USA Triathlon Presents
USA Duathlon Virtual Run Bike Run
THIS VIRTUAL EVENT IS INTENDED FOR PARTICIPATION ONLY IN THE UNITED STATES OF AMERICA AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES AND COLORADO LAW. DO NOT PARTICIPATE IN THE SWEEPSTAKES IF YOU ARE NOT A LEGAL RESIDENT OF AND PHYSICALLY LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE OFFICIAL RULES BELOW.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. CONTESTANTS DO NOT HAVE TO BE MEMBERS OF USA TRIATHLON. COMPLETING THE PRESCRIBED VIRTUAL EVENT DISTACNES OR PURCHASING A THE FINISHER PACKAGE OR PRODUCTS FROM ASSOCIATED PARTNERS WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. ELIGIBILITY: USA Triathlon Presents the USA Duathlon Virtual Run Bike Run (“Sweepstakes” or “Promotion”) is offered and open only to legal residents of the United States (“U.S.”) who are 18 or older (or have reached the legal age of majority in their state of legal residence, whichever is older) and who currently reside in the U.S. Corporate employees, officers and directors of USA Triathlon (“Sponsor”) and those individuals or entities involved in the preparation of materials and/or execution of this Promotion (collectively referred to herein as the “Promotion Entities”) and their immediate family members (spouse, siblings, children and parents) and those living in the same household as such individuals (whether or not related) are not eligible to enter. Void where prohibited. Residents of New York and Florida are not eligible to participate in the Sweepstakes.
2. PROMOTION PERIOD: Promotion starts at 12:01 am Mountain Time (“MT”) on April 6, 2020 and ends 11:59 pm MT on May 17, 2020 (“Promotion Period”). Sponsor’s clock is the official time keeping device for the Promotion.
3. HOW TO ENTER: During the Promotion Period, users must enter the Promotion through www.usatriathlon.org or www.mytimetotri.com and compete the event registration process through the Fit Rankings platform embedded in these websites. (“Entry”). Limit one (1) entry per person. Once submitted, Entry cannot be modified, deleted or cancelled. Entries become the property of Sponsor and will not be returned. Entrants may not enter through a sweepstakes club (or similar method), with multiple identities, e-mail and/or street addresses, nor shall Entrants use any other device or artifice to enter more than the permitted number of times. Any Entrant who uses fraudulent entry methods, or otherwise attempts to participate multiple times, or with multiple e-mail and/or addresses under multiple identities will be disqualified. In the event of a dispute as to the identity of an online Entrant, the authorized account holder of the email address used in connection with the Entry will be deemed to be the entrant. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an Internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. Sponsor reserves the right, at its reasonable discretion to refuse, disqualify, or withdraw any Entry and/or Entrants at any time during the Sweepstakes.
Promotion Entities assume no responsibility for: lost, late, delayed, incomplete, inaccurate, stolen, misdirected, or illegible Entries; computer/server, telephone, network, electronic, digital, wireless or Internet hardware or software malfunctions, failures, connection problems, or unavailability; garbled, corrupt, or jumbled transmissions; browser incompatibility; service provider, Internet, Web site, user, net inaccessibility or unavailability; congestion; technical errors; unauthorized human intervention; human errors; or the delayed, incorrect or inaccurate capture of entry or other information, or failure to capture any such information. Proof that you submitted an Entry is not proof of its receipt.
4. DRAWING/NOTIFICATION: On or about seven business days from the end of the Promotion Period, a random drawing will be held by Sponsor (or its authorized representative) from all eligible entries received during the Promotion Period. Potential winners will be notified by telephone, email and/or mail (in Sponsor’s sole discretion) and may be required to complete, have notarized and return an Affidavit of Eligibility, Liability and, where legal, Publicity Release within time specified by Sponsor, or else prize will be forfeited.
5. PRIZE/ODDS: The following prizes will be awarded (listed with the Approximate Retail Value (“ARV”):
(All trademarks are property of their respective owners.) All prize details not specified herein will be determined in Sponsor’s sole and absolute discretion. All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Reference to third parties in connection with prizes are for reference and identification purposes only and are not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
The total ARV of all prizes is $5,930.93. Limit one (1) prize per person. The odds of winning a prize depend on the number of eligible Entries received during the Promotion Period.
No transfer, assignment or substitution of a prize (in whole or in part) is permitted, except Sponsor reserves the right to substitute a prize (or any element thereof) with a prize (or prize element) of equal or greater value. All federal, state and local taxes are the sole responsibility of the winner. In no event will Sponsor be responsible to award more than the stated number of prizes. Prize may not be sold, resold, auctioned, bartered, assigned, exchanged, placed in commerce, transferred, given away, donated, or otherwise conveyed or placed into any channels of distribution. Any difference between actual value of prize and approximate retail value will not be awarded as cash or otherwise. Prize award is subject to verification of eligibility and compliance with these Official Rules.
Sponsor reserves the right to, and may conduct, a voluntary background check on potential winners, and such individual agrees to cooperate, to confirm eligibility and to help ensure that awarding a prize to any such individual will not bring the Promotion Entities into public disrepute, contempt, scandal or ridicule or reflect unfavorably on the Sponsor, its brands, products and services, this Promotion or the Promotion Entities as determined by Sponsor in its sole discretion. A potential winner who refuses or fails (in Sponsor’s sole and absolute discretion) the voluntary background check will forfeit the potential prize. Subject to verification of eligibility and compliance, prize will be awarded assuming sufficient eligible Entries are received. In the event of forfeiture, prizes may NOT be awarded to alternate potential prize winners.
6. GENERAL: By participating, entrants agree to abide by and be bound to these Official Rules
and the decisions of Sponsor, which are final and binding in all respects. Failure to timely return or properly complete Release Documents, or if a prize notification or any prize is ignored, unclaimed, non-deliverable, untimely responded to, or if potential winner is or becomes ineligible or does not comply with these Official Rules, prize forfeiture will result and an alternate potential winner will NOT be selected. BY PARTICIPATING, PARTICIPANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE SPONSOR, THEIR AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, ACTIONS, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE OR LOSS), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENT AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING IN WHOLE OR IN PART OUT OF DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY PRIZE RELATED ACTIVITIES, ACCESS TO ANY WEB SITES, AND/OR PARTICIPATION IN THIS SWEEPSTAKES. The release and indemnification hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
7. LIMITATIONS OF LIABILITY: Promotion Entities are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the survey platform. Any use of sweepstakes clubs (or similar methods), robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods, and disqualify any entrant using such methods. If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor deems, in its sole opinion, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and select the winner at random from eligible Entries received prior to the action or as otherwise may be deemed fair and equitable by Sponsor. Promotion Entities shall not be liable to winner or any other person for failure to execute the Sweepstakes, or supply a prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, cyber-attacks, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
In no event will Promotion Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents, be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of participation in the Sweepstakes, Sweepstakes/Prize related activities, access to, and use of, any communications networks, participating internet site(s) or the downloading from and/or printing material downloaded from said site(s). Without limiting the foregoing, everything on the web sites are provided "AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties.
8. GOVERNING LAW; DISPUTE RESOLUTION; NO CLASS RELIEF. THIS USA DUATHLON VIRTUAL RUN BIKE RUN IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF COLORADO WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. Except with respect to the protection and enforcement of the intellectual property rights of Sponsor and its right to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Colorado Springs, Colorado, and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this Section 11, shall be filled and adjudicated in a state court in El Paso County, Colorado, or a federal court in Denver, Colorado, and all parties agree to submit to the personal jurisdiction of these courts. Entrant irrevocably waives any right to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should any party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and reasonable attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, will be resolved individually, without resort to any form of class action.
9. WINNERS LIST: For a list of winners, contact Sponsor by mailing a self-addressed, sufficiently U.S. postage stamped envelope to: USA Triathlon Presents the 2019 Membership Survey Sweepstakes, Winner’s List Request, c/o Madison Anderson, 5825 Delmonico Drive, Suite 200, Colorado Springs, CO 80919 for receipt by May 31, 2020.
10. SPONSOR: USA Triathlon, 5825 Delmonico Drive, Suite 200, Colorado Springs, CO 80919; 719-597-9090; www.usatriathlon.org.