THIS CONTEST IS SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS. YOUR ENTRY INTO THIS CONTEST CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THESE RULES, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS CONTEST 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 ENTRY SET FORTH BELOW WOULD BE DEEMED CONSIDERATION.
This Contest is administered by Resignation Media, LLC (“Administrator”). The decisions of Administrator are final and binding in all matters relating to the Contest. If an Entrant is found to be ineligible, an alternate winner may be selected from the pool of eligible Entries.
Subject to these Rules, the Contest 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 entry. Employees of Administrator and/or it parent, subsidiaries, and affiliates, and employees of any advertising or promotion agencies or any other entity involved in the sponsorship, development, or administration of the Contest (collectively, the “Contest Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) or household members are not eligible to participate in or win the Contest. Entry in the Contest constitutes the Entrant’s full and unconditional agreement to these Rules. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Entrants may be required to provide proof of residency and eligibility upon request.
The Contest begins on September 13, 2017 at approximately 12:00 AM Central Standard Time (“CST”) and ends on October 27, 2017 at 11:59 PM Central Standard Time (the “Contest Period”).
CrowdRise’s time-stamp record keeping will serve as the official time keeping device for the Contest Period.
HOW TO ENTER:
To Enter the Contest as an “Entrant,” during a Contest Period, create an account through CrowdRise for the Chive K Virtual 5 K Race (the “Account”) and register for the run to be entered.
If your entry into this Contest requires use of a third party website, you may also be 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.
WINNERS AND PRIZE SELECTION:
a. Winners and Prizes. Winners of the Contest will be determined, and corresponding Prizes will be awarded, as follows:
• Each Entrant who raises $250 on his/her Account will win a Chive Charities T-shirt ($30 approximate retail value).
• Each Entrant who raises $500 on his/her Account will win 5,000 Chive points to used on The Chivery ($50 approximate retail value)
• The first twenty (20) Entrants who raise $1,000 on their Account will have a customized voicemail message recorded by John Resig ($100 approximate retail value)
• The first ten (10) Entrants who raise $2,500 through their Account will win items from the William Murray Golf Head to Toe Spring Line Package ($400 approximate retail value)
• The first five (5) Entrants who raise $5,000 through their Account will win up to $1,000 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 Entrants raise each specified amount.
b. Accepting Prizes. To accept and claim the respective Prize, each Winner must:
1. Meet all Contest eligibility requirements;
2. Raise for Chive Charities the requisite amount corresponding to that particular Prize;
3. Respond to the Administrator to claim the Prize within five (5) days of being notified by the Administrator that you are a Winner;
4. Provide Administrator with all information requested to arrange for you to claim the Prize; and
5. Be ready, willing, and able to claim all aspects of the Prize.
Each Winner 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 Winner may be required to execute and return (and winning may be conditioned upon the winner 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 winner will be selected. Each Winner may be required in Administrator’s sole discretion to complete relevant tax forms as a condition to the delivery of the applicable prize. Each Winner may also be required to furnish proof of identity, address and birth date in order to receive a Prize.
c. Prize Limitations
Administrator will not be obligated to award any prizes other than the Prizes specified in these Rules. The Prizes have no cash value and are non-transferable and no substitutions (including, without limitation, for cash) are permitted, except that Administrator reserves the right to substitute a prize of equal or greater monetary value for any Prize if such Prize becomes unavailable for any reason. If due to a printing, production or other error, more Prizes are claimed than are intended to be awarded for any set Prize, the intended Prizes will be awarded in a random drawing from among all verified and validated Prize claims received. In no event will more than the stated number of Prizes be awarded.
EACH PRIZE IS AWARDED “AS IS” AND ADMINISTRATOR DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ANY AND ALL, REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRIZE(S), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
a. Contest Release. BY ENTERING THIS CONTEST, YOU AGREE TO ABIDE BY ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS. BY ENTERING THIS CONTEST, YOU ALSO AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS CONTEST ENTITIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, JUDGMENTS, DAMAGES, LOSS, ACTIONS OR CAUSE OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEY FEES) RELATING TO OR ARISING OUT OF: (A) THE CONTEST, THE PRIZE, AND/OR THE INABILITY TO PARTICIPATE IN ANY OF THE FOREGOING; (B) ENTRY IN THE CONTEST; (C) RECEIPT OF, USE OR MISUSE OF, THE PRIZE; (D) LOST, LATE, MISDIRECTED, DAMAGED, STOLEN, ALTERED, GARBLED, INCORRECT, INCOMPLETE OR DELAYED ENTRIES, ALL OF WHICH WILL BE VOID; (E) UNAUTHORIZED THIRD-PARTY INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE CONTEST; (F) PROBLEMS RELATED TO TECHNICAL MALFUNCTIONS OF ELECTRONIC EQUIPMENT, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER HARDWARE OR SOFTWARE FAILURES, PHONE LINES, FAILURE OF ANY ENTRY TO BE RECEIVED BY RESIGNATION ON ACCOUNT OF TECHNICAL PROBLEMS, TRAFFIC, CONGESTION ON THE INTERNET OR THE WEBSITE, OR FOR ANY OTHER TECHNICAL PROBLEMS INCLUDING TELECOMMUNICATION, MISCOMMUNICATION OR FAILURE, AND FAILED, LOST, DELAYED, INCOMPLETE, GARBLED, OR MISDIRECTED COMMUNICATIONS WHICH MAY LIMIT AN ENTRANT’S ABILITY TO ENTER IN THIS CONTEST OR CLAIM THE PRIZE ; (G) AND ANY OTHER ERRORS OR MALFUNCTIONS OF ANY KIND, WHETHER NETWORK, PRINTING, TYPOGRAPHICAL, HUMAN OR OTHERWISE RELATING TO OR IN CONNECTION WITH THE CONTEST OR PRIZE, INCLUDING, WITHOUT LIMITATION, ERRORS OR MALFUNCTIONS WITH MAY OCCUR IN CONNECTION WITH THE ADMINISTRATION OF THE CONTEST OR THE PRIZE, THE PROCESSING OF ENTRIES, THE ANNOUNCEMENT OF THE PRIZE OR IN ANY CONTEST-RELATED MATERIALS; (H) CANCELLATION, SUSPENSION, OR MODIFICATION OF THE CONTEST OR THE PRIZE; AND (I) DISQUALIFICATION OF ANY ENTRY.
b. Assumption of Risk. ENTRANT 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, ENTRANT MAY BE SERIOUSLY, PHYSICALLY AND/OR MENTALLY, HURT, INJURED, DAMAGED, HARMED, DISABLED, SUFFER OTHER DAMAGES TO ENTRANT’S OR MY PROPERTY, SUFFER OTHER LOSSES NOT LISTED HEREIN, AND/OR DIE. ENTRANT UNDERSTANDS THAT THE FOREGOING LIST IS NOT EXHAUSTIVE AND THAT OTHER RISKS, KNOWN OR UNKNOWN, IDENTIFIED OR UNIDENTIFIED, ANTICIPATED OR UNANTICIPATED, MAY RESULT FROM ENTRANT’S ENGAGING IN THE ACTIVITY. ENTRANT FREELY AND VOLUNTARILY ASSUMES ANY AND ALL RISKS ASSOCIATED WITH ENGAGING IN THE ACTIVITIES. ENTRANT FURTHER AGREES, ACKNOWLEDGES, AND RESTATES THAT THE FOREGOING RELEASE OF THE RELEASEES STATED HEREIN APPLIES IN FULL FORCE AND EFFECT TO ENTRANT’S ENGAGING IN THE ACTIVITIES.
c. Injury and Damages Release. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH ENTRAN ON BEHALF OF HIMSELF/HERSELF AND HIS/HER HEIRS, NEXT OF KIN, SPOUSE, GUARDIANS, LEGAL REPRESENTATIVES, EMPLOYEES, EXECUTORS, ADMINISTRATORS, AGENTS, SUCCESSORS AND ASSIGNS (THE “RELEASING PARTIES”) IRREVOCABLY AND FOREVER RELEASE, INDEMNIFY, COVENANT NOT TO SUE, AND HOLDS HARMLESS THE RELEASED PARTIES FROM ANY AND ALL PHYSICAL AND/OR MENTAL INJURY, DAMAGES, HARM, DISABILITY, ILLNESS, DEATH, LOSS TO MY PERSON OR PROPERTY, OR OTHER LOSSES NOT LISTED HEREIN, LIABILITIES, OTHER INJURIES, RISKS, CLAIMS, SUITS, DEMANDS, ACTIONS OR CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, FEES (INCLUDING COURT COSTS AND REASONABLE ATTORNEY’S FEES), DEBTS, AND JUDGMENTS, IN LAW OR IN EQUITY, KNOWN OR UNKNOWN, FORSEE OR UNFORSEEN, IDENTIFIED OR UNIDENTIFIED, (COLLECTIVELY, “CLAIMS”), WHICH RELEASING PARTIES NOW HAVE OR MAY LATER HAVE, ARISING FROM, RELATING TO, OR OCCURRING FOR ANY REASON IN CONNECTION WITH THE CONTEST OR THE ACTIVITY, INCLUDING WITHOUT LIMITATION, CLAIMS ARISING FROM OR RELATING TO: (I) ANY ACT OR OMISSION OF ANY RELEASED PARTY OR OTHER PARTICIPANT IN THE CONTEST; (II) ENTRANT’S OWN ACTIONS; (III) THE ACTIONS OF ANY UNRELATED THIRD PARTIES; (IV) THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, STATUTORY FAULT, OR STRICT LIABILITY OF ANY RELEASED PARTY OR ANY; (IV) PRODUCTS LIABILITY, BREACH OF CONTRACT, LIBEL, SLANDER, DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY OR PERSONALTY, MISAPPROPRIATION, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, AND INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, OR ANY OTHER INTELLECTUAL PROPERTY.
d. 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.
CANCELLATION AND DISQUALIFICATION:
Resignation reserves the right to cancel, suspend and/or modify the Contest, or any part thereof, if any fraud, delay, technical failures or any other factor beyond Resignation’s reasonable control impairs the integrity or proper functioning of the Contest or the Prize, as determined by Resignation in its sole discretion. In such event, Resignation reserve the right, in its sole discretion, to award the Prize based on eligible Entries received up to the time of the impairment. Mass Entries generated by a script, macro, or use of automated devices will be disqualified. Resignation reserves the right to modify, suspend or terminate the Contest in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Contest in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity, or proper functioning of the Contest and, if terminated, at Resignation’ sole discretion, determine the winner using all non-suspect, eligible Entries received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple Entrants, the authorized subscriber of the respective social media account at the time of entry will be deemed to be the entry and must comply with these Rules. An authorized subscriber is the natural person who is assigned the respective account by the respective provider thereof. Resignation reserves the right, at its sole discretion, to disqualify any individual and void his/her entry if it finds that individual to be tampering with the entry process or the operation of this Contest or intending to annoy, abuse, threaten or harass any other Entrant, the Contest Entities (or any of its employees or representatives), or to otherwise be acting in violation of these Rules. Failure to comply with these Rules may result in disqualification from the Contest and a disqualification of entries. Resignation reserve the right to permanently disqualify any person it believes or has reason to believe violated these Rules.
ANY ATTEMPT BY ANY PERSON TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, RESIGNATION RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering the Contest you consent and grant permission (except where prohibited by law) to the Contest Entities to use, in perpetuity throughout the world, in any and all media now or hereafter devised, in the Contest Entities’ sole discretion, your, name, image, likeness, social media account name, hometown, Prize, social media account postings (including, without limitation, Twitter and Instagram) in connection with the Contest, the Prize, or any other Contests, prizes, products, services, websites (including social media accounts) offered, owned, or operated by any of the Contest Entities and the advertising, marketing, and promotion thereof, without any additional compensation or notification to, or permission from, you.
Entrants consent to personal jurisdiction in the State of Texas. Any and all disputes arising from or relating to this Contest, 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. Entrants 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 Contest.
NO THIRD PARTY ENDORSEMENT:
This Contest is in no way sponsored, endorsed or administered by any person or entity other than the Administrator.
RULES; WINNERS LIST; QUESTIONS:
To receive a complete list of winners, a copy of these Rules, within thirty (30) days after the end of the Contest Period, send a self-addressed stamped envelope to: Resignation Media, LLC, attn. Contest Winner List, 98 San Jacinto Blvd., Suite 160, Austin, TX 78701. The Winner list will be mailed approximately fourteen (14) days after receipt of requests therefor. For any questions about this Contest, contact Administrator at the preceding address.