YOUTUBE CONTEST RULES
Official Rules – Jenson USA December 2022 Radvent YouTube Giveaway Promotion
No purchase or payment is necessary to enter or win and will not increase the odds of winning. Void where prohibited by law.
By entering or otherwise participating in this Promotion (“Promotion”), sponsored by Jenson USA, LLC (“Sponsor”), you agree to be bound fully and unconditionally by these Official Rules (“Rules”) and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion.
This Promotion is in no way sponsored, endorsed, administered by or associated with YouTube. By entering the Promotion, you agree to release and hold harmless YouTube from any and all claims arising out of or related to this Promotion.
HOW TO ENTER
To enter, leave a comment in the posted videos’ comment section, follow the Jenson USA YouTube channel, and like the videos posted during the Promotion Period.
Submit an Alternate Method of Entry (“AMOE”) to the Promotion by emailing socialadmin@jensonusa.com and providing the entrants’ name, valid email address, and affirmation of agreement to be bound by these Rules.
Only one entry allowed per eligible natural person during the Promotion Period. Employees, officers, and directors of Sponsor or any affiliate of Sponsor including any brand or any licensor or licensee of Sponsor, along with any immediate family members1 or individuals who share the same household, whether legally related or otherwise, are not eligible to enter the Promotion or win the Prize.
This Promotion is open to any person who:
(a) is at least 18 years of age or older at the time of any entry with a valid government issued photo identification;
(b) is a legal resident of the 50 United States and District of Columbia; and
(c) Submits an Entry: [(i) leaves a comment in the posted video comment section, (ii) follows Jenson USA, (iii) likes this post, and (iv) includes in the comment to the post the disclosure: #Jenson USA November 2022 YouTube Giveaway Promotion].
(d) This Promotion is void in Florida, New York, Rhode Island, Guam, Puerto Rico, U.S. Virgin Islands, and where prohibited by law.
- Promotion Period and Drawing of Winner
The Promotion starts at 12:00 am PST on December 12, 2022 and ends at 11:59 pm PST on December 24, 2022 (“Promotion Period”). At the end of the Promotion Period, one (1) prize will be awarded to an eligible entrant selected at random by Sponsor from all qualified entrants (“Prize Winner”).
The Prizes for the Prize Winners consisting of the following items:
(1x) Dakine Hip Bag or USWE Zulo 6 Plus Hip Bag
(1x) Exustar Cleats E-ArcR2 or Foundation Composite Platform Pedals
(1x) Specialized Align II MIPS Size M/L Hyperviz/Black Reflect or Lazer Jackal KinetiCore Size L Matte Black
(1x) Pearl Izumi Classic Jersey size Large ST/DP ERTH ASPCT or Alpine Stars Blaze 2 Tee Size Medium Red or Troy Lee Designs Jersey Size Small Baby Blue
(1x) Lezyne Hecto Drive 500 Front, Lezyne Zecto Drive 250 Rear
(1x) Ritchey Beacon Drop Bars 46cm width, 65mm reach, 80mm drop or Ritchey Kyote Mountain Bar 800mm width 35mm rise or Salsa Guide 35.0 Carbon bars
(1x) Surly Front Rack 2.0 or PDW Task Basket or Blackburn Outpost Rear Rack
(1x) Bolle EXO Road Helmet Size Large Shiny Red/Black or IXS Trigger AM MIPS Camo Black Size SM
(1x) Zoic Navaeh Shorts Size Small Blue (W) or Zoic Navaeh Shorts Size Small Black (W) or Fox Ranger Shorts Size 34 Black
(1x) Five Ten Hellcat Pro Size 8 Black/Pink Clipless (W) or Crank Bros Mallet E Lace Size 11 Clipless Black/Blue or Five Ten Sleuth DLX Size 6.5 Flat Bluish Green (W)
(1x) Deity Bladerunner Pedals Orange
(1x) Fox 36 Factory 2021 150mm/Fox Factory 36 2020 160mm or $500 Jenson USA gift card
(“Prize”). Prizes are not transferrable or assignable to any third party. Prizes will not be paid out in cash directly to winner. If the winner is not eligible, Sponsor will select an alternate winner.
In the event any Prizes become unavailable, a prize of equal or greater value will be substituted.
The Prize Winners will be solely responsible for all federal, state, and/or local taxes, or for other fees or costs associated with the Prize or the entrant’s receipt of the Prize. The Prize Winners may be required to provide Sponsor with a valid social security number or submit a W-9 before the prize is awarded for tax reporting purposes.
Winner will be selected from the Videos’ comments section based on best response as determined by Jenson USA’s marketing team. The Drawing will take place within 14 (fourteen) days following the close of the Promotion Period. Odds of winning depend on the total number of eligible entries received.
The Sponsor will notify the winner by tagging the winner in the Video’s comment section within two (2) days of the Drawing ("Prize Notification"). To claim the prize, the winner must verify one’s mailing address, and any other personal information required for Sponsor to issue the prize, within 14 days of the Prize Notification, or an alternate winner may be selected. In no event is Sponsor required to attempt to contact the winner more than once. The prize will be forfeited if the winner cannot be reached; the winner cannot accept or receive the prize for any reason; the winner fails to timely respond to the Prize Notification; or the winner has violated these Rules. If the prize is a trip, the winner has 60 days to book the trip within the dates allowed. No transfer, assignment, cash redemption, or substitution of the prize (or portion thereof) is permitted, except by the Sponsor in its sole discretion. Prize winners are responsible for all federal, state, and local taxes. Winner must provide Sponsor with a valid Social Security number or taxpayer identification number before prize will be awarded. If one or more prizes, with a total value of $600 or more, are awarded to winner during any calendar year, a proper tax form will be issued. In the event a giveaway prize becomes unavailable, the Sponsor will make reasonable efforts to substitute the giveaway prize with a prize of equal or greater value.
- 6. Operation of Promotion
The decision of Sponsor as to the selection and eligibility of potential winners will be at the Sponsor’s sole discretion and is final.
The odds of winning will vary depending on the number of total eligible entries received.
- 8. Publicity, Waivers, Disclaimers, and Releases
By submitting an Entry, Entrant grants Sponsor the right to contact the Entrant via telephone or electronically.
Subject to applicable law, Prize Winner irrevocably grants the Sponsor, and its licensees, successors, assigns, and sub-licensees, the right and permission to use his or her Entry to the Promotion (including any text, photographs, or other content), his or her name, address, and general and biographical information about the person including a photo for advertising, promotional, and/or publicity purposes in connection with this Promotion or other similar marketing initiatives of the Sponsor, in all forms of media and by all manners (now or hereafter known), worldwide, in perpetuity, and without any obligation to provide notice, royalties, or consideration beyond the awarding of the Prize to the winner, unless otherwise precluded by law.
By submitting an Entry, Entrant represent and warrant that he or she owns all intellectual property rights in the content including ownership of any copyright and that the content does not violate the rights to publicity, copyright, trademark or other rights of any other person or entity; that any third party featured in the content is over the age of 18 or is a person for whom you have the rights such as your children; and that you have the legal right to use such content in your Entry.
Entrants including Prize Winner agree that Sponsor has permission and a license, worldwide, perpetually, on a royalty-free basis the right to repost or utilize all entries to the Promotion for its own marketing and promotional purposes in any manner Sponsor chooses.
By participating in this Promotion, each entrant agrees to release, discharge, indemnify, and hold harmless Sponsor, its affiliates, and each of its respective licensees, brands, directors, officers, employees, agents, advisors, successors, and assigns from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines, or injuries (up to and including bodily injury and death) of any kind arising out of or related to i) the entrant’s participation in the Promotion; ii) any acceptance, possession, misuse, or use of the Prize; iii) any alleged violation of the rights of publicity or privacy, claims of defamation or portrayal in a false light; iv) any error or limitation, whether intentional or unintentional, that causes the entrant to be unable to fully participate in the Promotion; and v) any typographical, technical, electronic, human, or other error in the printing, offering, selection, operation, transcription of registration or entries, or announcement of any Promotion related activity and/or Prize.
Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision or bar the Sponsor from enforcing that term in the future. Entrant waives any right it may have to claim ambiguity of these Rules or any advantage or effect on interpretation that may arise from any such claim.
If the Sponsor, at its sole discretion, determines that an entrant has or intends to take any action or inaction that is designed to or has the effect of allowing the entrant to cheat, obtain an unfair advantage, to circumvent the Rules, or otherwise interfere in the administration, security, fairness, integrity, or proper conduct of the Promotion (“Cheating”), the Sponsor may disqualify the entrant from the Promotion as well as other existing or future Promotion that may be offered by Sponsor in the future. Any winner or potential winner determined by Sponsor, at its sole discretion, to have been engaged in or attempted Cheating will be immediately disqualified and will forfeit any right to a prize or be obligated to refund the prize to Sponsor if already awarded.
Sponsor reserves the right, in its sole discretion, to disqualify any Entrant who Sponsor determines is inconsistent with the values of Sponsor and its brand including but not limited to individuals who through speech, social media posting, or actions condone, engage in or promote discrimination, violence, obscenity, hate speech, defamation or libel, degrading or demeaning any group or persons based on race, religion, disability, ethnic background, sexual orientation, or sex.
- Privacy and Protection of Personal Information
Entrants understand and agree that Sponsor will obtain and store certain personal information, including but not limited to their full legal name, address, email address, phone number and if required to be provided to Sponsor by a potential prize winner, a social security number, along with general information about any prize winner for the purpose of administering and/or managing this Promotion as well as complying with applicable laws, regulations, and rules. This use is in addition to any other uses as specified in any applicable agreement, terms of use, or privacy policy of Sponsor. Entrants understand that such personal information may be transferred for processing or storage to a jurisdiction outside of the state in which it was collected. Entrants have the right to request their personal information not be used for the purpose of administering and/or managing the Promotion and understand that such a request will cause them to be automatically disqualified from this Promotion, as well as potentially other existing or future promotions offered by Sponsor. To engage in this privacy request, or any other similar request, entrants should contact the Sponsor in writing at the address described at the end of these Rules or as otherwise specified by Sponsor’s Privacy Policy.
- Governing Law and Limitation of Liability
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with this Promotion are governed by and construed in accordance with the laws of the State of Indiana without giving effect to any choice of law or conflict of law rules (whether of the State of Indiana or any other jurisdiction) that would cause the application of any other state’s laws.
ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: 1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR AWARD; 2) ANY AND ALL CLAIMS, JUDGMENTS, SETTLEMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED [$1,895.00 USD], BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGE, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, IF ANY, OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND 4) ENTRANT’S REMEDIES WILL BE LIMITED SOLELY TO A CLAIM FOR MONEY DAMAGES, IF ANY, AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. WHERE SUCH EXCLUSIONS ARE NOT PERMITTED BY LAW, THEY DO NOT APPLY.
Sponsor is not responsible for lost, late, unreadable, incomplete, damaged, stolen or misdirected entries; lost, interrupted, or unavailable network, server or other connections; miscommunications, computer or software malfunctions; transmission problems; technical failures; garbled transmissions; damage to user’s software or transmission devices; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. Once submitted, no entry can be returned or confirmed. All entries once submitted become the property of Sponsor.
Sponsor is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant satisfaction by emailing customer support at socialadmin@jensonusa.com. The parties agree to finally settle all disputes arising out of or related to this Promotion only on an individual (not class) basis through arbitration, which decision and award (if any) are final and binding with limited exceptions provided by law. The arbitration shall be administered by the American Arbitration Association, and the arbitrator shall be selected according to the rules following service of a demand for arbitration.
Jenson USA, located at 1615 Eastridge Ave, Riverside, CA 92507 and socialadmin@jensonusa.com. Sponsor will not confirm receipt of entries or provide general information about the Promotion that is provided in these Official Rules.
A list of Prize Winners can be found here: PREVIOUS WINNERS
1 For the purpose of this Promotion, immediate family members are defined as spouses, partners, parents, legal guardians, siblings, in-laws, grandparents, children, and grandchildren. Further, for the purpose of this eligibility requirement of the Promotion, any roommates or housemates are considered to share the same household.
Follow Jensonusa