NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. VOID WHERE PROHIBITED.
By entering into this Sweepstakes, I accept the terms and conditions and set forth in these Official Rules. I confirm I am at least 18 years old and have reached the age of majority in my jurisdiction of residence at the time of opt-in. Only Poseidon Bike is sponsoring the sweepstakes and responsible for operating the Sweepstakes. No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited. (New Jersey Notice: This Sweepstakes is not void in New Jersey).
SWEEPSTAKES ENTRY PERIOD: The Poseidon Bike Giveaway begins at 06:00:01 AM Pacific Time on Friday, March 24th, 2023 and ends at 12:00:00 AM Pacific Time on Wednesday, April 5th, 2023 (the "Sweepstakes Period"). Entries submitted before or after the Sweepstakes Period will not be eligible. There are two (2) individual drawings in this Sweepstakes during the Sweepstakes Period. The entry deadlines and dates of those drawings are described below in these Official Rules. Entries received after the entry deadline for that drawing are not eligible for that drawing. Enter one time only, then you will be entered for all drawings taking place after your eligible entry has been received. You should not enter more than one time for this Sweepstakes and only one entry is permitted. Sponsor's computer is the official timekeeping device for the Sweepstakes.
Eligibility: The Sweepstakes is open to anyone who is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction of residence at the time of entry. (19 in Alabama and Nebraska; 21 in Mississippi) and is a legal resident of the 50 states of the United States (and Washington, D.C.), Canada and has a valid email address/Instagram profile. Employees, independent contractors, interns, officers, directors, and agents of Sponsor are not eligible to enter.
Sponsor: The Sweepstakes is sponsored by Poseidon Bike 529 Mercury Lane Brea, CA 92821
Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor's decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
How To Enter: There is one (1) way to enter:
Method #1: You must complete the form listed on the giveaway page. Contestant must be following both Spindatt and PoseidonBike on instagram in order to be fully entered in this contest. Filling out the form only enters you in the contest partially. Once you have followed both accounts you will be fully entered.
Drawings: Sponsor will select one (1) potential winner in a random drawing of all eligible entries received in each of the two (2) drawings described below. The odds of being selected depend on the number of eligible entries received. The entry deadlines for each Drawing and dates of those Drawings are described below. Entries received after the entry deadline for that Drawing are not eligible for that Drawing. Enter one time only, then you will be entered for all Drawings taking place after your eligible entry has been received. You should not enter more than one time for this Sweepstakes and only one entry is permitted. The Drawings in this Sweepstakes and entry deadlines for each Drawing are as follows:
1. For all eligible entries received between March 24, 2023 and April 5, 2023: Drawing will occur by April 6, 2023 and winner will be notified within seven (7) business days.
2. For all eligible entries received between March 24, 2023 and April 5, 2023: Drawing will occur by April 16, 2023 and winner will be notified within seven (7) business days.
Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winner within five (5) business days of the Drawing by email or text message. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her/their place at random from all remaining entries received. Only up to two (2) alternate potential winners will be selected as needed, after which Sponsor may determine in its sole discretion that there will be no winner and/or that the Sweepstakes will be terminated. Except where prohibited, a potential winner may be required to complete and return an Affidavit of Eligibility, a Liability Waiver, and an IRS W-9 Form. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received.
Prize/Approximate Retail Value ("ARV")/Odds : There are two (2) Prizes available to be won per Drawing for an aggregate total of two (2) prizes to be won for this Sweepstakes (one (1) prize per Drawing). One (1) Grand Prize winner will be chosen per Drawing and will receive one (1) prize with an ARV of up to $1299.99.
Odds of winning will depend upon the total number of eligible entries received.
General: Although subsequent attempts to enter may be received, only the first (1st) Entry received from a particular entrant will be eligible; subsequent attempts by the same person or email address or mobile device/ phone number to enter will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor, and release the Sponsor, its parent, subsidiaries, affiliates, prize providers, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the "Released Parties"), from all claims and liability relating to their participation in the Sweepstakes, and the acceptance and use/misuse of the prize offered. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address or mobile device/phone number submitted at time of entry. Authorized Account Holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address, or who is assigned to a mobile device/phone number by a wireless service provider. Sponsor may ask any entrant or potential winner to provide Sponsor with proof, to Sponsor's satisfaction, that such party is the authorized account holder of the email address or mobile device/phone number associated with the entry.
Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof, or on any network; or (iii) any injury or damage to entrant's or any other person's computer, device or phone related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and any Sweepstakes administrator used by Sponsor (if any), which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in
disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes).
Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be 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. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor.
If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or network failures or problems, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes, at which time, Sponsor reserves the right to (but shall not be obligated to) conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
Prize Conditions: Prize is not redeemable for cash. Prize is not assignable nor transferable. No substitution is permitted except if prize is unavailable or for other reasons determined by Sponsor in its sole discretion, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes will take place, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner's sole responsibility.
Winner is responsible for all federal, state, local and income taxes associated with winning prize. Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, town and state of residence, likeness, voice, opinions, biographical information, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney's fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that Sponsor will use entrant's information, including, without limitation, your email address, phone number, mailing address, or any other contact information provided for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor. You may at any time revoke the use of such information by opting out of future mobile/phone messages by responding via return message that you are opting out. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry.
Disputes: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in Orange County, Brea and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator's decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by the American Arbitration Association ("AAA") or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Orange County, Brea. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn't apply and the dispute must be brought in a court of competent jurisdiction in Orange County, Brea. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
Legal Warning: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor: Poseidon Bike 529 Mercury Lane Brea, CA 92821
Void outside the Continental US, Alaska, Hawaii, and Canada.