The Open Giveaway Official Rules
And now for the fine print…about our 2019 Open Giveaway. Official contest runs July 15-July 21, 2019.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. DO NOT ENTER THIS SWEEPSTAKE IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY AND A LEGAL RESIDENT OF AND CURRENTLY RESIDING IN ONE OF THE FIFTY (50) UNITED STATES OR THE DISTRICT OF COLUMBIA, (EXCLUDING PUERTO RICO, ALL U.S. TERRITORIES AND ALL OVERSEAS MILITARY INSTALLATIONS). THIS SWEEPSTAKE IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, FACEBOOK, or TWITTER.
1. Sweepstakes OVERVIEW/HOW TO ENTER. To enter the “PURE Grips Open Giveaway” (“Sweepstakes”) visit the original giveaway Instagram post and follow post instructions. Entrants must meet the requirements in their entirety. No purchase is required and purchases will not increase your chance of winning. There is no limit on number of entries. Failure to comply with these instructions, or abide by these “Official Rules” will result in disqualification. Entry in the Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of PURE Grips, which shall be final and binding in all respects.
Incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor and its agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Proof of entering information at Website does not constitute proof of delivery or receipt. Sponsor reserves the right to modify the scheduling of the Sweepstake without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstake is prohibited and may result in the disqualification of the entrant. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person in whose name the official form is registered on the date the entry is submitted. All entries become the sole property of the Sponsor and will not be acknowledged or returned. The Website’s database clock will be the official timekeeper for this Sweepstake. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible.
3. ENTRY DEADLINES. Entry into this Sweepstakes begins July 15th, 2019 12:00 a.m. Mountain Time (“MT”) and ends at 11:59:59 MT on July 21st, 2019 (the “Sweepstake Period”). Entries will not carry over into any other sweepstakes. Sponsor will announce the winner on July 22nd, 2019. Each potential winner will be notified using the contact information provided at the time of entry. If a dispute arises over entitlement to a Prize (as defined below), the winner is the person to whom the Instagram account was assigned by the appropriate agency, Internet service provider, business, or organization. If any Prize, Prize notification, or Sweepstakes related communication is lost, rejected, faulty, or returned as undeliverable or if a winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), then that winner may be disqualified and an alternate potential winner may be randomly selected. If a potential winner (a) is determined to be ineligible, (b) is not in compliance with these Official Rules, or (c) declines a Prize for any reason prior to it being awarded, then such potential winner will be disqualified and an alternate potential winner may be selected. If, for any reason, a more bona fide winner comes forward seeking to claim the Prize, then the winners will be entered into a drawing and selected at random. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under those circumstances.
4. JUDGING. A winner will be picked randomly by employees of Sponsor and/or its affiliates. The decision of the judges and Sponsor will be final and binding on all matters related to the Sweepstake.
5. THE PRIZE. PURE Grips will award one (1) prize consisting of a set of thirteen PURE Pro Midsize grips in Rhythm Red (“Prize”). The Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize. No cash redemption or Prize substitution allowed, except by the Sponsor, who reserves the right in its sole discretion to substitute cash value or another prize it believes is of equal or greater value. All Prizes are non-transferable and will be awarded. Each entry will have an equal chance of winning. There is a limit of one Prize per person per calendar year. Each 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, without limitation, to the Prize’s quality, merchantability or fitness for a particular purpose or express warranties (if any) provided exclusively by a supplier that are sent along with the Prize. Sponsor will not replace any lost or stolen Prizes.
6. CONDITIONS OF PARTICIPATION. Each Prize winner may be required to complete and return a declaration of eligibility, release of liability and a publicity release before receiving the Prize. The winner is responsible for paying all federal, state and/or local taxes, and any other fees, costs or expenses associated with the Prize they receive. Accepting a Prize constitutes permission to use the winner’s name, city, state, and likeness (including his/her voice, biographical information, city and state of residence, statements, and/or photograph(s)) for advertising and promotional purposes without compensation or notice to the extent permitted by law.
7. ELIGIBILITY/GENERAL RULES. This Sweepstake is only open to natural persons who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, all U.S. Territories and Possessions and all Overseas Military Installations) and who are at least eighteen (18) years of age as of the date of entry. Employees of Sponsor, its parent company, subsidiaries, affiliates, directors, officers, advertising and promotional agencies, their immediate family members (defined for these purposes as including spouses, parents, step-parents, children, step-children, siblings, step-siblings, and each of their respective spouses), and/or those living in the same household of each (whether legally related or not) are not eligible to enter or win. Void where prohibited by law. All federal, state and local laws and regulations apply. By entering and participating, entrant agrees to hold harmless, defend and indemnify (a) Sponsor, its parent company, subsidiaries and affiliates and the officers, directors, employees and advertising and promotional agencies of each such entity (“Sweepstake Entities”); and (b) Instagram from and against any and all claims, demands, liability, damages or causes of action (however named or described), losses, costs or expenses, with respect to or arising out of or related to (i) entrant’s participation in the Sweepstake, or (ii) entrant’s participation in any Prize related activities, acceptance of a Prize and/or use or misuse of a Prize (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The Sweepstake Entities are not responsible for: (A) typographical errors and for misdirected or incomplete entries, (B) problems with telephone lines, computer systems or equipment, failure of email, or (C) problems with the Internet or entrant’s connection to it. Sponsor reserves the right to void any entries and/or to change the promotion if it determines in its sole discretion that actual or suspected tampering with the promotion or automated entries, or technical difficulties that affect an entry or the promotion. Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Sweepstake or Website, and to cancel, terminate, modify, or suspend the Sweepstake without notice and to select the winner from all eligible entries received prior to the cancellation or termination if, for any reason, the Sweepstake is not able to run as planned including without limitation infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstake. The Sweepstake Entities assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Website, theft or destruction, or unauthorized access to, or tampering with or hacking of Website, any combination thereof, or otherwise, including any injury or damage to any entrant’s or any other person’s computer related to or resulting from participation in the Sweepstake. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE SWEEPSTAKE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS 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.
8. DISPUTE RESOLUTION/GOVERNING LAW/JURISDICTION. Subject to the terms and conditions imposed by PURE Grips, the Prize, redemption of the Prize, and these Official Rules, their validity, applicability, interpretation and enforcement, are governed by and shall be construed in accordance with the substantive laws of the State of Arizona (without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws) and the United States of America applicable to contracts made and performed entirely in Arizona.
BY SUBMITTING AN ENTRY, EACH ENTRANT AGREES THAT ALL DISPUTES, CLAIMS, CONTROVERSIES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR IN TORT) ARISING OUT OF OR RELATING TO THIS SWEEPSTAKES, THE PRIZE AND/OR THESE OFFICIAL RULES WILL BE SUBMITTED TO AND RESOLVED INDIVIDUALLY BY FINAL AND BINDING ARBITRATION WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ARBITRATION SHALL BE HELD IN PHOENIX, ARIZONA, GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ., AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS COMMERCIAL ARBITRATION RULES (THE “RULES”) IN EFFECT ON THE DATE OF THE THEREOF. IN CONNECTION WITH SUCH ARBITRATION, THERE SHALL BE A SINGLE ARBITRATOR APPOINTED ACCORDING TO THE RULES WHO MUST BE NEUTRAL AND MUST BE KNOWLEDGEABLE IN THE SUBJECT MATTER OF THE DISPUTE. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR SUPPLIED BY THE AAA FROM A LIST OF ARBITRATORS LICENSED TO PRACTICE IN ARIZONA. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR'S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR'S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS' FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
ENTRANT HEREBY WAIVES ENTRANT’S RIGHT TO A JURY TRIAL WITH RESPECT TO ALL DISPUTES, CONTROVERSIES, CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS SWEEPSTAKE, THE PRIZE, AND THESE OFFICIAL RULES WHETHER IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET EXPENSES, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE OFFICIAL RULES OR SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF.
9. WINNER INFORMATION. For the name(s) of the Prize winner, information containing winner’s full name, shipping address, email and phone number will be required. Requests must be received no later than 60 days after the close of the Sweepstake Period for which you are seeking winner information.
10. SPONSOR. PURE Grips 954 E Juanita Avenue Mesa, Arizona 85204.