Big 5 Sporting Goods
Madd Gear Scooter Sweepstakes
NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT, OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
FOR PERSONS WHO ENTER THIS SWEEPSTAKES, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD. SWEEPSTAKES PRIZES WILL BE AWARDED SUBJECT TO THESE RULES.
1. Introduction. This Big 5 Sporting Goods Madd Gear Sweepstakes (this "Sweepstakes") is sponsored by Big 5 Corp., d/b/a Big 5 Sporting Goods (“Sponsor”), located at 2525 East El Segundo Boulevard, El Segundo, California 90245.
From among all eligible entries received, winners will be selected at random as described herein for the following prizes:
(a) One (1) separate prize consisting of a “Madd Gear Nitro Scooter” (“Grand Prize”). The Grand Prize has an approximate retail value of Two Hundred and Fifty Dollars ($250.00); and
(b) Four (4) separate prizes each separate prize consisting of a “Madd Gear VX2 Pro Scooter” (each, a “First Prize”). Each First Prize has an approximate retail value of Ninety-Nine Dollars and Ninety Nine Cents ($99.99) each (each, a “First Prize”).
By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. THIS SWEEPSTAKES IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY FACEBOOK.
2. Timing. This Sweepstakes begins on May 20, 2013 upon notice of this Sweepstakes being posted on Facebook and ends on June 21, 2013 at 3:00 p.m. Pacific Time ("Entry Period"). Sponsor may select the official time keeping device for this Sweepstakes in its sole and absolute discretion. All entries must be received during the Entry Period. No exceptions.
3. Eligibility. Except as otherwise indicated herein, this Sweepstakes is open to legal residents of the Continental United States, who are Facebook members (except if otherwise provided herein), from the date they submit their entry through the date winners are chosen and notified, and who are at least eighteen (18) years of age or older at the time of entry. All entries by persons under eighteen (18) years of age at the time of entry are VOID. Employees, officers and directors of Sponsor, Madd Gear, and their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee, officer and director, are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All applicable federal, state, and local laws apply. This Sweepstakes is void where prohibited.
4. To Enter.
Limit one entry per person. A person may obtain his/her one entry by doing any of the following:
a. Enter Via Sponsor’s Facebook Page: During this Entry Period if you are a fan of Big 5’s Facebook page (which requires that you sign up for the same), then you may receive a communication notifying you of this Sweepstakes. In order to become eligible to win, you must submit photo or videos of yourself performing a “trick” directly on the “Wall” of Big 5 Sporting Goods’ Facebook page, www.facebook.com/big5sportinggoods, following all instructions to complete the submission. A “trick” is defined as riding a scooter/skateboard or other self-powered wheeled means of transit (excluding automobiles, bicycles, anything with a motor, and/or anything powered by electricity). If you post one photo or video to the Big 5 Sporting Goods Facebook “Wall”, then you automatically will receive one (1) entry into this Sweepstakes (each, a “Facebook Entry”). Caution: Big 5 advises that you ride safely and that you wear a helmet at all times. Big 5 advises against performing any dangerous tricks. Ultimately, only you are knowledgeable whether riding a scooter
b. Enter Via Other Means: During this Entry Period you may receive notice of this Sweepstakes by means other than as described in Section 4a above. In that event, follow the links and instructions to complete submission. If you post a photo to the Big 5 Sporting Goods Facebook “Wall”, then you automatically will receive one (1) entry into this Sweepstakes (each, a “Standard Entry”).
c. Method of Entry Via Write-In: During this Entry Period, you may also enter via write-in. You may obtain one (1) entry into the Sweepstakes by emailing your full name, address, and phone number (and e-mail address if you have one) to [email protected] .
6. Limit: One (1) entry per person. Each entrant must enter with his/her own Facebook profile. Multiple entrants are not permitted to enter via the same Facebook profile. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different identities, registrations and logins, or any other methods to obtain additional entries beyond the limit will void all of that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the Facebook profile used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned a Facebook Profile by a Facebook.com. The potential winner may be required to show proof of being the authorized account holder. Notwithstanding the foregoing, in distributing prizes, Sponsor is entitled to rely on all communications sent from (or appearing to be sent from) the winning Facebook Profile even if such communications are not actually sent by the authorized account holder.
7. Selection of Potential Winner. All potential winners must comply with these Official Rules and winning is contingent upon fulfilling all requirements. If an eligible entry is selected for a prize, then the entrant will be notified via Facebook messaging to the entrant’s Facebook e-mail address submitted with the entry (“Prize Notice”). To claim the prize, the entrant will have ten (10) days from the date that Sponsor sent the Prize Notice to respond to Sponsor via e-mail in accordance with the instructions in the Prize Notice (“Prize Claim Notice”). Entrant’s Prize Claim Notice must include a valid postal address in the continental United States where Sponsor should send the prize. No more than one (1) prize will be sent to any particular postal address. Except where prohibited, Sponsor may require that each potential winner execute and return to Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, if he/she fails to give the Prize Claim Notice, if he/she fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, or a prize or Prize Notice is returned as undeliverable, an alternate entrant will be selected at random from among all eligible entries received. There will be three (3) alternate drawings for each prize, after which the prize will remain un-awarded.
Sponsor reserves the right to conduct a background check on any or all entrants, and Sponsor reserves the right to disqualify any individual based on such background check if Sponsor determines in its sole discretion that awarding a prize to any such individual might reflect negatively on Sponsor or any of its Sweepstakes partners. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification and background check activities, including, without limitation, by executing and delivering to Sponsor or its designee by the time indicated by Sponsor or its designee any verification and background check authorization forms required by Sponsor or its designee.
8. Prizes. Five (5) winners will be selected subject to the terms of these Official Rules. Each winner for each prize will be selected at random from among all entrants. One winner will be selected each Friday during the Sweepstakes among the all entries received by 3:00 p.m. on each Friday. That is, a First Prize Winner will be selected on the first Friday, second Friday, third Friday, and fourth Friday of the Sweepstakes. The Grand Prize Winner will be selected on the final day of the Sweepstakes. As more particularly described above, if one or more prizes are not claimed by a valid Prize Claim Notice after selection and Prize Notice or if a particular prize is otherwise not awarded due to non-compliance by the entrant with these Official Rules, then Sponsor will select another winner for such prize from the remaining eligible entries (if multiple prizes remain unclaimed, then a winner for each such prize will be selected in the foregoing order).
Odds of winning each prize depend on the number of entries received during the Entry Period. Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prizes may not be returned to stores and are given “as-is” and may not be returned or exchanged in store. Prizes must be accepted as awarded. One prize per person or household. If not enough eligible entries are received to distribute each of the prizes to a separate eligible entry, then Sponsor will retain and not distribute the prizes to the extent that there are insufficient eligible entries (Except to the extent otherwise required by applicable law). Sponsor reserves right to substitute prize of equal or greater value if advertised prize is unavailable. No other substitution or transfer of prize permitted. Prizes consist of only those items specifically listed as part of the prize. Taxes and fees, if any, are the sole responsibility of winners. Prizes may be subject to reporting for tax and other purposes. Winners should consult their tax advisers with respect to any applicable taxes relating to any prize. Additional terms and limitations on returns may apply in Sponsor’s sole and absolute discretion, subject to applicable law.
9. Publicity. Except where prohibited, participation in this Sweepstakes constitutes each and every entrant’s agreement and consent to Sponsor’s and its designees’ use of entrant’s name, city, state, province, voice, likeness, photo, biographical and/or prize information for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including television, radio, mobile media and the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Nothing shall obligate Sponsor to so use or engage in any of the foregoing.
10. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor’s reasonable control corrupt the administration, security, fairness, integrity or proper operation of this Sweepstakes. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it believes to have tampered with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor’s Web site or undermine the legitimate operation of this Sweepstakes 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Release. Sponsor and its agents, affiliates and advertising and promotion agencies (a) make no warranty, guaranty or representation of any kind outside those written in these Official Rules, (b) disclaim any implied warranty; and (c) are not in any way responsible or liable for damage, loss or injury resulting from acceptance and use of a prize. Winner assumes liability for injuries or damages of any kind caused or claimed to be caused by participating in the Sweepstakes (including, but not limited to, injuries occurring while filming or taking a picture of a “trick” for the Sweepstakes), or by the acceptance, possession or use of any prize. By entering, each entrant forever and irrevocably releases, indemnifies and holds harmless Sponsor, Madd Gear, Facebook and their designees, and their respective parents, subsidiaries and affiliates, agents, officers, directors, shareholders, advertising and promotion agencies, Sweepstakes partners and prize suppliers (“Release Parties”) from and against all claims, injuries, damages, losses or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Sweepstakes and/or entrant's award, receipt or use of any prize awarded in the Sweepstakes.
12. Limitations of Liability. Without limiting the generality of the foregoing, by entering this Sweepstakes, each entrant agrees that the Released Parties are not responsible for, and are thereby released from liability in connection with: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or this Sweepstakes; (4) technical or human error which may occur in the administration of this Sweepstakes or the processing of entries; or (5) late, lost, undeliverable, damaged or stolen mail (or other communication, such as e-mail); or (6) any injury (including but not limited to any personal injury sustained or resulting from performing a “trick” in order to submit a picture or video) or damage to persons or property (including but not limited to personal injury, entrant's computer, or third parties’ personal or real property), which may be caused, directly or indirectly, in whole or in part, from entrant's participation in this Sweepstakes, receipt or use or misuses of any prize, or from downloading any material from any Released Party’s Web site(s) (including social media websites), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's web site by a hypertext link. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in this Sweepstakes, provided that if it is not possible to award another entry due to discontinuance of this Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
13. Disputes. By entering this Sweepstakes, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively in Los Angeles County, California and shall not in any event be brought against any of the Released Parties; (2) any and all claims, judgments and awards shall be limited to the lesser of $250.00 (two hundred and fifty dollars even) or the actual out of pocket costs incurred to submit an eligible entry for this Sweepstakes (whichever is less), but in no event any attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses as described above, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant, Sponsor and/or Released Parties in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
15. Governing Law. This Sweepstakes and these Official Rules will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California.
16. Termination of Sweepstakes. Sponsor reserves the right to modify, cancel, suspend or terminate the Sweepstakes in whole or in part, at any time. Should the Sweepstakes be terminated prior to the stated expiration, notice will be posted. In the event the Sweepstakes are terminated prior to June 30, 2013 by a third party or by Big 5, the Entry Period will be defined as the date the Sweepstakes began through the date and time the Sweepstakes were terminated. If this occurs, all remaining prizes will be awarded by randomly drawing winners in accordance with the procedures described above.
17. Severability. If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
18. Winner's List/Official Rules. For Winner List and a set of Official Rules, send a self-addressed, stamped envelope to:
Big 5 Sporting Goods “Madd Gear” Sweepstakes
2525 East El Segundo Boulevard
El Segundo, CA 90245
Requests must be received by December 31, 2013 (or such later date as may otherwise be required by law). Residents of Vermont (and any other jurisdiction that requires the same by law) may exclude return postage for Official Rules.