NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE ONE’S CHANCES OF WINNING.
SWEEPSTAKES OFFERED ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA.
VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS AND WHERE PROHIBITED BY LAW.
1. Schedule: The Cycle Gear Ed Hardy Giveaway ("Sweepstakes") begins at 12:00 a.m. PST on October 1, 2008, and ends at 11:59 p.m. PST on December 31, 2008 ("Sweepstakes Promotion Period").
2. How to Enter: Individuals may enter the Sweepstakes by using the Website Entry form. All Entries that comply with these rules, regardless of method of Entry, will receive equal treatment. There is a limit of one (1) Entry per person, household, or email address. Subsequent Entries will be disqualified.
Website Entry (“Internet Entry”): Participants may visit www.CycleGear.com (“Website”), click on the link to “Win an Ed Hardy Jacket!” and completely fill out and submit the Entry Information form as directed. In the event of a dispute over the identity of an entrant who submitted the winning Entry online, the entrant will be declared made by the natural person who, at the time of Entry, is assigned to the email address (the “Authorized Account Holder”), according to the Internet Service Provider, Online Service Provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. An Internet Entry will be deemed submitted by the Authorized Account Holder of the email address at the time of Entry. Information required for Entry (collectively “Entry Information”) consists of full name (first and last name), complete address (including zip code, no P.O. Boxes), email address, and telephone number (including area code). Participants must click “Submit” after completing the online form to finalize the Entry. Each Internet Entry will receive one (1) Entry into the Sweepstakes. Internet Entries must be received by 11:59 p.m. CST on December 31, 2008.
3. Official Rules: For these Official Sweepstakes Rules, either (i) send a self-addressed, stamped envelope (“SASE”) to The Cycle Gear Ed Hardy Giveaway "Entry," Cycle Gear, Inc., 4705 Industrial Way, Benicia, CA 94510; or (ii) visit www.CycleGear.com/edhardy.cfm.
4. Eligibility: The Sweepstakes is open to legal permanent residents of the fifty (50) United States (excluding Puerto Rico, the U.S. Virgin Islands and other U.S. Territories and Possessions) and the District of Columbia, 18 years of age or older as of October 1, 2008, and living in the United States or the District of Columbia. Entrants by groups, corporations, or organizations are not eligible to enter this Sweepstakes. Employees and affiliates of Sponsor, Sponsor’s vendors, their respective advertising and promotion agencies, parent companies, subsidiaries, officers, directors, shareholders, board members, agents, service providers, employees and their immediate families (spouses, parents, siblings, children and each of their respective spouses), and/or persons living in the same household as such persons, whether or not related, (collectively, the "Sweepstakes Entities") are not eligible to enter or win this Sweepstakes.
5. Prizes: Four (4) Prize Winners will receive a Men’s Ed Hardy Leather Jacket. The MSRP Value of the Prize is $1,000.00. Prizes cannot be exchanged/redeemed for cash or combined with any other offer and are subject to stated terms and conditions. Prizes cannot be transferred or substituted except at Sponsor’s sole discretion. No substitution, assignment, or prize transfer of the Prize by the Prize Winner is permitted. Sponsor reserves the right, at its sole discretion, to substitute the Prize, in whole or in part, with another Prize of equal or greater value. Any depictions of the Prize are for illustrative purposes only. All costs, federal, state, and local taxes or liabilities, fees, transportation (shipping) costs and ancillary expenses arising from the receipt of the Prize and/or associated with any element of the Prize not specifically addressed herein are the sole responsibility of the Prize Winner. Prize Winner will receive an IRS Form 1099 for the total value of the Prize (stated herein), applicable for the calendar year in which the Prize was awarded. In addition, the Prize Winner is solely responsible for any and all expenses not associated with the Prize.
6. Drawing and Notification of Winner/Odds of Winning: On or about January 3, 2009 ("Drawing Date"), four Prize Winners will be randomly selected by the Sponsor in a drawing from among all eligible Entries submitted. Odds of winning depend on the number of eligible Entries received. Sponsor will notify the winners by email or phone within approximately one (1) week after the Drawing Date. If potential winner is notified by email, he/she must respond within five (5) business days of notification of winning or an alternate winner may be selected. Decisions with respect to the Prize Winner and other matters pertaining to the Sweepstakes shall be final. If potential Prize Winner cannot be contacted after reasonable efforts have been made, if potential Prize Winner is found to be ineligible, if potential Prize Winner fails to comply with these Official Rules or any of the requirements, and/or if any Prize or Prize notification is returned as undeliverable, potential Prize Winner will be disqualified and an alternate potential Prize Winner shall be selected from the remaining eligible Entries, at Sponsor’s sole discretion.
7. Redemption and Verification: All Prize claims are subject to verification and compliance with the Official Rules. To redeem the Prize, the winner must respond within five (5) days of prize notification. The Prize Winner will be required to execute and return an affidavit of eligibility and release of liability and publicity within 15 (fifteen) days of prize notification before award of the Prize. Awarding of the Prize is subject to availability and may be delayed. Ineligibility of the Prize Winner, failure to comply with these Official Sweepstakes Rules or requirements, and/or return of prize notification as undeliverable will result in the forfeit of the Prize and selection of an alternate Prize Winner from remaining eligible Entries, at Sponsor's sole discretion.
8. General Conditions: The Sweepstakes is subject to these Official Rules and all federal, state, and local laws and regulations (collectively "Rules and Laws"). If, for any reason, the Sweepstakes cannot occur as originally planned or is compromised in any way, Sponsor, at its sole discretion, reserves the right to cancel, terminate, suspend, or modify the Sweepstakes in whole or in part and conduct a random drawing to award the Prize using all salvageable eligible Entries received, if any, as of the end date of the Sweepstakes Promotion Period.
9. Privacy, Publicity and Use of Data: Information submitted with an Entry will be subject to Sponsor's Privacy Policy, which is stated on Sponsor’s Website, www.CycleGear.com. Unless prohibited by law or Sponsor's Privacy Policy, Entry in the Sweepstakes and/or acceptance of a Prize constitutes permission for the Sweepstakes Entities to use worldwide and in perpetuity Prize Winner's name, address (city and state), image, likeness, biographical information, voice and/or video for trade, advertising, publicity and promotional purposes in all media now known or hereafter discovered, including without limitation, the World Wide Web (i.e., www.CycleGear.com), television, and/or radio, without notice, review, approval, or compensation. Prize Winner agrees to execute specific consent documents to such use if requested to do so. Sponsor will be collecting personal data about participants (including, without limitation, name, phone number, mailing address, age, and email address) when they enter the Sweepstakes. Sponsor is entitled to use such personal data contained in all entry forms, on-line or otherwise, in accordance with Sponsor’s privacy policy.
10. Disclaimers: By entering and participating in this Sweepstakes, all entrants, Prize Winner, and his/her family members, agents, and employees release and hold harmless Sponsor and each of the Sweepstakes Entities, as well as the respective officers, directors, agents, employees, shareholders and board members of the foregoing entities, and all others associated with the development and execution of this Sweepstakes from and against any and all actions, claims, and/or liability with respect to or in any way arising from participation in this Sweepstakes, and/or acceptance or use of the Prize, including liability for personal injury, death, damages, or loss. Sponsor, its respective affiliates, subsidiaries, parent corporation, each of the Sweepstakes Entities, and their respective officers, directors, shareholders, distributors, employees, and agents of the Sweepstakes Entities are not responsible for: any incorrect or inaccurate Entry Information; printing errors; or human errors; theft, tampering, destruction or unauthorized access to or alteration of Entries; technical malfunctions; failure, omission, interruption, deletion, or defect of any telephone networks, computer online systems, computer dating mechanisms, computer equipment, software, or Internet Service Providers; interruption or inability to access the Sweepstakes online Entry form, the www.CycleGear.com Website, or any online service via the Internet due to hardware or software compatibility problems; any injury or damage to entrant's (or any third person's) computer and/or its contents relating to or resulting from participation in this Sweepstakes; any lost/delayed data defects and/or any other errors or malfunctions, even if caused by the negligence of one of the Sweepstakes Entities; Entries or transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any Website; and entries that are late, lost, incomplete, misdirected, stolen, illegible, postage due, or any combination of the foregoing.
11. Limitation of Liability: In no event will Sponsor or the Sweepstakes Entities be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential, or punitive damages arising out of access to and use of the Prize, any Cycle Gear retail location(s), the Website, or the downloading from and/or printing material downloaded from said Website. Without limiting the foregoing, everything on the Website is 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, or non-infringement. Some jurisdictions may not allow the limitations or exclusion or liability for incidental or consequential damages or exclusion of implied warranties, therefore, some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
12. Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Sweepstakes Rules, or the rights and obligations of entrant, Sponsor and/or Sweepstakes Entities in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without regard for conflicts of law doctrine.
13. Name of Winner: On or about January 3, 2009, the name of the Prize Winner may be obtained by mailing a SASE to: The Cycle Gear Great Bike Giveaway "Winner’s Name," Cycle Gear, Inc., 4705 Industrial Way, Benicia, CA 94510. Requests postmarked after March 5, 2008 will not be honored.
14. Sponsor: Cycle Gear, Inc., 4705 Industrial Way, Benicia, CA 94510.
15. Legal Warning: Any attempt by an individual, whether or not an entrant, to damage, destroy, tamper with or vandalize this Website or the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws. Cycle Gear, Inc., reserves the right to seek any and all remedies and damages (including Attorneys’ fees) against such individual to the fullest extent permitted by law and in equity.
