ZACH MILLER MSUB GIVEAWAY SWEEPSTAKES
TERMS AND CONDITIONS
Official Rules – “Zach Miller MSUB Giveaway” Sweepstakes (the “Official Rules”)
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED BY LAW. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS APPLY.
The “Zach Miller MSUB Giveaway” Sweepstakes (the “Sweepstakes”) starts August 19, 2019 at 5:00am PT and ends on August 25, 2019 at 11:59pm PT (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to all natural persons and legal residents of the U.S.A. You must be at least 18 years of age to enter and have a valid street address in the U.S.A. (a P.O. Box will not suffice). ElliptiGO, Inc. is the Sweepstakes’ sponsor (the “Sponsor”). Employees of the Sponsor or its respective parents, subsidiaries, affiliates, or promotion and advertising agencies; as well as their immediate family members (spouse and parents, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household as said employees, whether or not related, are not eligible to enter or win. This promotion is void in jurisdictions where prohibited by law. The Sweepstakes is subject to all applicable federal, state and local laws.
ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL
AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY
PRIZE, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED BY THE SPONSOR.
PRIZES: There will be one Grand Prize winner in this Sweepstakes. The grand prize for this Sweepstakes is one (1) ElliptiGO MSUB, a $1,499 value (the “Prize”). The total prize value of the Sweepstakes is $1,499.
The Prize may not be refunded or exchanged for cash. All taxes, fees, and surcharges on the Prize is the sole responsibility of the winner.
SWEEPSTAKES ADMINISTRATOR: This sweepstakes is administered by ElliptiGO, Inc. with offices at 722 Genevieve St, Suite O, Solana Beach, CA 92075 (the “Sweepstakes Administrator”). Any questions related to this Sweepstakes can be addressed to [email protected] or 888-796-8227.
ODDS OF WINNING: The odds of winning the Prize depends on the number of entrants.
WINNER SELECTION: Entrants must comply with all terms and conditions of the Official Rules. Winning is contingent upon fulfilling all Sweepstakes requirements as detailed in the Official Rules. Except where prohibited, the potential “Zach Miller MSUB Sweepstakes” winner must execute and return to the Sponsor, within forty-eight (48) hours of being notified, a statement of eligibility and liability release and, except where prohibited, a publicity release in order to claim his/her prize. The potential winner will be notified by the Sweepstakes Administrator by email within 48 hours of when the drawing occurs (August 26, 2019). If a potential winner cannot be contacted within forty-eight (48) hours of the first attempt to contact him/her or if he/she fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, an alternate entrant will be selected in his/her place at random from among all eligible entries. In the event that a potential winner is disqualified for any reason, the Sweepstakes Administrator will award the Prizes to an alternate winner by a drawing from among all remaining eligible entries.
TAXES: The winner is solely responsible for all federal, state, and local taxes and other fees associated with Prize receipt and use. The winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before the Prize will be awarded. No other substitution (including for cash where applicable), assignment or transfer of the Prize is permitted, except by the Sponsor who reserves the right to substitute the Prize with another prize of greater or equal value if the Prize cannot be awarded as stated. The Sponsor will withhold and/or report taxes as required by applicable law. Any person winning over $600 in prizes from the operator will receive an IRS form 1099 at the end of the calendar year and a copy of such form will be filed with the IRS.
HOW TO ENTER: During the Sweepstakes Period, entrants should visit the giveaway post on Zach Miller’s Instagram page, www.instagram.com/zachmiller38. Entrants must like the post, follow @ZachMiller38 on Instagram, follow @ElliptiGO_USA on Instagram, and tag two other accounts of friends in a comment to complete a valid entry (the “Entry”). All online Entries must be received by August 25, 2019 at 11:59pm PT to be considered.
Entries generated by script, macro or other automated means are void. Limit one (1) online Entry per person, per Instagram account and per household. Online entries received from any person or email address or household in excess of the limitation will be void. All Entries become the sole property of the Sponsor and will not be returned.
REQUIREMENTS OF ENTRIES: By submitting your Entry, you agree that your Entry conforms to these Official Rules and that the Sponsor, in their sole discretion, may disqualify your Entry for any reason, including if it determines, in its sole discretion, that your Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by the Sponsor, in their sole discretion.
By submitting an Entry, entrant hereby grants permission for any and all uses of the Entry as described in the License/Use of Entries section below, including, but not limited to publication of the Entry on the Internet and mass media outlets. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties.
Phase 1: Entry submission period starts August 19, 2019 at 5:00am PT and ends on August 25, 2019 at 11:59pm PT.
Phase 2: Selection of one winner on August 26, 2019. The Sweepstakes Administrator will select one person at random as the grand prize winner.
Phase 3: Winner notification. The Sweepstakes winner will be notified of the result via direct message on Instagram on August 26 by Zach Miller (www.instagram.com/zachmiller38). The winner’s email address will be requested by Zach Miller to allow the Sponsor to coordinate the prize shipment with the winner.
LICENSE/USE OF ENTRIES: Except where prohibited, participation in the Promotion constitutes winner’s consent to the Sponsor’s use of winner’s name, likeness, voice, opinions, hometown, state/province and country for promotional purposes in any media or channel without further payment or consideration. The winner agrees to subscribe to the mailing list of the Sponsor.
GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of the Sponsor which shall be final and binding in all respects relating to this Sweepstakes; (b) to release, discharge and hold harmless the Sponsor, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Sweepstakes or any Sweepstakes-related activity or the acceptance, possession, use or misuse of any awarded prize and (c) to the use of his/her name, voice, performance, photograph/video, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by the Sponsor and their designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Sweepstakes without the prior consent of the Sponsor, which they may withhold in their sole discretion.
SWEEPSTAKES DISPUTES: As a condition of participating in this Sweepstakes, participant agrees to be bound by these Official Rules and that any and all disputes which cannot be resolved between the parties, and any causes of action arising out of or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action. Participants consent to the exclusive jurisdiction of the courts located in San Diego, California and agree that all matters pertaining to these Official Rules and disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflicts or choice of law rules or provisions (whether of California or any other jurisdiction). Further, notwithstanding the Terms, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., his or her costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision of these Official Rules is found to be invalid or unenforceable, these Official Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled Entries or votes; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of Entries, the tabulation of votes, the announcement of the winner(s), the incorrect uploading of the photo or in any Sweepstakes-related materials. 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 Sweepstakes. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Sweepstakes or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by the Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, the Sponsor reserves the right at their sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at their discretion, select the potential winner[s] from all eligible, non-suspect Entries received prior to action taken using the winner determination procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE 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 RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Primary Sweepstakes Sponsor: ElliptiGO Inc., 722 Genevieve St. Suite O, Solana Beach, CA 92075