Boise Bike Share Terms
Official rules for the #stayactiveboise contest.
- ELIGIBILITY: The #stayactiveboise ("Contest") is open to all persons who are 18 years of age or older or the age of majority in their place of residence at the time of entry ("Contestant"). Contestant may not be a national or legal permanent resident of the province of Quebec (Canada) or the following countries: Burma, Cuba, Iran, North Korea, Sudan or Syria. Contestants may not be members of any guild, union or other organization that may prohibit them from participating in this Contest and that would restrict, require due payment or otherwise have the right to oppose such Contestant's participation in this Contest. Employees, contractors, members, and agents of Bodybuilding.com, LLC and Liberty Media Corporation, and members of their immediate family (including spouses, parents, siblings, children and their respective spouses) and persons living in the same household with any such individuals are ineligible. In order to be eligible, Contestant must follow these Rules. Failure to comply with these Rules will result in ineligibility of Contestant. This Contest is void where prohibited or restricted by law.
- SPONSOR: This Contest is sponsored by Bodybuilding.com, LLC, located at 5777 N. Meeker Ave., Boise, Idaho 83703 ("Sponsor"). This Contest is not sponsored, endorsed or administered by or associated with Instagram, Twitter or Facebook.
- ENROLLMENT PERIOD: The Contest Enrollment Period begins at 12:01 a.m. MDT on Wednesday, May 13, 2015 and ending 11:59 p.m. MDT on Friday, May 12, 2018 (the "Enrollment Period").
- HOW TO ENTER: During the Enrollment Period, Contestant must upload an inspiring picture of staying active in Boise, Idaho ("Submission") through Instagram, Twitter or Facebook using the hashtag #stayactiveboise and tag @bodybuilding.com. All submissions must be publicly viewable to be judged for the Contest. Only one entry per person will be accepted; all subsequent entries will be disregarded and Sponsor reserves the right to disqualify any Contestant in their sole discretion. False, deceptive or incomplete entries shall render the Contestant ineligible.
- PHOTOS: By submitting a photo, Contestant assigns all right, title and interest to Sponsor and on their behalf or on behalf of the copyright holder (if different from Contestant). Sponsor is not obligated to publish a credit to the original copyright holder for the publication of the photo. Contestant agrees to hold Sponsor harmless, defend, and indemnify Sponsor from any and all liabilities, loss, claims, or causes of actions, including reasonable attorneys' fees and expenses that may be incurred by Sponsor, arising out of or relating to Contestant's breach of any representation or warranty related to the photo or any other violation of these Rules.
- JUDGING CRITERIA: All eligible Submissions will be judged by Sponsor, in its sole discretion, and whose decisions are final and binding in all matters relating to the Contest. Submissions will be judged based on the following criteria: (a) creativity and originality of the photo, and (b) the best representation of staying healthy in Boise, Idaho ("Judging Criteria").
- WINNER SELECTION: On or about the last day of each month, one (1) Contestant will be selected to win the Prize ("Prize Selected Contestant") will be selected based on the Judging Criteria to receive Prizes as described below. Sponsor's decisions will be final and binding in all matters related to this Contest. The Selected Contestant will be notified through Instagram, Twitter or Facebook using the username(s) associated with the Submission. Sponsor shall have no liability for any notification to Selected Winner that is lost, intercepted, delayed, or not received by the potential winner for any reason.
- PRIZE: The Prize Selected Contestant will receive One Hundred Dollars (U.S.) in credit for use in purchasing products on the BodyBuilding.com website. The approximate retail value of the Prize is $100.00 U.S. In the event the Prize is unavailable for any reason, Sponsor reserves the exclusive right to substitute any prize with another prize of equal or greater value. The value of the Prize set forth above represents Sponsor's good faith determination of the approximate retail value thereof, and the actual fair market value, as ultimately determined by Sponsor, which is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a Prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. Each Prize Selected Contestant is solely responsible for the reporting and payment of any applicable federal, state, and/or local taxes on the prize.
- LANGUAGE: The official version of these Official Rules is the English language version. In the event of contradictions or discrepancies between different language versions of these Official Rules, the English language version takes precedent. Contestants must submit all materials and information in English. Sponsors are not responsible for translation of any submissions or information provided in another language. Failure to submit required information in English may result in disqualification.
- GENERAL: By accepting a prize hereunder, Contestant agrees: (a) to release Sponsor, their agents, Instagram, Twitter and Facebook from all liability, loss or damage arising out of or relating to the Contest, including with respect to the Contest, interpretation of these Rules, decisions by the Sponsor, their acceptance and use/misuse of the prize; (b) to be bound by these Rules and comply with all Sponsor requirements; and (c) that Sponsor, their affiliates and licensees may use Contestant's names, personal information, and statements made by Contestant to Sponsor and information on the entry form for advertising and promotional purposes in all media worldwide without additional compensation. Contestant irrevocably grants to Sponsor the right to edit, modify and/or publish and copyright any Contestant images. Sponsor does not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose. Contestant agrees that Sponsor has the right to substitute any prize within their sole discretion.
- PERSONAL INFORMATION: Any personal information that Contestant submits in connection with the Contest will be collected and used by the Sponsor and their authorized agents to administer the Contest and to award prizes. Contestant's personal information may also be used to send additional information about Sponsor, affiliates and licensees, and each of their respective products and programs via electronic and ordinary mail. Except as set forth herein, Contestant's personal information will not be used for any other purpose and will not be shared with anyone else unless required by law.
- RELEASE: In consideration of the acceptance of Contestant's entry in the Contest and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contestant hereby takes action for themselves, their executors, administrators, agents, representatives, spouse, children, heirs, next of kin, successors, and assigns, and acknowledges and agrees as follows: (a) to be bound by the Rules; (b) that participation in the Contest is voluntary; (c) Contestant is of the age of majority in their respective jurisdiction; (d) Contestant is of sound mind and body and has not been advised otherwise by qualified medical person; (e) Contestant possesses all rights and faculties necessary to execute, deliver and perform this agreement; (f) certifies that Contestant meets all eligibility requirements as set forth in the Rules, which Contestant has read, understand, and agrees to; and (g) Contestant is fully aware and assume the risk of illness, accidents, injury, death, personal injury, bodily harm, emotional stress, psychological harm, property damage and all dangers potentially arising from or in connection with participation in the Contest.
Further, Contestant irrevocably grants to Sponsor the right to edit, modify and/or publish and copyright any recordings, photos or materials submitted by Contestant in conjunction with the Contest. Sponsor does not make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize, including, without limitation, quality, merchantability and fitness for a particular purpose.
- DISCLAIMER AND RELEASE OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate entry information, human error, technical malfunction, failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, servers, access providers, or software, including any injury or damage to Contestant's or any other persons' computer relating to or resulting from participation in this Contest; inability to access the website or any pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of entries; entry submissions that are processed late or incorrectly or are incomplete, garbled, or lost due to computer or electronic malfunction or traffic congestion on the Internet or any website. Proof of entering information at website is not considered proof of delivery or receipt. All dates (if any) set forth in these Rules are approximate.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, SPONSOR SHALL NOT BE LIABLE TO CONTESTANT OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS), EVEN IF SPONSOR HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SPONSOR RESERVES THE RIGHT TO TERMINATE, SUSPEND, WITHDRAW OR AMEND THE CONTEST FOR ANY REASON.
- GOVERNING LAW; JURISDICTION: This Contest will be governed by and construed in accordance with the laws of the state of Idaho without regard to conflict of law principles. Any controversy arising under, in connection with or in any way relating to this Giveaway shall be adjudicated before a state or federal court of competent jurisdiction located in Boise, Ada County, Idaho. Contestant and Sponsor: (i) accept, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court, and irrevocably agree to be bound by any judgment rendered thereby in connection with this Contest, and (ii) irrevocably waive any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.
- EU CONTESTANTS: For Contestants from Member States of the European Union, mandatory national law may apply in some cases.