3. HOW TO ENTER: You may enter the Random Drawing beginning 8am PST June 15, 2015 and ending on midnight PST July 26, 2015, (such period is referred to in these rules as the “Promotion Period”) by signing up for KQED’s 7-Day Brain Flex during the Promotion Period. One winner will be chosen by random drawing from all eligible entries received during the Promotion Period.You may enter only once during the Entry Period. Limit of one entry per person and per household, regardless of method of entry. Duplicate entries from the same e-mail address/household will be automatically eliminated. Where a dispute arises about who submitted an online entry, the entry will be deemed submitted by the holder of the e-mail account.
Sponsor reserves the right to verify eligibility of all Entrants. This Random Drawing is in no way sponsored, endorsed or administered by, or associated with Facebook, Cue, Twitter or Instagram.
4. WINNER SELECTION, NOTIFICATION AND ODDS OF WINNING: One (1) Entrant who properly completes all necessary steps for Random Drawing (a “Prize Winner”) and one alternate will be chosen at random in a drawing by Sponsor or its designee. The Drawing will be held on July 27, 2015. The Prize Winner will be contacted via email (“Prize Notification”). To be confirmed a Prize Winner, you will be required to reply to the Prize Notification within three (3) business days (the Prize Notification Period”) with an acceptance of these legal rules. If the selected Prize Winner has not responded within the Prize Notification Period, then the prize will be deemed forfeited and awarded to the alternate. If the alternate fails to respond to a Prize Notification within three business days, the Prize will not be awarded.Odds of winning depend on the number of eligible Entrants who participate, and are equal regardless of method of entry.
5. Prize: One Prize will be awarded. The Prize will be the Prize Winner’s choice of either one Specialized 2014 Vita women’s bicycle or Prize Winner may apply the value of $399 to the purchase of another bike from Valencia St. Cyclery. The value of this prize is approximately $399. The prize must be collected from Valencia St. Cyclery at 1077 Valencia St., San Francisco, CA 94110. Transport to and from Valencia St. Cyclery will not be provided.
6. PRIZE RESTRICTIONS: No portion of the Prize may be transferred, redeemed for cash or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize Winner. The Prize and all elements thereof, are subject to availability. The Prize is 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). Acceptance, participation in and/or use of the Prize is at Prize Winner’s sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.Prize Winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. The Prize Winner may be issued a 1099 tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize Winner of his/her tax obligations associated with winning the Prize.
7. PUBLICITY/PRIVACY POLICY: Except where prohibited by law, Prize Winner’s entry and acceptance of a Prize constitutes the Prize Winner’s irrevocable, sub-licensable, absolute right and permission for the Sponsor to use, publish, post or display said Prize Winner’s name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s sole discretion) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, opportunity to review, approval, notification, or compensation of any kind and each Entrant releases Sponsor from any and all liability related thereto. Nothing contained in these Official Rules obligates the Sponsor to make use of any of the rights granted herein and Prize Winner waives any right to inspect or approve any such use.In order to participate in the Random Drawing, Entrants will be required to supply their email address while signing up for KQED’s 7-Day Brain Flex. This information will be used by Sponsor for the purposes of administering the Random Drawing and contacting the Prize Winner. Sponsor may also use Entrants’ email addresses to send Entrants emails from Sponsor that Sponsor thinks will be of specific interest to Entrants. Sponsor will not share Entrants’ email addresses with third parties.
8. GENERAL CONDITIONS: This Random Drawing is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Random Drawing or these Official Rules. All Entrants agree to follow the Official Rules. In consideration for being awarded a Prize, or any portion thereof, the Prize Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize Winner’s (and guest’s) name and/or likeness in any and all advertising, promotions and other publicity conducted by Sponsor, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Random Drawing without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. PRIZE WINNER AND ALL ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE SPONSOR, RANDOM DRAWING ENTITIES, CUE, TWITTER, FACEBOOK, INSTAGRAM AND THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY OR LOSSES, TO ANY PERSON (INCLUDING DEATH), OR PROPERTY, OF ANY KIND RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY FROM ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE, ANY PORTION THEREOF OR PARTICIPATION IN ANY RANDOM DRAWING RELATED ACTIVITY OR PARTICIPATION IN THIS RANDOM DRAWING.By entering this Random Drawing, the Entrant agrees to the following Statement:
I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR." The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.
10. LIMITATIONS OF LIABILITY: The Sponsor is not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the Random Drawing or downloading any material for the Random Drawing, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Random Drawing or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Random Drawing by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Random Drawing is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Random Drawing is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Random Drawing, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Random Drawing.To the maximum extent permitted by law, in no event will KQED be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the Random Drawing, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.
11. DISPUTES: Except where prohibited, as a condition of participating in this Random Drawing, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Random Drawing or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco, California; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Random Drawing, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives 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 (iv) this Random Drawing and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
12. MISCELLANEOUS:
(a) Dates and Deadlines: Because of the unique nature and scope of the Random Drawing, the Random Drawing Provider reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Random Drawing.
