Best Dirt Clip – Mongoose Dirtvana Jam Contest Official Rules
YOU HAVE NOT YET WON. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR TO WIN. MANY WILL ENTER; FEW WILL WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
- ELIGIBILITY: The Best Dirt Clip – Mongoose Dirtvana Jam Contest (the “Contest”) is open to legal residents of the 48 contiguous United States and District of Columbia, who: (i) have reached the age of majority in their respective jurisdiction of residence, (ii) who have a registered Instagram account, and (iii) did not purchase any equipment for the purposes of entering this Contest. Employees, officers, directors, equity holders, agents, and representatives (and their immediate family members (i.e. parents, spouses, children, siblings and grandparents, and household members, whether or not related) of Sponsor, its advertising or promotional agencies, those involved in the production, development, implementation or handling of the Contest; Our BMX, their respective parent companies, subsidiaries, affiliates, licensees, service providers, and prize suppliers; and any other person or entity associated with the Contest (collectively, “Contest Persons”), are NOT eligible. The Contest is subject to all federal, state, and local laws and is void where restricted or prohibited.
- AGREEMENT TO OFFICIAL RULES: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretation of these Official Rules, which are final, conclusive and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
- SPONSOR: The Sponsor of the Contest is Pacific Cycle, Inc., 4902 Hammersley Road, Madison, WI, USA 53711. This Contest is not sponsored, endorsed or administered by, nor associated with Facebook, Twitter, or Instagram. You understand that you are providing your information to Sponsor, and that by entering the Contest, you release Instagram, LLC from any claim regarding the Contest. Questions, comments or complaints regarding this Contest must be directed to Sponsor and not to Instagram, LLC.
- CONTEST PERIOD: The Contest begins on June 22, 2022, at 11:00 AM, Central Time, and ends on July 6, 2022, at 6:00 PM, Central Time (the “Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest.
- HOW TO ENTER THE CONTEST: There is NO PURCHASE OR PAYMENT NECESSARY to participate. A purchase or payment will not increase your chances of winning. On the first day of the Contest Period, Sponsor will post an announcement of this Contest. During the Contest Period, you must film a line (dirt jumps only), while wearing a helmet, and submit your video to your Instagram account (your “Account”). Be sure to include the hashtags: #ourbmxclips and #Contest and @mongoosebikes, @ourbmxclips, and @riveternc when you post to your Account or your Submission will not be eligible. Your post in compliance with these Official Rules (including the description on how to enter, the Guidelines, Permissions, and Content Restrictions set out below) is your submission (“Submission”).
Instagram: Log into your Instagram account. Then, create and post your Submission to your Instagram account. In order for your Submission to be valid, your Instagram profile must be public and thus viewable by the Sponsor. If you do not have the Instagram App, you may download it through the application store on your mobile device. Your post must be consistent with Instagram's terms (http://instagram.com/about/legal/terms/#). Posting a photo on Instagram requires a mobile device.
Normal Internet access and usage charges imposed by your on-line service will apply and are your responsibility. In addition, if you access or use your social media accounts on a mobile device, message and data rates may apply and are your responsibility. Please consult your telecommunications provider regarding its pricing plans.
By submitting your Submission, you agree that it conforms to these Official Rules, including the Guidelines, Permissions, and Content Restrictions below, and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes your Submission fails to conform.
Entrants are required to provide truthful information and Sponsor will reject and delete any entry that it discovers to be false or fraudulent. Sponsor will disqualify any entry from individuals who do not meet the eligibility requirements, and may also delete any entry received from persons under the age of thirteen (13) in compliance with the U.S. Children’s Online Privacy Protection Act and applicable privacy legislation.
- The Submission must be in a format acceptable to the applicable social media channel; The Submission must contain the promotional hashtags;
- The Submission caption must be in English; and
- The Submission must be original and cannot have been submitted previously in a promotion of any kind.
Entrant must have permission from any recognizable individuals who appear in the Submission to use their names and likenesses in the Submission and to grant the rights set forth herein. Minors may not appear in a Submission. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
- The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
- The Submission must not contain content created by a third party, such as images or artwork;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Submission in this Contest;
- The Submission must not disparage Sponsor or any other person or party;
- The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, national or ethnic origin, disability, sexual orientation, or age; and
- The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
Limit: Submissions must be received before the end of the Contest Period to be eligible for the Contest. Each entrant may submit only one (1) Entry during the Contest Period Only the first Submission you submit during the Contest Period will be considered. Additional entries will not increase your chances of being selected as a potential winner, and you will only be eligible to win a single prize. Use of multiple social media accounts and/or email addresses by the same individual to enter is prohibited. Entries made by any mass duplication, automatic, robotic, script, macro, plagiarized or programmed method, or through any promotion entry, notification, or related service are prohibited and will be disqualified. Contest Persons are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed, or misdirected Submissions; all of which will be void.
- SPONSOR’S USE OF SUBMISSIONS: Posting or commenting on a Submission constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes, as well as to waive his or her moral rights therein. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights and waiver or moral rights, which entrant is granting to use the Submission.
- WINNER DETERMINATION AND NOTIFICATION: There will be either one (1) round in which a Submission may be chosen as a potential winner or, in the event tie-breaking criteria must be considered, two (2) rounds in which a Submission may be chosen as a potential winner. Each round will be increasingly difficult. Sponsor will appoint a judging committee, with judges chosen by Sponsor in its sole discretion. Sponsor reserves the right to change the membership of the panel of judges at any time. On or around July 7, 2022, the judging committee will select one (1) Submission, from among all eligible Submissions received during the Contest Period based on the following criteria (“Judging Criteria”):
- Creativity (50%)
- Difficulty of tricks (50%)
Subject to the entrant’s compliance with these Official Rules, the one (1) entrant(s) whose Submission receives the highest score will each be deemed a potential winner. Sponsor will not disclose judging scores.
Each potential winner will be notified via direct message on Instagram and given instructions on how to contact Sponsor through email to claim his or her prize, subject to fulfilling all applicable conditions set out in these Official Rules. Each potential winner must reply to the winner notification from Sponsor and include his/her mailing address and/or email address within forty-eight (48) hours of receipt of the notification. If the potential winner is not reachable at the address and/or email address provided and a forwarding address and/or email address is not made available, or if notification is returned as undeliverable, or if the potential winner does not satisfy all applicable conditions set out in these Official Rules, then the prize will be forfeited and an alternate potential winner may be selected from among all remaining eligible Submissions at Sponsor’s sole discretion. The odds of winning depend on the total number of eligible Submissions during the Contest period. Major restrictions apply to the use, availability or receipt of any prize. A potential winner may be required to confirm his or her eligibility and release Contest Persons from liability to receive any prize.
- PRIZE: The prize consists of a trip for one (1) person to attend the Mongoose Dirtvana Jam in Riveter Bike Park, Mills River, NC on August 6, 2022 (the “Event”) consisting of the following:; one (1) $1,000 USD Visa gift card (to be used by the winner to purchase round-trip coach class airfare to the Asheville (NC) Regional Airport); two (2) nights standard hotel accommodation (Friday, August 5 and Saturday, August 6, 2022) (total estimated retail value of hotel accommodation, $450 USD); and one (1) $40 weekend pass to Riveter bike park). A total of one (1) prize will be awarded, with an estimated total retail value of $1,490 USD. Any difference between the actual value and advertised value will not be awarded. The specifics of all aforementioned elements of the prize in the Contest shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the prize not specifically addressed above are the sole responsibility of the winner. Accommodations are subject to availability. If any potential winner is unwilling or unable to attend during the specified time period, winner forfeits the prize in its entirety and an alternate winner may be selected, time permitting. Some restrictions may apply. Meals, incidentals, tips, on site ground transportation, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the winner. Winner is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledges that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Major credit card will be required at hotel check-in to cover any incidental expenses. Winner must have all necessary photo ID and other documents necessary for travel and must make hotel accommodation arrangements through Sponsor or its designated representatives. No cash in lieu of any prize or prize component will be awarded except at Sponsor’s sole discretion. No substitution or transfer of prize or any prize component is permitted, except at the sole discretion of Sponsor. To the fullest extent permitted by law, Sponsor reserves the right to substitute a prize, or any component thereof, of equivalent or greater value. All applicable federal, state, and local taxes are the sole responsibility of each respective winner, who will receive an IRS Form 1099 reflecting the final value of any prizes awarded to winner by Sponsor with a total value of $600.00 or more in a single year, as applicable. Each winner is advised to seek advice from their own legal or tax professionals regarding the tax implications of accepting a prize. Delivery and use of the prize is subject to the prize winner’s completion of all documentation and conditions required by law or otherwise required by Sponsor.
- PUBLICITY: Entering and participating in this Contest constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state/province/territory, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising, or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
- OWNERSHIP OF SUBMISSION: Each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner also waives his or her moral rights in the Submission. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner shall indemnify Sponsor, Contest Persons, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable attorney and legal fees) arising out of any breach of these Official Rules.
- GENERAL RULES: EACH POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF ENTRANT RECEIVES INFORMATION TO THE CONTRARY, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY, AND THE POTENTIAL WINNING SUBMISSION, HAVE BEEN VERIFIED, ALL PRIZE WINNER DOCUMENTS (AS DEFINED BELOW) HAVE BEEN COMPLETED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION AND DOCUMENTS HAVE BEEN COMPLETED. In the event of a dispute regarding the identity of the person submitting a Submission, the Submission will be deemed submitted by the authorized account holder of the email address associated with the social media account submitting the Submission. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each entrant may be required to show proof of being an authorized account holder. Sponsor will send the potential winners an affidavit of eligibility and Liability and Publicity Release (“prize winner documents”) within three (3) days of notification before a prize is awarded. A potential winner may be required to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity for the Contest will not bring Sponsor into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Contest or Sponsor, as Sponsor may determine in its sole discretion. If a potential winner fails to return the completed prize winner documents within three (3) days, or if the potential winner is ineligible, the prize will be forfeited, and an alternate winner may be selected, at Sponsor’s sole discretion, from all eligible entries received. By participating in this Contest, you agree to be bound by these Official Rules and the decisions of Sponsor (whose decisions are final and binding in all respects), to waive any rights to claim ambiguity with the Official Rules, and that Contest Persons shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury or death) in connection with: participation in this Contest, or the acceptance, redemption, or use of any prize or related activities; human error; incorrect or inaccurate transcription of Submission information; acceptance/possession, use/misuse and/or defects of the prizes awarded herein; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider used in entering or operating the Contest; interruption or inability to access the Contest due to hardware or software compatibility problems; any damage to entrants (or any third person’s) computer and/or its contents related to or resulting from any part of this Contest; any lost/delayed data transmissions, omissions, interruptions, defects and/or any other error or malfunctions, even if caused by the negligence of one of the Contest Persons. You further agree to indemnify and hold harmless the Contest Persons from any and all liability resulting or arising from your participation the Contest, to release all rights to bring any claim, action or proceeding against the Contest Persons, and hereby acknowledge that said Contest Persons have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize.
- DISCLAIMERS: Sponsor reserves the right in its sole discretion to disqualify any entrant that tampers or attempts to tamper with the entry process or the operation of the Contest; violates the Official Rules; or acts in an un-sportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest for any reason, at its sole discretion, including, without limitation, if it is not capable of running as planned, including, but not limited to, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other problems beyond the control of Sponsor and award prizes from among all eligible entries received prior to termination, as applicable.