Study Mode “Bike to School Giveaway”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANGES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- Eligibility. Subject to the additional restrictions below, the Study Mode Survey Contest (the “Contest”) is open to legal residents of the 50 United States and the District of Columbia who are eighteen (18) years of age or older as of the date of entry. For purposes of these Official Rules, all times are Pacific Standard Time (PST). Employees or agents of Study Mode, Inc. (“StudyMode”) and their respective affiliates, subsidiaries, advertising/promotional agencies, and the members of their immediate families (including, parents, children, siblings or spouse) or those persons living in the same household of such individuals are ineligible to enter or win. The Contest is subject to all applicable federal, state and local laws and regulations and void where prohibited by applicable law or regulation. Participation constitutes participant’s full and unconditional agreement to these Official Rules and any other terms that apply to your use of StudyMode.com, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling the eligibility requirements set forth above and below.
- Sponsor: Study Mode, Inc.,1680 North Vine St., Suite 1200, Hollywood, CA 90028. Study Mode, Inc. is the sole sponsor of the Contest.
- Contest Term. The Contest will begin on August 20, 2015, at 10:00 a.m. and end on September 18, 2015 at 12:00 p.m. (the “Contest Term”). Administrator’s computer is the official time keeping device for the Contest.
- How To Enter. During the Contest Term, you will be entered into the Contest by following StudyMode’s Instagram page located at http://www.instagram.com/study_mode.com, and tagging three friends. You will receive one additional entry for every regram that you post using the hashtag: #StudyModeTime, up to a maximum of two (2) additional entries. Regrams beyond 2 additional entries will be disregarded. Winners will be notified by Instagram private message or on StudyMode’s Instagram page. No other methods of delivery will be accepted, including submission by e-mail. ALL ENTRIES MUST BE SUBMITTED DURING THE CONTEST TERM. All entries become the exclusive property of StudyMode and will not be acknowledged or returned. Winners will be selected at random. By entering, you agree to the terms of these Official Rules. Entry requires signing up for an Instagram account through www.Instagram.com. As of the start of the Contest Term, there is no charge for an Instagram account. If an entrant is a first time visitor to Instagram, such entrant will be prompted to complete the on-screen registration form. If you are a returning visitor, entrant will be prompted to log-in using their e-mail address. Sponsor has no control over the data practices and data collection of Instagram. Posting on Instagram requires a mobile device and therefore message and data rates may apply.
- Additional Rules/Limitations: Only three (3) entries (one for the initial entry and two additional entries via regram) shall be permitted per person. Entries beyond the maximum will be disregarded. All entries must be posted by the end of the Contest Term in order to participate. StudyMode is not responsible for incomplete, lost, damaged, forged, stolen, postage due, late, undeliverable, misdirected, or illegible entries or for failure to receive entries due to transmission failures or technical failures of any kind, including, without limitation, malfunctioning of any network, hardware or software, whether originating with StudyMode or the participant. Any attempt by any participant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s entries and that participant may be disqualified. In the event of a dispute, all online entries will be deemed to have been submitted by the owner of the ISP account from which they were sent. For these purposes, an ISP account holder shall mean the natural person assigned to such ISP account by the Internet access provider, online service provider or other organization responsible for assigning ISP addresses for the domain associated with such ISP account. Any questions regarding the number of entries submitted or the owner of an ISP account shall be determined by StudyMode in its sole and exclusive discretion, and StudyMode reserves the right to disqualify any entries by persons determined to be tampering with or abusing any aspect of the Contest.
- Prize Drawing. One Astor Brilliant bike: Simplicity model will be awarded to one winner selected at random. Estimated value of the prize is $300.00. StudyMode’s decisions as to the administration and operation of the Contest and the selection of the potential winners are final and binding in all matters related to the Contest. The potential winners will be notified immediately via Instagram. Where permitted by law, the potential winner will be required to sign and return to StudyMode, within seven (7) business days of the date the notice is sent, an affidavit of eligibility and liability/publicity release in order to claim their prize. If a potential winner cannot be contacted or fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period, the potential winner forfeits the prize, unless prohibited by law. Receipt of a prize by a potential winner is contingent upon fulfilling all requirements described herein. Potential winners must continue to comply with all terms and conditions of these Official Rules after prize notification. In the event that a potential winner is disqualified for any reason, StudyMode will award the applicable prize to an alternate winner by random drawing held by StudyMode from among all remaining eligible entries received during the Contest Term.
- Odds. The odds of winning the Grand Prize is equal to the one (1) divided by the total number of qualifying entries made by participants to the Contest.
- Release. By entering the Contest, participants release any and all rights to bring any claim, action or proceeding against StudyMode and Instagram, and their subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers and their respective parent companies and such companies’ officers, directors, employees and agents (collectively, the “Released Parties”), further covenant not to sue any Released Parties and hereby acknowledge that none of the Released Parties have made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Contest or the prizes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, You acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between you and the Released Parties. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.
Participants agree that StudyMode and any other Released Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity (including any travel or events related to prizes awarded). StudyMode and any other Released Parties assume no responsibility for any damage to an participant’s computer system which is occasioned by accessing or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. In the event StudyMode is prevented from continuing with the Contest (or awarding any prize) as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within StudyMode’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, StudyMode shall have the right to modify, suspend, or terminate the Contest.
- Participation. By entering this Contest, participants agree to be bound by these Official Rules and the decisions of StudyMode thereunder. If the potential winner declines the prize, fails to claim the prize, is unavailable for prize fulfillment, fails to abide by the Official Rules, or is ineligible, StudyMode may randomly select an alternate winner from all remaining eligible entries. StudyMode reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Contest as solely determined by StudyMode. StudyMode is not responsible for any non-intentional, incorrect or inaccurate information associated with this Contest or for any technical or human error that may occur in the administration of this Contest. In the event the Contest is compromised by a virus, non-authorized human intervention, tampering or other causes which corrupts or impairs the administration, security, fairness or proper operation of the Contest, StudyMode reserves the right in its sole discretion to suspend, modify or terminate the Contest. Should the Contest be terminated prior to the stated expiration date, StudyMode reserves the right to award prizes based on the entries received before the end of the Contest Term. Each winner releases Sponsor and their affiliated companies from any claims, costs, expenses or liability incurred by winner in connection with this Contest or winner’s acceptance and use of the prize, including any travel related thereto. StudyMode’s failure to enforce any of these Official Rules shall not constitute a waiver of any requirement set forth in that provision.
- Limitations of Liability/Indemnity. StudyMode and any other Released Parties (as defined in Section 7 above) are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) unauthorized human intervention in any part of the entry process or the Contest; (3) technical or human error which may occur in the administration of the Contest or the processing of entries; or (4) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an participant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, participant’s sole remedy is another entry in the Contest, provided that if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, StudyMode, at its 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 StudyMode reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OFCRIMINAL AND CIVIL LAWS AND STUDYMODE RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
By entering the Contest, participants agree to indemnify, defend and hold harmless StudyMode and any other Released Parties, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize.
- Disputes. Except where prohibited by applicable law, participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event, any attorneys’ fees; and (3) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant, StudyMode in connection with the Contest, shall be (1) 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 which would cause the application of the laws of any jurisdiction and (2) brought exclusively in the state and federal courts located in Los Angeles County in the State of California.
- Construction. 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 such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
- Winners List. For a list of winners or a copy of these Official Rules send a self-addressed, stamped envelope to Study Mode, Inc.; Attn: “Winners List/Official Rules”;1680 North Vine St., Suite 1200; Hollywood, CA 90028.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Brilliant Bicycles.