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Sweepstakes Official Rules
- ELIGIBILITY: The Peloton Bike Giveaway (“Sweepstakes”) is only open to individuals who:
- (a) are legal residents; and
- (b) are at least 18 years old and of the age of majority or older in the state of their residence at the time of entry as it pertains to the Grand Prize giveaway for the Peloton Bike, except for employees, officers, directors, agents and representatives of Active Network, LLC (the “Sponsor”) and its affiliates (including without limitation its parent, sister and subsidiary companies, partnerships and other commercial entities), its advertising and promotion agencies and any other person directly connected with the production and distribution of or the supply of goods or services in connection with this Sweepstakes, their respective owners, directors, officers, employees and agents (collectively, with the Sponsor, hereinafter referred to as the “Released Parties”) and their respective immediate families (mother, father, sister, brother, child, husband or wife, and their respective spouses, regardless of where they reside), and those living in the same household of any such individuals, whether or not legally related. This Sweepstakes may only be entered from and in eligible jurisdictions. Void where prohibited by law.
- TO ENTER: Between 9:00 a.m. CST September 15th, 2020 and 5:00 p.m. CST October 6th, 202020 (“Promotion Period”), eligible individuals may enter this Sweepstakes without having to purchase anything by visiting www.WichitaHomeTeam.com/drawing during the Promotion Period and completing the free online entry form in accordance with the instructions provided. The Sponsor’s computer system is the official time-keeping device for this Sweepstakes. All required fields on the online entry form must be completed. Incomplete entries will not be accepted and will be automatically rejected. Entrants must be the registered subscriber of the email account from which the entry is made.Online access, a phone number and an email account are required in order to participate in this Sweepstakes. Many public libraries, retail businesses and others offer free access to computers and a number of Internet service providers and other companies offer free email accounts.
There is a limit of one (1) entry per individual regardless as to the method of entry. Additional entries received from any individual beyond the first entry received from that individual will be void. Entries generated by script, macro or other automated means and entries by any means which, in the opinion of the Sponsor, are intended to subvert the entry process will be void. All entries become the property of the Sponsor, and none will be acknowledged or returned.
No third party entry or entry through Sweepstakes service permitted. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, multiple email accounts, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor, will be disqualified. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if a computer virus, bug, unauthorized intervention, fraud, technical difficulties, or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of this Sweepstakes, and/or this Sweepstakes is not capable of being conducted as described in these Official Rules, the Sponsor shall have the right, at its sole discretion, to disqualify any individual who tampers with the entry process and to void any entries submitted fraudulently, and/or to cancel, terminate, modify or suspend this Sweepstakes, and conduct a random drawing to select the prize winner from all non-suspect entries received prior to action taken, or as otherwise deemed fair and appropriate by the Sponsor. If this Sweepstakes is cancelled, modified, suspended or terminated, notice will be posted on www.WichitaHomeTeam.com/drawing . The Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. At the Sponsor’s sole discretion, Sweepstakes winner may be disqualified at any time.
- PRIZE: One (1) grand prize of a Peloton Bike. There will be only one prize per winner. Lost or stolen prize will not be replaced. No assignment, transfer, conversion to cash or cash redemption or substitution of the prize is permitted, except the Sponsor reserves the right to substitute the prize with a prize of comparable or greater value should the prize become unavailable. All prize details are at the sole discretion of the Sponsor. The winner agrees to accept the prize “as is”, and entrants hereby acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize, including express warranties (if any) provided exclusively by a prize supplier that are sent along with the prize. The approximate retail value of the prize is $1600.00. Any valuation of the prize(s) stated above is based on available information provided to the Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winner(s) will be solely responsible for all applicable state, federal, and local taxes associated with the acceptance and use of any awarded prize.
- ENTRANTS’ AGREEMENT: The submission or attempted submission of an entry for this Sweepstakes constitutes the entrant’s full and unconditional agreement to these Official Rules and to any decisions made by the Sponsor, all decisions of which pertaining to this Sweepstakes shall be final and binding without any right of appeal. Winning a prize is contingent upon entrant fulfilling all the requirements of and all terms and conditions provided in these Official Rules. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes.All entries and any Request for Information and Waiver document provided to the Sponsor become the property of the Sponsor and will not be returned.
- DRAWING AND ODDS: A drawing to determine the potential winner(s) of this Sweepstakes will be held on October 9th, 2020. All eligible entries received by the Sponsor during the Promotion Period will participate in that drawing. The drawing will be conducted via random number generator at theSignature Partners, LLC corporate office located at 1635 Waterfront Pkwy STE105, WIchita, KS 67206.Odds of winning will depend on the total number of valid entries received during the Promotion Period.
- NOTIFICATION: The potential winner will be notified, at the Sponsor’s sole option, by means of email or telephone.
- VERIFICATION OF THE POTENTIAL WINNER:An entrant whose entry is drawn is not considered a winner of any prize unless and until the entrant’s eligibility has been verified by the Sponsor and the entrant has been notified that verification has been completed. In connection with such verification, the potential winner may be required to execute and return a Request for Information and Waiver form, within ten (10) days of the date that such form is sent by the Sponsor to the potential winner. Non-compliance with the foregoing or with any of these Official Rules, the return to the Sponsor of the prize notification or the Request for Information and Waiver form as non-deliverable or the Sponsor’s inability to contact the potential winner within one (1) month of its first attempt to notify will, at the Sponsor’s sole option, result in disqualification of the potential winner and, at the Sponsor’s sole option, an alternate winner being selected by another draw.
In the event of a dispute over the identity of a potential winner, the entry will be declared made by the authorized account holder of the email address submitted at the time of entry, and the potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of such email address. “Authorized account holder” is defined as the person assigned to 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 email address in question. Proof of sending or submission will not be deemed to be proof of receipt by the Sponsor.
- LIMITATIONS OF LIABILITY AND RELEASE: The Released Parties are not responsible or liable for:
- (a) any incorrect or inaccurate information, whether caused by entrants, non-authorized human intervention, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes;
- (b) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines, network hardware or software, cable, satellite, cellular tower, or Internet service provider;
- (c) bugs, viruses, worms, unauthorized human intervention in any part of the entry process or this Sweepstakes or any other causes which impair the fairness, integrity or administration of this Sweepstakes (in such event, the Sponsor reserves the right, at its sole option, to modify, terminate or suspend this Sweepstakes);
- (d) typographical, printing, network, mechanical, electronic, technical, human or other errors or malfunctions of any kind relating to or in connection with this Sweepstakes including, without limitation, errors or problems which may occur in the administration of this Sweepstakes, the processing of entries, the announcement of the prizes or other errors in these Official Rules or in any other Sweepstakes-related materials;
- (e) any liability, loss, injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in this Sweepstakes or receipt, use or misuse of any prize; or
- (f) lost, incomplete, late, misdirected, garbled, undelivered, incomplete, stolen, or mutilated transactions, subscriptions or entries; or garbled, lost, misrouted or scrambled transmissions. (If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in this Sweepstakes.)
THE PARTIES AGREE, ACKNOWLEDGE AND UNDERSTAND THAT THE SPONSOR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR LOST PROFIT DAMAGES. THE PARTIES AGREE, ACKNOWLEDGE AND UNDERSTAND THAT THE SPONSOR’S TOTAL AGGREGATE LIABILITY FOR ANY MATTER ARISING FROM OR RELATED TO THIS SWEEPSTAKES, WHETHER IN CONTRACT, TORT, OR UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE AMOUNT OF THE ACTUAL OUT-OF-POCKET COSTS INCURRED BY ENTRANT ASSOCIATED WITH ENTERING THIS SWEEPSTAKES.
By entering into this Sweepstakes, each entrant agrees to release, discharge, and forever hold harmless the Released Parties and their shareholders from any and all claims, actions, damages, demands, manner of actions, causes of action, suits, debts, duties, accounts, bonds, covenants, warranties, indemnities, claims over, contracts and liabilities of whatever nature or kind arising out of, or in connection with, the entrant’s participation or attempted participation in this Sweepstakes, compliance or non-compliance with these Official Rules and the delivery, non-delivery, acceptance, use, misuse or non-use of the prize and, if selected as a potential winner, to sign and deliver the Request for Information and Waiver form before receiving his/her prize.
Each entrant acknowledges that the Sponsor shall not be required under any circumstances to award more prizes than the number of available prizes as set out in these Official Rules.
- CAUTION: Any attempt by any person(s) to damage any website or undermine the legitimate operation of this Sweepstakes is a violation of criminal and civil laws and, should such an attempt be made, the Sponsor reserves the right to seek damages and/or other remedies (including attorneys’ fees) from any such person(s) responsible for the attempt to the fullest extent permitted by law.
- DISPUTES: Except where prohibited by law, entrants agree that:
- (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Sedgwick County, Kansas, United States of America;
- (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, and in no event shall any entrant be entitled to obtain attorneys’ fees or other legal costs;
- (c) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive, to the extent permitted by applicable law, all rights to claim indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased; and
- (d) all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and the Released Parties in connection with this Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of Kansas, without giving effect to any choice of law or conflict of law rules (whether of the State of Kansas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Kansas.
- TRADEMARKS: Unless noted otherwise, all trademarks used herein are the property of the Sponsor. The names of individuals, groups, companies, products and services mentioned herein, and any corresponding likenesses, logos and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. The mention of any individual, group or the Released Parties, or the inclusion of a product or service as a prize, does not imply any association with or endorsement by such individual, group or the Sponsor or the manufacturer or distributor of such product or service and, except as otherwise indicated no association or endorsement is intended or should be inferred.
- WINNERS LIST: For a complete list of the names of the winners (available after October 9th, 2020) send a self-addressed, postage pre-paid envelope to: Signature Partners, LLC Attn: Wichita Home Team, 7200 W 13th, Ste. 9, Wichita, KS 67212. All winners list requests must be received prior to October 30th, 2020. Unless otherwise expressly provided in these Official Rules, no communications or correspondence in relation to this Sweepstakes will be exchanged with entrants except for an entrant whose name has been selected in the drawing.
- PUBLICITY; GENERAL: Each entrant grants the Sponsor and its designees a perpetual, worldwide, royalty-free license to use, broadcast, publish and otherwise use the entrant’s name, company name, address of residence, address of company, statements regarding this Sweepstakes, image, photograph, video, voice and/or likeness for advertising, promotional and/or any other purpose in any and all media now or hereafter devised worldwide in perpetuity without additional compensation, notification or permission, unless prohibited by law. This Sweepstakes and all entries are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
Sponsor: Signature Partners, LLC 1635 Waterfront Pkwy STE105, Wichita,KS 67206 and Kirk Short’s Wichita Home Team at Signature Partners, LLC 1635 Waterfront Pkwy STE105, Wichita, KS 67206