION 1542 WILL APPLY WITH FULL FORCE AND EFFECT TO YOUR STATE’S SUBSTANTIALLY SIMILAR PROVISION
ASSUMPTION OF RISK. PARTICIPANT UNDERSTANDS AND AGREES THAT THE PHYSICAL ACTIVITY OF RUNNING (THE “ACTIVITY”) IS INHERENTLY HAZARDOUS AND DANGEROUS, AND THAT AS A CONSEQUENCE OF ENGAGING IN THE ACTIVITY, PARTICIPANT MAY BE SERIOUSLY, PHYSICALLY AND/OR MENTALLY, HURT, INJURED, DAMAGED, HARMED, DISABLED, SUFFER OTHER DAMAGES TO PARTICIPANT’S OR MY PROPERTY, SUFFER OTHER LOSSES NOT LISTED HEREIN, AND/OR DIE. PARTICIPANT UNDERSTANDS THAT THE FOREGOING LIST IS NOT EXHAUSTIVE AND THAT OTHER RISKS, KNOWN OR UNKNOWN, IDENTIFIED OR UNIDENTIFIED, ANTICIPATED OR UNANTICIPATED, MAY RESULT FROM PARTICIPANT’S ENGAGING IN THE ACTIVITY. PARTICIPANT FREELY AND VOLUNTARILY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ENGAGING IN THE ACTIVITIES. PARTICIPANT FURTHER AGREES, ACKNOWLEDGES, AND RESTATES THAT THE FOREGOING RELEASE OF THE RELEASEES STATED HEREIN APPLIES IN FULL FORCE AND EFFECT TO PARTICIPANT’S ENGAGING IN THE ACTIVITIES.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN OR OTHERWISE, THE RELEASED PARTIES WILL BE LIABLE FOR ANY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE, LOST BUSINESS, ANTICIPATED PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, AND/OR ANY MONETARY AMOUNT IN EXCESS OF THE ESTIMATED RETAIL VALUE OF THE PRIZE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
By participating in this Challenge, you indemnify, defend, and hold harmless Administrator from and against any all third party Claims related to or caused in any way by your: (a) breach or violation of these Rules or of any representation, warranty, or provision contained herein or otherwise made in connection with the Challenge; (b) causing physical and/or mental injury, harm, damage, disability, illness, death, loss, or damage to any third party; (c) violation of or infringement upon the rights of any third party; or (d) violation of any applicable law, rule, or regulation.
Participants consent to personal jurisdiction in the State of Texas. Any and all disputes arising from or relating to this Challenge, these Rules (including their construction, validity, and enforceability), the Prize, and all rights and obligations hereunder, will be governed by the laws of the State of Texas, without giving effect to conflict of law principals. Participants agree that the appropriate State or Federal Court located in Travis County, Texas will have exclusive jurisdiction over any and all disputes, suits, issues, or claims relating to the Challenge.
NO THIRD PARTY ENDORSEMENT:
This Challenge is in no way sponsored, endorsed or administered by any person or entity other than the Administrator.
RULES; PARTICIPANTS LIST; QUESTIONS:
To receive a complete list of participants, a copy of these Rules, within thirty (30) days after the end of the Challenge Period, send a self-addressed stamped envelope to: Chive Media Group, LLC, attn. Challenge Participant List, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The Participant list will be mailed approximately fourteen (14) days after receipt of requests therefor. For any questions about this Challenge, contact Administrator at the preceding address.