Terms and Conditions - Sign Up and Win with ADICTA LAB
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVES ANY DISPUTE. PLEASE READ THESE TERMS AND CONDITIONS.
1. How to Enter: BMC Switzerland AG, CHE-113.072.038, located at Sportstrasse 49, CH-2540 Grenchen (“Sponsor”) sponsors “Sign Up and Win with ADICTA LAB” (the “Promotion”) which commences August 7, 2023, at 12 am PST and ends on September 8, 2023, at 12 am PST (the “Entry Period”). At any time during the Entry Period, participants may enter the Promotion by entering a valid email address and agreeing to these terms and conditions on the following website: https://www.adicta-lab.com/sign-up-and-win-with-adicta-lab (a “Submission”). By clicking submitting a Submission, each participant unconditionally accepts and agrees to comply with and abide by these official rules (the “Official Rules”) and the decisions of the Sponsor, which shall be final and binding in all respects. Entries will be acknowledged by an automated e-mail response.
2. Entry Conditions and Release: By entering, each participant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Promotion; (b) release and hold harmless Sponsor and its subsidiaries, and affiliated companies, participating sponsors, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion, and each of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an participant's participation in the Promotion and/or participants acceptance, use, non-use or misuse of the prize.
3. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER OR WIN. Open to legal residents of the EU and Switzerland who have reached the age of eighteen (18) in their state or territory of residence at time of entry. Void in Belgium, Sweden and where prohibited by law. Employees of Sponsor, their parents, affiliates and subsidiaries, participating advertising and promotion agencies, independent judging organizations, and prize suppliers (and members of their immediate family and/or those living in the same household as each such employee) are not eligible. Any use of robotic, repetitive, automatic, programmed, or similar entry methods or agents will void all entries made by, or associated with, the applicable participant. In the event of a dispute over who submitted any entry, the authorized subscriber of the e-mail account provided in connection with the entry, as of the actual time that such entry was received by Sponsor, will be deemed to be the participant. The “authorized account subscriber” is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor may require a participant to provide proof of being the authorized account subscriber, which must be provided or else that participant may be disqualified.
4. WINNER SELECTION/JUDGING. At the end of the Entry Period, Sponsor will review the Submissions for eligibility and will select in a random drawing (1) one winner (“Winner”), which shall be final and binding. The Winner will be contacted by one of our agents and will be notified by email within thirty (30) business days after being selected. The potential Winner is not a Winner of any prize until his/her eligibility has been verified and he/she has received notice from the Sponsor that he/she has been selected, even if any information on the Sponsor’s website on any other location indicates that a participant has won. A potential Winner may be required to sign an affidavit of eligibility and liability release and, where permitted, a publicity release. If a potential Winner cannot be contacted within forty-eight (48) hours after the Sponsor attempts notification, is ineligible to win a prize, or fails to return any and all requested documentation within the time stated on the notification (whether or not potential Winner actually receives that notification), refuses the prize, or otherwise fails to comply with these Official Rules, then the potential Winner forfeits the prize in its entirety. An extension cannot be issued. If a potential Winner forfeits a prize, Sponsor will select a substitute potential Winner by random drawing from the remaining eligible entries. The Sponsor’s decisions as to the administration and operation of the Promotion and the selection of the potential Winner are final and binding in all matters related to the Promotion. Good luck! THE ELIGIBILITY OF ALL POTENTIAL PROMOTION WINNERS IS SUBJECT TO VERIFICATION BY THE SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
5. PRIZE: There is a total of one (1) prize available to be won in connection with the Promotion, this prize shall consist of (1) one ADICTA LAB voucher to purchase ADICTA LAB apparel on www.adicta-lab.com (the “Prize”). The approximate retail value of the Prize is €1,000 EUR (CHF 1,000). The prize winner will be selected at random by a jury consisting of individuals who are veterans of the cycling industry. The Prize winner will be notified by email. The prize and ADICTA LAB apparel on www.adicta-lab.com is subject to availability and conditions.
6. PRIZE COLLECTION. It is the sole responsibility of the participant to notify Sponsor during the Promotion Period if his/her email address, mailing address or any other contact information changes. The prize winner may be required to sign an affidavit of eligibility and release of publicity/liability (“Affidavit”) (where legal) within seven (7) days. If any mail is returned as undeliverable without a forwarding address, a potential winner cannot be contacted within seven (7) days (or other time period noted by Sponsor) of the first attempt to contact him/her, or if he/she or his/her guest fails to return the signed Affidavit within seven (7) days (or other time period noted by Sponsor), or if the potential Prize winner is deemed ineligible for any other reason in Sponsor’s sole discretion, the potential Prize winner will be disqualified and an alternate Prize winner will be selected in his/her place by the panel from all remaining eligible entries received.
7. GENERAL PRIZE CONDITIONS. The prize will be awarded only if the potential Winner fully complies with these Official Rules. All costs, including federal, state, and local taxes, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the Winner. The Winner is responsible for all taxes associated with prize receipt and/or use. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor. Taxes on and in connection with all prizes are the sole responsibility of each winner. Prizes are not transferable. No more than the advertised number of prizes will be awarded. All amounts reflected as dollar credits, gift cards or cash awards are not intended as “per person allocations” and are payable once and only to the winner. Any difference between the stated approximate retail value and the actual value of the Prize will not be awarded. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. The Sponsor is not responsible if the Winner does not use any portion of the Prize. The Sponsor and its employees, contractors, directors and officers, and each of its parents, subsidiaries, franchisees, divisions, affiliates, suppliers, distributors, advertising and promotional agencies, as applicable, and their respective officers, directors, shareholders, members, employees, agents, successors and assigns, and all others associated with the development, promotion, evolvement and execution of this Promotion, are not responsible for any issues arising from venue operations/management and/or if the Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulations(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, pandemics, epidemics, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions, or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. No portion of the prize is transferable or assignable without the prior written consent of Sponsor, which Sponsor may withhold for any or no reason in its sole discretion. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion.
8. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each participant hereby acknowledges and agrees that the relationship between the participant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the participant’s decision to provide the participant’s Submission to Sponsor for purposes of the Promotion does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the participant’s Submission. Each participant understands and acknowledges that the Sponsor has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each participant also acknowledges that many ideas or materials may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each participant acknowledges and agrees that such participant will not be entitled to any compensation as a result of the Sponsor’s use of any such similar or identical material. Each participant acknowledges and agrees that the Sponsor do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each participant acknowledges that, with respect to any claim by participant relating to or arising out of the Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief, and participant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
9. Publicity. Participants agree that by providing their email address they give permission to the Sponsor online newsletter lists and receive future correspondence via email. Except where prohibited by law, participation in the Promotion constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. Participants may remove their name from the list at any time by clicking 'unsubscribe'.
10. Sharing the Promotion. Upon entering the Promotion, a link is provided by the Sponsor to the Promotion participants. The Promotion participants may share this link on social media and their friends to increase their chances of winning with every referred friend that enters the Promotion themselves. Links should only be used for personal, non-commercial purposes, and should never be distributed where there is no reasonable belief that all or most of the recipients are personal friends. The Sponsor reserves the right to deny any additional entries believed to be gained through fraudulent means.
11. Disputes. Participants agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of the winner, shall be resolved individually, without resort to any form of class action; disputes shall be governed by and construed in accordance with the laws of Switzerland to the exclusion of the United Nations Convention of April 11th, 1980, on Contracts for the International Sale of Goods (“Vienna Convention”) and the Swiss rules of private international law. (ii) Any claims shall be brought in a court of competent jurisdiction located in Grenchen, Switzerland. Sponsor shall not in any case be liable for other than compensatory damages, and your entry in the Promotion means that you agree to these conditions and expressly waive any right to punitive damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF PARTICIPANTS OR SPONSOR IN CONNECTION WITH THE PROMOTION OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE PROMOTION, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SWITZERLAND TO THE EXCLUSION OF THE UNITED NATIONS CONVENTION OF APRIL 11th, 1980, ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“VIENNA CONVENTION”) AND THE SIWSS RULES OF PRIVATE INTERNATIONAL LAW WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
13. General Conditions. Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. 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 Promotion or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. LIST OF WINNERS: The name of the winner of this Promotion will be added to the winner announcement landing page and all participants will receive a winner announcement email directing them to the winner announcement landing page once such a winner has been selected. Request for Name Prize Winner and Official Rules: For the name of the Prize winners, and/or Official Rules, send a self-addressed stamped envelope to Sponsor at: BMC Switzerland AG located at Sportstrasse 49, CH-2540 Grenchen.
15. Prize Provided by: BMC Switzerland AG, CHE-113.072.038, Sportstrasse 49, CH-2540 Grenchen.
