"AfterShokz Fit For Fall Challenge"
Contest Official Rules
Dates: November 4 – November 13, 2021
"AfterShokz Fit For Fall Challenge"
Contest Official Rules
Dates: November 4 – November 13, 2021
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES, D.C. AND CANADA (EXCLUDING QUEBEC) WHO ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID IN QUEBEC AND WHERE PROHIBITED.
1. DATES OF SWEEPSTAKES
Sweepstakes begins at 12:00:01am Eastern Day Time ("EDT") on November 4, 2021 and ends at 11:59:59pm PST on November 13, 2021 (the "Sweepstakes Period").
The AfterShokz Fit For Fall Challenge Sweepstakes (the “Sweepstakes”) is open only to persons who complete the AfterShokz Fit For Fall Challenge, and as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of the fifty (50) United States, the District of Columbia or Canada (excluding Quebec) and who are 18 years of age or older and of the legal age of majority in the jurisdiction in which he or she resides. Officers, directors, managers, and employees of AfterShokz LLC (“Sponsor”) and each of the companies identified in Section 12 below (each a "Prize Provider" and collectively, the "Prize Providers"), and each of their respective parents, subsidiaries, affiliates and related companies and their respective advertising and promotion agencies, consultants and agents, as well as immediate family members and/or those living in the same household of each such person, and any others engaged in the development, production, execution or distribution of this Sweepstakes (collectively with Sponsor and Prize Providers, the "Sweepstakes Entities") are not eligible to participate. "Immediate family member" shall be deemed to mean husband, wife, domestic partner, children, mother, father, sister, sister in-law, brother or brother in-law.
Sweepstakes may only be entered in or from the fifty (50) United States, the District of Columbia and Canada (excluding Quebec) and entries originating from any other jurisdiction are not eligible for entry. All federal, state and local laws and regulations apply.
3. HOW TO ENTER
To enter this Sweepstakes, entrants must visit the link provided after completion of the challenge (“Landing Webpage”) and complete the online entry form to receive one (1) entry into the Sweepstakes by submitting his/her/their first name, last name, email address, country and preliminary confirmation of his/her/their eligibility. The entry form must be completed in its entirety to be eligible to win. Further information may be required to verify Entrant's eligibility. Upon clicking the "Submit" button, Entrant will receive entry into the Sweepstakes. All online entry forms must be received by 11:59:59pm PST on November 13, 2021.
Each Entrant is limited to one (1) entry. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant's entry and that Entrant may be disqualified from the Sweepstakes. Entries submitted by anyone other than the Entrant are void. In case of dispute as to the identity of any Entrant, entry will be declared made by the registered name and email address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner.
Neither Sponsor nor any of the Sweepstakes Entities is responsible for any entry that is late, illegible, incomplete, invalid, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
4. WINNER SELECTION, NOTIFICATION AND CLAIM
The potential winners will be selected in a random drawing within five (5) working days of the sweepstakes entry period closing, from all eligible entries received by the Sponsor. Odds of winning depend on the number of eligible entries received for the Sweepstakes. By entering the Sweepstakes, Entrants fully and unconditionally agree to be bound by these Official Rules and the decisions of the Sponsor, which will be final and binding in all matters relating to the Sweepstakes.
Potential winner will be notified via email (sent to the e-mail address provided by the entrant when entering), by a representative of the Sponsor within five (5) working days of the sweepstakes entry period closing (the "Notification"). If the initial notification requires a response, the potential winner must respond to Sponsor’s initial notification attempt within forty-eight (48) hours. The potential winner is subject to verification of eligibility and may, in Sponsor’s discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability or an Affirmation of Eligibility/Release of Liability, as determined by Sponsor, and, if legally permissible, a Publicity Release (collectively, a “Declaration and Release” for residents of Canada), and any other documentation provided by Sponsor in connection with verification of the potential winner’s eligibility and confirmation of the releases and grant of rights set forth herein (as applicable, “Winner Verification Documents”), within seven days of attempted delivery of same. The potential winner, if a U.S. resident, may also in Sponsor’s discretion be required to complete and return to Sponsor an IRS Form W-9 within seven days of attempted delivery of same.
If the potential winner fails to respond to the email Notification or return the Paperwork within the date and time indicated in the Notification, or is found to be ineligible, or if he/she does not comply with the Official Rules, such potential winner and his/her entry will be disqualified and another potential winner will be selected from the remaining eligible entries received. If the Notification is returned as undeliverable, this will result in disqualification and an alternate winner will be selected from all remaining eligible entries.
After the Paperwork is received, the prize will be sent from each Sponsor via email, UPS, USPS or FedEx. The value associated with the prize is taxable as income and the winner is solely responsible for any taxes, including, but not limited to all applicable federal, state and local taxes that become due with respect to the value of the prize. The Sponsor must report the value of the prize to the Internal Revenue Service in the year the prize is received by the winner and will be reported to the winner and the Internal Revenue Service in the form of a Form 1099.
Ten (10) prizes will be awarded each consisting of: One (1) AfterShokz Aeropex Open-Ear Headphone, One (1) Custom Embroidered AfterShokz Running Cap.
Total approximate retail value ("ARV") of each prize is $198.
6. PRIZE RESTRICTIONS
All prizes are not transferable or assignable and cannot be exchanged for substitutions or cash redemptions, except at Sponsor's sole discretion or as otherwise provided herein. Sponsor will not replace any lost or stolen prizes. In the case of unavailability of any prize, Sponsor reserves the right to substitute a prize of equal or greater value. Prize winner is solely responsible for all applicable federal, state and local taxes, including taxes imposed on his/her income. No more than the stated number of prizes set forth in these Official Rules will be awarded. Potential prize winner consents to the use of his/her name, likeness, biographical information, and voice in advertising worldwide without additional compensation (TN residents will not be required to sign a Publicity Release as a condition of winning a prize). All elements of the prize are awarded “as is” with no warranty or guarantee, expressed or implied, being provided by Sponsor or Prize Providers.
This Sweepstakes is conducted in English. In the event of any discrepancy or inconsistency between the terms and conditions of these English Official Rules and any other statements contained in any Sweepstakes-related materials, including, but not limited to: any entry form, survey, and/or point of sale, television, print or online advertising; the terms and conditions of these English Official Rules shall prevail, govern and control. All federal, state and local taxes are the sole responsibility of the winner. By participating in this Sweepstakes, Entrants and winner agree to be bound by these Official Rules and the decisions of the Sponsor, which are final in all respects and not subject to appeal. Sponsor reserve the right to verify eligibility of Entrants and disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules. Neither Sponsor nor anyone acting on their behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants, and winner release the Sponsor, Prize Providers, and all other Sweepstakes Entities, from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of any prize awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. All Sweepstakes materials are subject to verification and are void if (a) not obtained in accordance with these Official Rules and through legitimate channels, (b) any part is counterfeited, altered, defective, damaged, illegible, reproduced, tampered with, mutilated or irregular in any way, (c) are obtained where prohibited, or (d) they contain printing, typographical, mechanical, or other errors. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. In the event any portion of this Sweepstakes is compromised by activities beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play of this Sweepstakes, Sponsor reserve the right at their sole discretion to modify, suspend or terminate the Sweepstakes. Winning a prize constitutes permission for Sponsor and their agencies and licensees to use prize winner’s name, address (city & state), voice and/or likeness for purposes of advertising, promotion and publicity, for this Sweepstakes only, without further compensation, unless prohibited by law. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in their sole discretion, they determine that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, Sponsor, or Sweepstakes Entities. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserve the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award prizes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. SPONSOR'S FAILURE TO ENFORCE ANY TERM OF THESE OFFICIAL RULES SHALL NOT CONSTITUTE A WAIVER OF THESE PROVISIONS.
8. NO LIABILITY
By participating, Entrants and winner agree to release, discharge, indemnify and hold harmless the Sponsor, Prize Providers, and all other Sweepstakes Entities, and each of their respective officers, directors, employees, representatives, independent contractors and agents from and against any claims made by any Entrant, prize winner, or any other third parties, related in any way to the operation of this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, acceptance, possession, misuse or use of a prize or participation in any promotion related activity or participation in this Sweepstakes.
9. USE OF DATA
U.S.: Personal information supplied is subject to applicable data protection laws and Sponsor's Privacy Notice at https://aftershokz.com/pages/policies. By entering the sweepstakes, entrants acknowledge that they have read Sponsor's Privacy Notice and hereby agree to Sponsor’s collection and use of their personal information in accordance with such laws and Privacy Notice. Entrants agree to Sponsor’s collection and usage of their personal information and consent to receiving promotional and marketing materials from any of the Sponsor in the future.
Canada: Sponsor and its authorized agents will collect, use, and disclose the personal information entrants provide when entering the sweepstakes for the purposes of administering the sweepstakes and prize fulfillment, providing winners lists, as well as to meet legal obligations. Entrants’ personal information may be stored on servers located in the United States, and may be subject to the laws of the United States.
To request the name of the winner, send an email to firstname.lastname@example.org or send a self-addressed, stamped envelope to: AfterShokz, 3200 Gracie Kiltz Lane, Suite 400, Austin, TX 78758.
11. PRIZE PROVIDERS
This Sweepstakes is sponsored by AfterShokz LLC, 3200 Gracie Kiltz Lane, Suite 400, Austin, TX 78758.
All questions regarding the Official Rules and the Sweepstakes shall be directed to AfterShokz LLC by means provided on the Landing Webpage. AfterShokz LLC has full authority and sole discretion to enforce, explain, and adjudicate under the Official Rules.