NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AGES 18 AND OLDER (AND AGE OF MAJORITY IN JURISDICTION OF RESIDENCE) WITH A TWITTER OR INSTAGRAM ACCOUNT. VOID WHERE PROHIBITED BY LAW.
USE CAUTION AND COMMON SENSE WHEN PARTICIPATING IN THIS CONTEST. RESPECT AND ENSURE THE SAFETY OF YOURSELF AND OTHERS. DO NOT TRESPASS OR HARM ANYONE’S PROPERTY.
The “Rusch Hour” contest (“Contest”) call for entry period begins on April 27, 2013 at 12:00:01 a.m. Pacific Time (“PT”) and ends on June 7, 2013 at 11:59:59 p.m. PT (“Promotion Period”). The time shall be determined by Sponsor’s timekeeping systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Contest.
The Contest is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least 18 years of age and the age of majority in their jurisdiction of residence at the time of entry. Void where prohibited. Employees of Red Bull North America, Inc. (“Sponsor”) and its parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (collectively, the “Sponsor Affiliates”), and employees, agents, directors, officers (including members of their immediate family – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or those living in the same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Contest is subject to all applicable federal, state, and local laws.
To participate, you must have a device that allows you to track your cycling route using GPS and a method of taking photos/video.
During the Promotion Period, you must ride a trip or trips totaling one hundred forty-two (142) miles and record your entire ride on a GPS device or program (e.g. Strava, MapMyFitness, Garmin, AllTrails, Magellan, Motoactv, etc.). The ride file must be extractable to include total time, average speed, distance, and route and time stamp of the total ride time. The participants must take photos and/or video during their ride to document their experience.
To enter the Contest, you must send an e-mail with the subject line “Join the Rusch” to RuschHour@us.redbull.com by June 7, 2013 at 11:59:59 p.m. PT and include the following materials:
- 1. Ride file or files that include (for each ride) the average speed, distance, route and total ride time or a link to the information via an Approved Tracking Platform (defined below). Any file provided must be extractable to be included in the email and must be attached to the e-mail that you send. Any ride file should be submitted as a .GPX file. Any link provided must be a link to the ride information within an Approved Tracking Platform. For purposes of these Official Rules, an “Approved Tracking Platform” is an online ride tracker that has generally known workout tracker that allows users to extract and send a user’s workout information (including average speed, distance, route and total ride time) via email and/or provide a link to such information for Sponsor’s easy retrieval.
- 2. Description of the ride(s), in 250 words or less, that describes (i) why you completed this ride, (ii) why you choose this route, and (iii) what “Rusch” you got from completing the ride. The description must be in English and typed in the body of the e-mail.
- 3. Your name, gender (i.e., male or female), residential address, telephone number, and Twitter or Instagram account handle.
- 4. At least three (3) photos or one (1) video of your ride. One photo or the video must include the rider and his or her bike. If you choose to provide photos, they must be .JPEG, .PNG or .PDF format. If you choose to provide a video, it must be .MOV, WMV, MPEG-4, or .FLV. The total size for all attachments must not exceed 5 MB.
- 5. Proof that you shared the experience via Twitter or Instagram. To be eligible, your post must include the hashtag #JoinTheRusch. Your proof should consist of a link to the post on Twitter or Instagram and the post must be publicly viewable.
All information provided in the entry must be truthful, complete, and accurate. When Sponsor receives all of the materials as instructed above, you will receive one (1) entry into the Contest. Failure to complete any step outlined in, include any information requested, or to follow any of the Official Rules will result in disqualification of the attempted entry. Limit one (1) entry per person and per email address.
The creation or use of multiple email accounts to attempt to claim multiple prizes is strictly prohibited. Sponsor is not responsible for lost, late, misdirected entries or entries not received regardless of cause. In the event of a dispute over who submitted an entry, the entry will be deemed to have been directly submitted by the authorized account holder of the submitting e-mail address. The authorized account holder is deemed to be the natural person who is assigned to the submitting e-mail address by the relevant entity responsible for assigning e-mail addresses for the relevant domain. Entries become the property of Sponsor and will not be returned.
You warrant and represent that you will abide by all laws, regulations, and ordinances and that you will not harm, attempt to harm, or threaten to harm any person (including yourself) or property in connection with your participation in this Contest. You further warrant and represent that you will take the highest level of care in planning and executing your ride(s) and participation in this Contest. You understand and agree that extensive planning is necessary, including, without limitation, planning the time of day you begin and end, the elevation and weather conditions, and whether you will need a support vehicle.
REQUIRED REPRESENTATIONS AND WARRANTIES:
To be eligible, you (and all entries submitted by you) must comply with the following criteria:
- (i) Your entry and all images or video must be your own original work, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award. Modification of an existing image or video does not count as original for purposes of this Contest. The entry and image must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene or offensive, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
- (ii) You represent that you have the express consent of any identifiable persons appearing or referenced in the entry or image to their name, identity, persona, title, screen persona, voice, performance, mannerisms, personality, image, portrait, photograph (whether still or moving) and likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry and image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the entry or image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The entry and image must not contain any personally identifiable information of any person.
- (iii) The entry and image must not contain or reference any names, products or services of any company or entity or any third-party trademarks, logos, trade dress or promotion of any brand, product or service.
- (iv) The entry and image must be appropriate for public viewing. Without limiting the foregoing, the entry and image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, or brand, product, or service.
- (v) The entry and image must comply with all of Twitter’s and Instagram’s requirements and terms regarding the use of its services, as applicable.
- (vi) All submitted rides must have been completed entirely and only by you during the Promotion Period while riding a standard, single-rider, non-motorized bicycle. All information provided by you must be truthful, correct, and accurate.
- (vii) Your entry and use of GPS devices or programs must comply with all of the relevant platform’s requirements and terms regarding the use of its devices or programs.
Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above, including those at (i)-(vii) above. By entering, entrant grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce the entry and otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entries to Sponsor, the form of such assignment to be determined by Sponsor.
By submitting an entry, entrant also grant to Sponsor the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s), e.g., ask the Judging Panel (defined below) to determine qualifying entries. All entries are subject to verification.
After the Promotion Period, a judging panel that consists of qualified representatives selected by Sponsor (the “Judging Panel”) will review the eligible entries. The Judging Panel will judge such eligible entries based on the following criteria: (a) the time needed to complete the 142 mile “Rusch” relative to other entries and difficulty of the chosen path, (b) creativity and personal challenge described in the email narrative, pictures and/or video and (c) whether you completed the 142 mile Kokopelli Trail (the “Criteria”). The Judging Panel will determine one (1) Grand Prize for male entrants, one (1) Grand Prize for female entrants, one (1) First Prize for male entrants, and one (1) First Prize for female entrants.
The selected winners are subject to verification.
Each of the two (2) Grand Prize winners shall, upon verification, be awarded a gift certificate redeemable for one (1) guided trip for two (2) people to the Kokopelli trail, provided by Western Spirit (details available at http://westernspirit.com/tripfinder/trips/kokopelli-trail). Approximate Retail Value: $2,400.
Each of the two (2) potential First Prize winners shall, upon verification, be awarded one (1) pair of Specialized® Carbon Wheels (actual prize color, features, and configuration to be determined by Sponsor in its sole discretion). Approximate Retail Value: $700 for each set of wheels.
Total approximate retail value of all prizes awarded to all verified winners: US $6,200.
All prizes are awarded "AS IS." Neither Sponsor nor Sponsor Affiliates make or offer any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Contest or any prize. Prize details and availability are subject to change, in which case a prize of equal value may be substituted at Sponsor's sole discretion. Prizes consist only of the items listed, are non-transferable, with no cash redemption or substitution except at Sponsor's sole discretion. Prizes are subject to terms, conditions, expiration dates, and restrictions imposed by the manufacturer of the prize or issuer in the case of a gift card or similar instrument. Federal, state, and local taxes on prizes, if any, and any other costs, fees and expenses not listed above as specifically included as part of the prize are the sole responsibility of winner. ALL TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS form 1099 and other tax-related forms and documents may be issued by Sponsor if required by law.
On or about June 14, 2013, each winner will be notified by e-mail at the e-mail address used to submit the entry. Potential winners must respond to the notification and provide all requested information within 72 hours of the notification email being sent or the potential prize will be forfeited. To claim any prize, Sponsor may require winner(s) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, postmarked within five (5) days of the date on the notification. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. Sponsor reserves the right to substitute any prize with a prize of equal or greater value. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner will be selected from other potential winners and/or by random draw from all remaining eligible entries. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
By entering and/or participating, you agree:
(ii) that the decision of the Sponsor is final and binding on all matters relating to the Contest;
(iii) to be contacted by Sponsor by e-mail, telephone and/or mail; and
(iv) to release and hold Sponsor and the Released Parties (defined below) from and against any and all liability for injuries and/or damages (including death) sustained in connection with acceptance, possession, use and/or misuse of a prize or related to participation in the Contest.
PUBLICITY & MARKETING:
NO LIABILITY & INDEMNIFICATION:
By entering this Contest, you agree to release, discharge and hold harmless Sponsor, Sponsor Affiliates, and their respective directors, officers, employees, agents and assigns (the “Released Parties”) from any claims, losses, and damages arising out of, or relating to, your participation in this Contest or any Contest-related activities and the acceptance and use, misuse, or possession of any prize awarded hereunder (including, without limitation, any misrepresentation made by the entrant in connection with the Contest; any non-compliance by the entrant with these Official Rules; claims brought by persons or entities other than the parties to these Rules arising from or related to the entrant’s involvement with the Contest; acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in this Contest; any malfunction, error or other problem arising in connection with the collection, processing, or retention of entry information; or any typographical or other error in the printing, offering or announcement of any prize or winner). The foregoing includes, without limitation, any claim for personal injury, property loss or damage, or death arising in any way in connection with the Contest.
Decisions of Sponsor on all matters related to the Contest are final. Sponsor reserves the right to cancel or modify the Contest for any reason, including but not limited to, if fraud, misconduct or technical failures destroy the integrity of the Contest, or if a computer virus, bug, or other technical problem corrupts the administration, security, or proper administration of the Contest as determined by Sponsor, in its sole discretion. Sponsor reserves the right to disqualify or prohibit the participation of an individual if fraud or tampering is suspected, or if the individual fails to comply with any requirement of participation or with any provision in these Official Rules. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL & CIVIL LAWS. SPONSOR RESERVES THE RIGHT TO DISQUALIFY AND/OR SEEK DAMAGES FROM ANY INDIVIDUAL MAKING ANY SUCH ATTEMPTS TO THE FULL EXTENT PERMITTED BY LAW.
GOVERNING LAW & MANDATORY ARBITRATION:
Any disputes arising under this Contest and/or these Official Rules will be governed by the internal laws of the State of California. Sponsor and each entrant agree that any such claim or dispute between the parties, or between a party and any agent, employee, successor, or assign of the other, related to this Contest and/or these Official Rules (including the applicability of this arbitration clause) shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
If any provision(s) of these Official Rules is held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
To obtain a list of winners, visit Redbull.com/RuschHour on or after June 14, 2013 where the winners will be posted for approximately one month after the end of the Contest.
INSTAGRAM AND TWITTER:
By participating, you release Instagram and Twitter and their parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the acceptance, awarding, receipt, use and/or misuse of the prize. Any information you submit online is to Sponsor, not to Instagram or Twitter. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter.
Red Bull North America, Inc., 1740 Stewart Street, Santa Monica, CA 90404.
CINLibrary 0114635.0594078 2727816v13