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GoPro Mountain Games Sweepstakes Rules and Regulations

QALO x GoPro Mountain Games Sweepstakes

OFFICIAL RULES (“Official Rules”)

 


NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ACCESS TO THE INTERNET IS REQUIRED TO PARTICIPATE.

Sponsor: QALO 3011 South Croddy Way Santa Ana, CA 92704.

 

  1. How to Enter: QALO Sweepstakes (the “Sweepstakes”) starts at 12:00 A.M. May 15, 2019 (PDT) and ends at 11:59 P.M. PDT on May 24, 2019 (the “Sweepstakes Entry Period”). You may enter the Sweepstakes during the Sweepstakes Entry Period via the Sweepstakes landing page (“Sweepstakes Entry Method”). Sweepstakes Entry Method involves submitting your full name and valid email address by visiting https://qalo.com/gopro-mountain-games-sweepstakesand inputting the requested information for one (1) entry.  A valid Instagram account is required to enter using this Sweepstakes Entry Method and is available for free at http://instagram.com. 

This promotion is in no way sponsored, endorsed, administered by, or associated with Instagram.

 

  1. Eligibility:Open only to legal residents of the fifty (50) United States and District of Columbia who are at least 18 years of age or older at time of entry. Void in Puerto Rico and where prohibited or restricted by law. Employees of Qalo, Inc. (“Sponsor”), administrator, Instagram, and their respective parent companies, affiliates, advertising and promotion agencies, the judging organization, and immediate family members (spouse, parents, children, siblings, and each of their respective spouses, regardless of where they reside) or household members (whether or not related) of each are not eligible. All federal, state and local laws and regulations apply. This Sweepstakes is intended for viewing in the United States only and shall only be construed and evaluated according to United States law. You are not authorized or eligible to participate in the Sweepstakes if you are not located within and a legal resident of the fifty (50) states of the United States or the District of Columbia, and at least 18 years of age or older at the time of entry.If eligible winner is 18 years of age but still deemed a minor in his/her state of residence, Sponsor reserves the right to award such prize in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winner set forth herein.

 

  1. Prizes:One (1) Prize: One (1) winner will be randomly selected. In order to receive The winner will receive a prize (the ”Prize”) consisting of the following: Two (2) Roundtrip commercial Airfare tickets to Denver, CO from within the fifty (50) states of the United States or the District of Columbia, Three (3) nights lodging for two (2) persons, Thursday-Sunday at an Event lodging partner property of Sponsor’s choosing consisting of one (1) double-occupancy room, Round-trip shared Ground Transportation for two (2) from DEN or EGE to lodging in Vail, Two (2) 4-day VIP credentials, Two (2) Athlete gift bags, Two (2) competition entries into any Event amateur competition (pending availability), One (1) GoPro Camera.  Odds of winning depend on number of eligible entries received throughout the Sweepstakes Period. Total approximate retail value (“ARV”) of all prizes available in this Promotion is $5,000 USD. No substitution, cash redemption or transfer of prizes is permitted except at Sponsor’s sole discretion or as provided herein. If the advertised prize cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local income taxes on the prizes and all other costs associated with acceptance or use of the prizes are the sole responsibility of the winners. Arrangements for delivery of prizes will be made after winner validation. Prize or Prizes cannot be transferred, assigned, or substituted, except at Sponsor’s sole discretion.  All applicable federal, state or local taxes, as well as any other costs and expenses associated with prize acceptance not specified herein as being provided are the responsibility of the winner.  All prize details are at the sole discretion of the Sponsor Limit one (1) prize per person.

 

  1. Random Drawing, Winner Notification and Awarding of Prizes to Potential Winners:One (1) winner (“Potential Winner”) will be randomly selected from all eligible entries on or about May 25, 2019. Potential Winner will be notified on or about May 26, 2019 via reply to his/her email address entered on the entry form and will be required to contact Sponsor within 24 hours.  A Potential Winner is not an official winner (“Winner”) until his/her eligibility has been verified and he/she has been notified that verification is complete.  Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process.  If the landing page fails or becomes corrupted, inoperable or non-functioning for any reason, any Entry during that time will be deemed a defective Entry and is void.  Drawing will be conducted by Sponsor whose decisions are final on all matters relating to this Sweepstakes, including random drawing of winners. If a Potential Winner cannot be contacted, prize is returned as undeliverable, or he/she refuses his/her prize for any reason, that Potential Winner forfeits the prize and Sponsor will select an alternate winner by random drawing from all remaining eligible entries. 

 

  1. Publicity:Except where prohibited, acceptance of a prize constitutes a grant of authority and permission for the Sponsor and its agencies to use Winner’s name, picture, likeness, voice and Entry and all elements of such Entry, including, without limitation, the photo and any descriptions, comments, stories, for advertising and promotional purposes including in any publicity, promotion, or advertising in any form of media, including websites without further compensation or notification to, or review or permission of entrant and/or any third party.

 

  1. Terms And Privacy: Participation in this Sweepstakes is subject to the Sponsor’s Official Rules located at https://qalo.com/gopro-mountain-games-sweepstakesSponsor’s Terms of Use located at https://qalo.com/pages/terms-and-conditions, and Instagram’s Guidelines, Policies and Terms of Use located at https://help.instagram.com/581066165581870. By entering this Sweepstakes, you agree to adhere to all the terms, policies and guidelines of both Sponsor and Instagram. The personal information collected through this Sweepstakes is subject to Sponsor’s Privacy Policy located at https://qalo.com/pages/privacy-policy. By entering this Sweepstakes, you agree to the use of your personal information as described in the above Privacy Policy and acknowledge that you have read and accepted said Privacy Policy. In the event of any conflict between these Official Rules and Sponsor’s Terms of Use or the Privacy Policy, these Official Rules shall control, supersede, and take precedence.

 

  1. Limitation of Liability: By entering this Sweepstakes, all Entrants agree to comply with these Official Rules and agree to be bound by the Sponsor’s decisions. Upon delivery of the prize to the winner, Sponsor will be deemed to have awarded the prize to the winner with winner assuming full responsibility for the prize. Sponsor, administrator, Instagram and each of their respective promotion and advertising agencies, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support and all respective officers, directors, employees, representatives and agents, as well as each of their respective successors, representatives and assigns (collectively, “Released Parties”) shall have no liability and shall be indemnified and held harmless by Winner for any damage, loss, rights, claims or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, use, or misuse of any prize (or portion thereof) awarded or participation in this Sweepstakes, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend part or all of this Sweepstakes should viruses, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Sweepstakes. In such event, Sponsor may select Potential Winner in a random drawing from all non-suspect, valid, eligible Entries received up to the date of cancellation or suspension. Released Parties are not responsible for technical, hardware, software, telephonic or other failures of any kind, lost or unavailable network connections, fraud, incomplete, garbled, delayed or faulty computer transmissions, whether caused by Sponsor, entrants or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of Entries which may damage a user’s or any other person’s device or other property or limit an entrant’s ability to participate in the Sweepstakes. If for any reason your Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, your sole remedy is to submit another Entry in the Sweepstakes.  Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, or threaten any other entrants or Sponsor representatives.  Entries that in the Sponsor's sole discretion are deemed to be obscene, indecent, or inappropriate may also be disqualified and removed from the pool of eligible entries.

CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW (AND TO DISQUALIFY SUCH INDIVIDUAL FROM THE SWEEPSTAKES IF APPLICABLE).

 

  1. Disputes: Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event shall they include attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, special, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any you hereby waive any and all rights to have damages multiplied or otherwise increased.

 

  1. Governing Law, Jurisdiction, Arbitration: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability or interpretation shall be submitted to final and binding arbitration, to be held in Orange County, California, before a single arbitrator. The arbitrator shall be selected by mutual agreement of Sponsor(s) and the entrant or entrants bringing forth the controversy or claim (collectively, the "Parties") or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association or JAMS/Endispute. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys" fees and other expenses to the same extent as if the matter were being heard in court). Entrant(s) agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Entrant(s) further agrees that any claim/judgment/award in such arbitration shall be limited to actual out- of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys" fees; and, under no circumstances, will an entrant(s) be entitled to awards for and entrant(s) hereby waives all rights to claim 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 increased. Should any term of this section be deemed void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein.THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. The invalidity or unenforceability of any provision of these Official 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 Official 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.