NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID IN RHODE ISLAND AND WHERE PROHIBITED BY LAW.
Wahoo Fitness (“Sponsor”) from time to time may offer spontaneous giveaways (each, a “Giveaway”) hosted on the Wahoo Fitness website, www.wahoofitness.com; or the Wahoo Fitness Facebook page, www.facebook.com/wahoofitness; the Wahoo Fitness Twitter account, @wahoofitness; or the Wahoo Fitness Instagram account, @wahoofitnessofficial (each, a “Location”). For each giveaway, Sponsor will provide details of (i) when entries will be accepted (“Entry Period”), (ii) any additional entry requirements, (iii) how winners will be selected and notified, and (iv) number of prize(s), prize description and value, at the Location. Those details shall be considered part of and included by reference in these Official Rules.
This Contest (the "Contest") is open to individuals who are at least eighteen (18) years old at the time of entry. Employees of Sponsor (as defined below) and other companies associated with the promotion of the Contest, and their respective parents, subsidiaries, affiliates and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, are not eligible. Void where prohibited by law. All applicable federal, state and local laws apply. By participating in the Giveaway, you agree that: (1) you have read and understand the Official Rules; (2) you meet the Giveaway eligibility requirements as explained in the Official Rules; (3) you unconditionally accept and agree to comply with and abide by the Official Rules and the decisions of Sponsor, whose decisions shall be final and binding in all respects. All entries become the property of the Sponsor and will not be acknowledged or returned.
The Contest is sponsored by Wahoo Fitness, a GA LLC d/b/a Wahoo Fitness ("Sponsor"), located at 90 West Wieuca Rd NE #110, Atlanta, GA 30342.
4. Agreement to Official Rules
Entry in the Contest constitutes entrant's full and unconditional agreement to and acceptance of those Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon being compliant with these Official Rules and fulfilling all other requirements set forth herein and/or required by applicable law.
One (1) prize per person per Giveaway. Prizes will be delivered to winners by email, U.S. mail, or a national overnight carrier (i.e. UPS, FedEx). Winners will be selected from eligible entries received during the Entry Period for each Giveaway. Potential winners will be subject to review of eligibility and compliance with the Official Rules. Entries will be deemed made by the authorized account holder at the time of entry. Odds of winning depend on the number of eligible entries received during the Entry Period for each Giveaway. No prize substitution or transfer is permitted. All federal, state, and other tax liabilities arising from this Giveaway are the sole responsibility of the winner. No more than the stated number and value of any prizes will be awarded.
6. Winner Notification/Validation
The potential winners will be notified by private Facebook message, tagged on the Facebook Giveaway original post, direct message on Twitter, reply to original Giveaway tweet, or tagged on original Instagram Giveaway post. If the potential winner cannot be contacted within five (5) business days after the date of the first attempt to contact him/her, or is disqualified for any reason, the Sponsor may select an alternate potential winner in his/her place. Each winner may be required to execute and return an Affidavit of Eligibility/Release of Liability/Publicity form (where legal) within fourteen (14) days after winner notification is sent. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Affidavit of Eligibility/Release of Liability/Publicity form on the potential winner's behalf and fulfill any other requirements imposed on the winner as set forth herein. Noncompliance within this time period, with these Official Rules or the return of any prize/prize notification may result in disqualification and, at Sponsors' discretion, an alternate potential winner may be selected by random drawing from among all remaining eligible entrants. Potential winners must continue to comply with all terms and conditions of these Official Rules and with applicable law, and winning is contingent upon fulfilling all such requirements. Sponsor will take reasonable steps to ensure that all prizes are fulfilled approximately two (2) weeks after winner validation. Any winner later determined to be ineligible may be required to return his/her prize. Winners are responsible for all taxes applicable to the prizes awarded.
7. Winner’s Name
Entrants agree that their names or any part thereof, and city/town/village of residency, may be used to announce the prize winner and for publication, advertising and promotional purposes. Entrants hereby waive, release, and agree to hold Sponsor harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property, or other claims for any use of information about a winner. It is the sole responsibility of the entrant to notify the Sponsor in writing if the entrant changes his or her email, phone number, or postal address during or shortly after the Entry Period for any Giveaway.
8. General Conditions
In the event that the operation, security, or administration of the Contest is impaired in any way for any reason, including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the even the Contest is unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, the Sponsor may, in its sole discretion, either (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules or (b) terminate the Contest and, in the event of termination, award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. This reserved right is in addition to, and not in lieu of, any other rights and remedies available to Sponsor either in equity or at law. Any attempt by any person to damage the website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, the Sponsor reserves the right to seek damages (including attorney fees) and any other remedies from such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Entrants agree that Sponsor shall not be responsible or liable for any losses, damages, or injuries of any kind resulting, in whole or in part, directly or indirectly, from participation in the Giveaway or any related activity, including, without limitation, from acceptance, receipt, possession and/or use or misuse of any prize.
9. RELEASE AND LIMITATIONS OF LIABILITY
BY ENTERING THE CONTEST, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS THE SPONSOR, OTHER COMPANIES ASSOCIATED WITH THE CONTEST, EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS (THE "RELEASED PARTIES") FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH ENTRY OR PARTICIPATION IN THE CONTEST OR RECEIPT OR USE OF THE PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) ANY TECHNICAL ERRORS ASSOCIATED WITH THE CONTEST, INCLUDING LOST, INTERRUPTED OR UNAVAILABLE INTERNET SERVICE PROVIDER (ISP), NETWORK, SERVER, WIRELESS SERVICE PROVIDER, OR OTHER CONNECTIONS, AVAILABILITY OR ACCESSIBILITY OR MISCOMMUNICATIONS OR FAILED COMPUTER, SATELLITE, TELEPHONE, CELLULAR TOWER OR CABLE TRANSMISSIONS, LINES, OR TECHNICAL FAILURE OR JUMBLED, SCRAMBLED, DELAYED, OR MISDIRECTED TRANSMISSIONS OR COMPUTER HARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES OR DIFFICULTIES; (B) UNAUTHORIZED HUMAN INTERVENTION IN THE CONTEST; (C) MECHANICAL, NETWORK, ELECTRONIC, COMPUTER, HUMAN, PRINTING OR TYPOGRAPHICAL ERRORS; (D)APPLICATION DOWNLOADS, (E) ANY OTHER ERRORS OR PROBLEMS IN CONNECTION WITH THE CONTEST, INCLUDING, WITHOUT LIMITATION, ERRORS THAT MAY OCCUR IN THE ADMINISTRATION OF THE CONTEST, THE ANNOUNCEMENT OF THE WINNER, THE CANCELLATION OR POSTPONEMENT OF THE EVENT AND/OR THE FLYOVER, IF APPLICABLE, THE INCORRECT DOWNLOADING OF THE APPLICATION THE PROCESSING OF ENTRIES APPLICATION DOWNLOADS OR IN ANY CONTEST-RELATED MATERIALS; OR (F) INJURY, DEATH, LOSSES OR DAMAGES OF ANY KIND, TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANTS PARTICIPATION IN THE CONTEST OR ACCEPTANCE, RECEIPT OR MISUSE OF THE PRIZE. ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES' AGGREGATE LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE CONTEST, IF ANY, AND IN NO EVENT SHALL THE ENTRANT BE ENTITLED TO RECEIVE ATTORNEYS FEES OR COSTS OF COURT. RELEASED PARTIES ARE ALSO NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY SITE USERS, TAMPERING, HACKING, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE CONTEST. SPONSOR HEREBY EXPRESSLY DISCLAIMS, AND ENTRANT HEREBY EXPRESSLY WAIVES, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE RIGHT TO CLAIM ANY PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, HOWSOEVER CAUSED, AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH CLAIM MAY BE BASED.
Except where prohibited, each entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in GA, and submits to the personal jurisdiction of such courts, waiving any and all objection thereto, including without limitation objection based on forum non conveniens. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrants rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of GA, without giving effect to any choice of law or conflict of law rules which would cause the application of the laws of any jurisdiction other than GA.
12. Winner List
To request the name(s) of the Contest winner(s), send either: (a) a self-addressed, stamped envelope to [90 West Wieuca Rd NE #110, Atlanta, GA 30342, Attn: Marketing] or (b) an email to [email protected] Winner list requests will only be accepted after the conclusion of the Award Period.
13. Facebook, Twitter and Instagram or not sponsors
Facebook, Twitter and Instagram are not sponsors of and do not endorse any Wahoo Fitness Giveaway.