Giveaway - Terms & Conditions
Tokyobike New York Sweepstakes Terms and Conditions
No purchase or payment required to enter or win. A purchase does not increase your chance of winning.
This sweepstakes (“Promotion”) is only open to legal residents of the United States, the District of Columbia (excluding Rhode Island) and the participating countries in the EU (Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK) who are at least 21 years of age or older upon the date of entry. It is void where prohibited or regulated by law. By entering you agree to be bound and subject to these rules. Any violation of these rules may result in disqualification. All decisions are final and binding in all respects. This Promotion is sponsored by and the sole responsibility of the Sponsor and begins October 13, 2016 at 12:01 AM and ends October 20, 2016 at 11:59pm ET (“Promotion Period”), when all entries must be received.
The Promotion is not open to officers, directors, members, and employees of the Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the United States and the District of Columbia, and where prohibited by law, regulation or any other authority.
Winner Selection and Notification: Winner selection will be conducted by random drawing from all eligible entries on or about October 21, 2016 (the “Drawing Date”). Any potential winner will be notified by mail, email and/or telephone. If a potential winner: cannot be contacted; (ii) does not respond within (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Affidavit and Release; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including, without limitation, the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “winner” of the Promotion.
Prize and Terms: There will be one (1) winner who will receive a Tokyobike x Brooks Limited Edition Mini Velo ($3000 USD value), shipping to a bicycle shop local to the winner (up to $150 USD value) and assembly of the bicycle at said local bicycle shop (up to $100 USD value), and a Rivington Backpack from Brooks England ($325 value) with a total retail value of $3575 USD.
Taxes: All federal, regional, country, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
Odds of Winning: The odds of winning this Promotion depend on the number of eligible entries received. Winner will be chosen at random. No Transfer or Substitution. No prize or any portion thereof is transferable or redeemable for cash, will not be replaced if lost or stolen, and cannot be applied to existing credit balances. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
Content and Release: By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), the Parties and any other party associated with the development, or administration or promotion of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including, without limitation, legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).
Consent & Acceptance: Except where prohibited, entry into the Promotion constitutes the consent of the entrant, without further compensation, to use his/her name, likeness, biographical data, and contact information (including any email address provided by entrant) for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) any potential winner shall be required to sign an affidavit of eligibility (including providing social security number) and a liability/publicity release, including a release of any claims for personal injury or otherwise relating in any way to the receipt of the services or the usage of the products awarded through this Promotion; and (iv) if prize involves travel or activities, any potential winner and travel companion (if applicable) may be required to execute releases of the Sponsor from any and all liability with respect to participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within five (5) days from the date that Sponsor first try to notify the potential winner. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any of the Sponsor Entities, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize will not be awarded to such minor.
Disclaimers: The Parties are not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning email addresses for the domain associated with the submitted email address. (ii) The Parties, in their sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Moreover, use of bots or other automated processes to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) The Parties further reserve the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including (but not limited to) by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, legal or regulatory constraints or technical failures of any sort. (iv) The Parties are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will The Parties be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) Sponsor entities and the parties make no warranties, representations or guarantees, express or implied, in fact or in law, as regards this promotion or the merchantability, quality or fitness for a particular purpose regarding any prize or any component of any prize. (vii) Caution: any attempt by an entrant to deliberately damage the website or undermine the legitimate operation of this promotion may be a violation of criminal and/or civil laws, and should such an attempt be made, sponsor, parties and the parties reserves the right to seek remedies and damages (including without limitation attorneys’ fees) from any such entrant to the fullest extent of the law, including criminal prosecution. (viii) The value(s) of the prize(s) set forth above represent the Parties’ good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by the Parties are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
Applicable Law: This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. Each entrant and (ii) each visitor to the Tokyobike New York website agrees that all disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by an arbiter (not a state or federal court) located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual outofpocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, treble, incidental and/or consequential damages.
Sponsorship: This Promotion is sponsored by and the responsibility of Tokyobike New York, LLC, 1 Prince Street, New York, NY (the “Sponsor”).
The Parties: Tokyobike New York, Tokyobike London, Brooks England and Surface Magazine are referred to collectively herein as the “Parties.”