Official Rules
“Cycologist Giveaway #2” Sweepstakes
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF
WINNING.
The “Cycologist Giveaway #2” Sweepstakes (the “Sweepstakes”) is intended for legal residents
of the United States of America and shall only be construed and evaluated according to U.S. law
and applicable state law. Do not enter this Sweepstakes if you are not located in the United
States or are otherwise ineligible to enter in accordance with these Official Rules at the time of
entry. The Sweepstakes is sponsored by Start Smart LLC, 12600 Greene Ave, Los Angeles, CA,
90066 (the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the United States of America who are
at least eighteen (18) years of age or have reached the age of majority in their respective state
of residence at the time of entry (the “Entrants”). Employees, officers and representatives of
the Sponsor, ViralSweep LLC (the “Administrator”), their respective parent companies,
employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and
advertising and promotional agencies, and the officers, directors, agents, and employees of
each of the foregoing, and members of their immediate families (defined as including spouse,
biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and
each of their respective spouses, regardless of where they reside) or households (whether
related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-
eligibility or non-compliance with any of these Official Rules will result in disqualification. Void
where prohibited or restricted by law. (For the avoidance of doubt, any references in these
Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by
these Official Rules and the decisions of the Sponsor, which are final and binding in all matters
relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon
fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on October 26,
2021 and ends at 11:59:59 p.m. Pacific Time (“PT”) on November 30, 2021 (“Sweepstakes
Period”). The Sponsor’s database computer is the official time-keeping device for the
Sweepstakes. Two (2) methods of entry as follows:
1. Online – During the Sweepstakes Period, Entrants who make a purchase through the
Sponsor’s online shop at www.cycologist.cc (the “Website”) will automatically receive one
(1) entry into the Sweepstakes for each one (1) whole dollar spent. The number of
entries received will be based on the pre-tax amount of your eligible purchase excluding
shipping/handling charges, less any discounts. Throughout the Sweepstakes Period, the
Sponsor may announce Bonus Entries at the Website, and/or on its social media pages,
opportunities to earn additional entries (“Bonus Entry Periods”). During the Bonus Entry
Periods, Entrants who make a purchase at the Website will automatically receive
between two (2) to twenty (20) entries (defined by Sponsor) into the Sweepstakes for
every one (1) whole dollar spent.
NOTE: ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS
STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES
WITH THE INTENT TO RETURN THESE ITEMS AFTER THE SWEEPSTAKES ENDS. IF THE
SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER
FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER
SWEEPSTAKES OFFERED BY THE SPONSOR.
2. Via Mail - During the Sweepstakes Period, eligible Entrants can obtain Sweepstakes
entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete
mailing address, phone number, date of birth, email address, and a brief description (at
least 25 words) on what winning the Grand Prize would mean to you, mailing the card in
a #10 business-sized envelope, with proper postage affixed, to: Cycologist Sweepstakes,
PO Box 953, Cheshire, CT 06410 (the “Mail-In Entry”). All entries must be postmarked by
November 30, 2021 and received by December 4, 2021. Each mail-in entry received with
be worth ten (10) Sweepstakes entries. If a mail-in entry is postmarked during a Bonus
Entry Period, it will be worth between twenty (20) and two hundred (200) Sweepstakes
entries depending on the level of Bonus Period defined by Sponsor at the Website. In
order for bonus entries to be valid, the Entrant must write 2x, 5x, 10x or 20x on the
backside of the envelope to signify what Bonus Entry Period they are entering during. If
an Entrant lists a Bonus Period that is inaccurate with the postmark date, the entry will
be disqualified. **NOTE: Mail-in entry card and envelope must be hand-printed by the
Entrant only. In addition, Entrants are not permitted to use any 3 rd party organization to
assist with the entry process in any way (as determined by the Administrator). Each
Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
To be valid, each entry must provide all requested information. Proof of entry information at
the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries
made by any other individual or any entity, and/or originating at any other website or email
address, including, but not limited to, commercial Sweepstake’s subscription notification
and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.
The use of automated entry devices is prohibited, and no mechanically reproduced entries
are allowed; all such entries are void. The Released Parties are not responsible for late,
incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive
property of Sponsor and will not be acknowledged or returned except as provided herein. By
participating, you consent to Sponsor’s and its agents’ use of your personal information for
the administration of this Sweepstakes. All information submitted by Entrants will be treated
according to Sponsor’s Privacy Policy, available at https://www.cycologist.cc/pages/privacy-
policy. By participating in the Sweepstakes and providing any personal contact information,
Entrants hereby agree to Sponsor’s collection and usage of their personal information and
acknowledge that they have read and accepted Sponsor’s Privacy Policy.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is
impaired or incapable of running as planned for any reason, including but not limited to (i)
infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv)
technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or
affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes,
the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers
with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole
or in part, at any time, without notice and award the Grand Prize (defined below) using all non-
suspect eligible entries received as of, or after (if applicable) this cancellation, termination,
modification or suspension date, or in any manner that is fair and equitable and best conforms
to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify
any individual deemed to be tampering or attempting to tamper with the entry process or the
operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules
or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS
AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK
DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT
TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a
waiver of that provision. In the event of a dispute as to the identity of a Winner based on an
email address, the winning entry will be declared by the authorized account holder of the email
address associated with the registration in question. "Authorized account holder" is defined as
the natural person who is assigned to an email address by an Internet access provider, online
service provider or other organization (e.g., business, educational, institution, etc.) that is
responsible for assigning email addresses for the domain associated with the submitted email
address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree
to release and hold harmless the Sponsor and Administrator (the “Released Parties”) from and
against any claim or cause of action arising out of participation in the Sweepstakes or receipt or
use of any Prize, including, but not limited to: (i) any technical errors that may prevent an
Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii)
printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries;
or (v) injury, death, or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the
Grand Prize (defined below). Released Parties assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not
responsible for any problems or technical malfunction of any telephone network or telephone
lines, computer online systems, servers, or providers, computer equipment, software, failure of
any email or entry to be received by Sponsor on account of technical problems, human error or
traffic congestion on the Internet or at any Website, or any combination thereof, including any
injury or damage to Entrant's or any other person's computer relating to or resulting from
participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant
further agrees that in any cause of action, the Released Parties’ liability will be limited to the
cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties
be liable for attorney fees. Entrant waives the right to claim any damages whatsoever,
including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and
Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due
to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their
control (a "Force Majeure Event").
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE
CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE
UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS
FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random
drawing conducted by the Administrator. The Grand Prize drawing will be conducted on or
about December 6, 2021. Odds of winning the Grand Prize will depend on the total number of
eligible entries received throughout the Sweepstakes Period. The potential Winner will be
contacted by the Sponsor or Administrator via phone, email, and/or USPS mail.
GRAND PRIZE: There will be one (1) Grand Prize awarded. The Grand Prize Winner (“Winner”),
upon the Administrator’s confirmation of eligibility, will receive a set of ENVE Cycling Wheels
(Time Trial Disc Wheel Excluded) ARV - $3,000 and $1,000 cash award (“Prize” or “Grand
Prize”). Grand Prize ARV - $4,000 USD. All other expenses not specifically mentioned herein are
the responsibility of the Winner. No substitution of any of the Prizes will be permitted, except
by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another
Prize of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release
and hold harmless the Released Parties, each of their related companies, and each of their
respective officers, directors, employees, shareholders, and agents from and against any claim
or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize.
The potential Winner must sign and return to the Administrator, within seven (7) days of the
date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release
in order to claim the Prize. Note: The Affidavit sent to a potential Winner will require that the
Winner provide their Social Security Number to the Administrator, which will be used solely
for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes
associated with the receipt of the prize. The Winner must note that the value of the accepted
Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the
value of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is
awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the
potential winner, if a potential Winner cannot be reached or does not comply with notification
instructions within three (3) business days from the first notification attempt, if a potential
Winner fails to return requisite document(s) within the specified time period, or if a potential
Winner is not in compliance with these Official Rules, then such person shall be disqualified
and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and
those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be
confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use
worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice,
likeness and/or biographical information for advertising, trade and promotional purposes
without further payment or additional consideration, and without review, approval or
notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR
LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS
SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM
RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and
all liability for any injuries, death or losses or damages to persons or property AS WELL AS
CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY
that may arise from participating in this Sweepstakes or its related activities or the acceptance,
possession, use or misuse of, or any harm resulting from the acceptance, possession, use or
misuse of the Prize. The Winner also acknowledges that Released Parties have neither made
nor are in any manner responsible or liable for any warranty, representation, or guarantee,
express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules or the rights and obligations of Entrants, Administrator,
and Sponsor in connection with the 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 or provisions that would cause the application of any other state’s,
province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i)
any and all disputes, claims, and causes of action arising out of or in connection with the
Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any
judicial proceeding shall take place in a court within the State of California; (iii) 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 will attorney fees be awarded
or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and
Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special
damages, lost profits, other damages, and/or any rights to have damages multiplied or
otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if
any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not
affect the validity or enforceability of any other provision. If any provision of the Official Rules is
determined to be invalid or otherwise unenforceable, the other provisions will remain in effect
and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with
respect to the Sweepstakes and supersede all prior and contemporaneous agreements,
representations, and understandings, whether oral or written. The headings herein are for
convenience only, do not constitute a part of these Official Rules, and shall not be deemed to
limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of
these Official Rules shall be effective unless in writing and signed by both Sponsor and
Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules
shall not constitute a waiver of any other provision herein. The rights and obligations hereunder
may not be assigned by Entrant, whether by operation of law or otherwise, without the prior
written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be
null and void. These Official Rules shall be binding upon, and inure to the benefit of, the
permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of
the Winner, please send a self-addressed, stamped business size envelope, by January 20, 2022,
to: ASC/VS/SS “Cycologist #2” Sweepstakes Winners List Request, 300 State St. Ste. 402,
Rochester, NY 14614.
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF
WINNING.
The “Cycologist Giveaway #2” Sweepstakes (the “Sweepstakes”) is intended for legal residents
of the United States of America and shall only be construed and evaluated according to U.S. law
and applicable state law. Do not enter this Sweepstakes if you are not located in the United
States or are otherwise ineligible to enter in accordance with these Official Rules at the time of
entry. The Sweepstakes is sponsored by Start Smart LLC, 12600 Greene Ave, Los Angeles, CA,
90066 (the “Sponsor”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the United States of America who are
at least eighteen (18) years of age or have reached the age of majority in their respective state
of residence at the time of entry (the “Entrants”). Employees, officers and representatives of
the Sponsor, ViralSweep LLC (the “Administrator”), their respective parent companies,
employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives and
advertising and promotional agencies, and the officers, directors, agents, and employees of
each of the foregoing, and members of their immediate families (defined as including spouse,
biological, adoptive and step-parents, grandparents, siblings, children and grandchildren, and
each of their respective spouses, regardless of where they reside) or households (whether
related or not) of any of the above are NOT eligible to participate in this Sweepstakes. Non-
eligibility or non-compliance with any of these Official Rules will result in disqualification. Void
where prohibited or restricted by law. (For the avoidance of doubt, any references in these
Rules to Entrants shall also include the Entrant who is deemed the Winner (as defined below)).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by
these Official Rules and the decisions of the Sponsor, which are final and binding in all matters
relating to the Sweepstakes. Winning the Grand Prize (as defined below) is contingent upon
fulfilling all requirements set forth herein.
HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on October 26,
2021 and ends at 11:59:59 p.m. Pacific Time (“PT”) on November 30, 2021 (“Sweepstakes
Period”). The Sponsor’s database computer is the official time-keeping device for the
Sweepstakes. Two (2) methods of entry as follows:
1. Online – During the Sweepstakes Period, Entrants who make a purchase through the
Sponsor’s online shop at www.cycologist.cc (the “Website”) will automatically receive one
(1) entry into the Sweepstakes for each one (1) whole dollar spent. The number of
entries received will be based on the pre-tax amount of your eligible purchase excluding
shipping/handling charges, less any discounts. Throughout the Sweepstakes Period, the
Sponsor may announce Bonus Entries at the Website, and/or on its social media pages,
opportunities to earn additional entries (“Bonus Entry Periods”). During the Bonus Entry
Periods, Entrants who make a purchase at the Website will automatically receive
between two (2) to twenty (20) entries (defined by Sponsor) into the Sweepstakes for
every one (1) whole dollar spent.
NOTE: ANY FRAUDULENT ACTIVITY IN CONNECTION WITH THIS SWEEPSTAKES IS
STRICTLY PROHIBITED. IT IS FRAUDULENT TO PURCHASE ITEMS TO OBTAIN ENTRIES
WITH THE INTENT TO RETURN THESE ITEMS AFTER THE SWEEPSTAKES ENDS. IF THE
SPONSOR IDENTIFIES OR SUSPECTS THAT YOU ARE ENGAGED IN THIS OR ANY OTHER
FRAUDULENT ACTIVITY, YOU WILL BE DISQUALIFIED AND BANNED FROM ANY FURTHER
SWEEPSTAKES OFFERED BY THE SPONSOR.
2. Via Mail - During the Sweepstakes Period, eligible Entrants can obtain Sweepstakes
entries by legible hand-printing, on a 3”x 5” card or paper, their full name, complete
mailing address, phone number, date of birth, email address, and a brief description (at
least 25 words) on what winning the Grand Prize would mean to you, mailing the card in
a #10 business-sized envelope, with proper postage affixed, to: Cycologist Sweepstakes,
PO Box 953, Cheshire, CT 06410 (the “Mail-In Entry”). All entries must be postmarked by
November 30, 2021 and received by December 4, 2021. Each mail-in entry received with
be worth ten (10) Sweepstakes entries. If a mail-in entry is postmarked during a Bonus
Entry Period, it will be worth between twenty (20) and two hundred (200) Sweepstakes
entries depending on the level of Bonus Period defined by Sponsor at the Website. In
order for bonus entries to be valid, the Entrant must write 2x, 5x, 10x or 20x on the
backside of the envelope to signify what Bonus Entry Period they are entering during. If
an Entrant lists a Bonus Period that is inaccurate with the postmark date, the entry will
be disqualified. **NOTE: Mail-in entry card and envelope must be hand-printed by the
Entrant only. In addition, Entrants are not permitted to use any 3 rd party organization to
assist with the entry process in any way (as determined by the Administrator). Each
Envelope must be mailed individually. Bulk shipments of entries will not be accepted.
To be valid, each entry must provide all requested information. Proof of entry information at
the Website is not considered proof of delivery to or receipt by Sponsor of an entry. Entries
made by any other individual or any entity, and/or originating at any other website or email
address, including, but not limited to, commercial Sweepstake’s subscription notification
and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.
The use of automated entry devices is prohibited, and no mechanically reproduced entries
are allowed; all such entries are void. The Released Parties are not responsible for late,
incomplete, delayed, undelivered, or misdirected entries. All entries become the exclusive
property of Sponsor and will not be acknowledged or returned except as provided herein. By
participating, you consent to Sponsor’s and its agents’ use of your personal information for
the administration of this Sweepstakes. All information submitted by Entrants will be treated
according to Sponsor’s Privacy Policy, available at https://www.cycologist.cc/pages/privacy-
policy. By participating in the Sweepstakes and providing any personal contact information,
Entrants hereby agree to Sponsor’s collection and usage of their personal information and
acknowledge that they have read and accepted Sponsor’s Privacy Policy.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is
impaired or incapable of running as planned for any reason, including but not limited to (i)
infection by computer virus, bugs, (ii) tampering, unauthorized intervention, (iii) fraud, (iv)
technical failures, or (v) any other causes beyond the control of the Sponsor which corrupt or
affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes,
the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers
with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole
or in part, at any time, without notice and award the Grand Prize (defined below) using all non-
suspect eligible entries received as of, or after (if applicable) this cancellation, termination,
modification or suspension date, or in any manner that is fair and equitable and best conforms
to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify
any individual deemed to be tampering or attempting to tamper with the entry process or the
operation of the Sweepstakes or Sponsor’s Website; or acting in violation of these Official Rules
or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS
AND SHOULD SUCH AN ATTEMPT BE MADE; THE SPONSOR RESERVES THE RIGHT TO SEEK
DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT
TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a
waiver of that provision. In the event of a dispute as to the identity of a Winner based on an
email address, the winning entry will be declared by the authorized account holder of the email
address associated with the registration in question. "Authorized account holder" is defined as
the natural person who is assigned to an email address by an Internet access provider, online
service provider or other organization (e.g., business, educational, institution, etc.) that is
responsible for assigning email addresses for the domain associated with the submitted email
address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree
to release and hold harmless the Sponsor and Administrator (the “Released Parties”) from and
against any claim or cause of action arising out of participation in the Sweepstakes or receipt or
use of any Prize, including, but not limited to: (i) any technical errors that may prevent an
Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii)
printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries;
or (v) injury, death, or damage to persons or property which may be caused, directly or
indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of the
Grand Prize (defined below). Released Parties assume no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not
responsible for any problems or technical malfunction of any telephone network or telephone
lines, computer online systems, servers, or providers, computer equipment, software, failure of
any email or entry to be received by Sponsor on account of technical problems, human error or
traffic congestion on the Internet or at any Website, or any combination thereof, including any
injury or damage to Entrant's or any other person's computer relating to or resulting from
participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant
further agrees that in any cause of action, the Released Parties’ liability will be limited to the
cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties
be liable for attorney fees. Entrant waives the right to claim any damages whatsoever,
including, but not limited to, punitive, consequential, direct, or indirect damages. Sponsor and
Released Parties are not liable in the event that any portion of the Sweepstakes is cancelled due
to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their
control (a "Force Majeure Event").
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE
CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE
UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS
FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. 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.”
DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random
drawing conducted by the Administrator. The Grand Prize drawing will be conducted on or
about December 6, 2021. Odds of winning the Grand Prize will depend on the total number of
eligible entries received throughout the Sweepstakes Period. The potential Winner will be
contacted by the Sponsor or Administrator via phone, email, and/or USPS mail.
GRAND PRIZE: There will be one (1) Grand Prize awarded. The Grand Prize Winner (“Winner”),
upon the Administrator’s confirmation of eligibility, will receive a set of ENVE Cycling Wheels
(Time Trial Disc Wheel Excluded) ARV - $3,000 and $1,000 cash award (“Prize” or “Grand
Prize”). Grand Prize ARV - $4,000 USD. All other expenses not specifically mentioned herein are
the responsibility of the Winner. No substitution of any of the Prizes will be permitted, except
by the Sponsor, who reserves the right at its sole discretion to substitute a Prize with another
Prize of equal or greater value.
ADDITIONAL PRIZE CONDITIONS: By accepting the Grand Prize, the Winner agrees to release
and hold harmless the Released Parties, each of their related companies, and each of their
respective officers, directors, employees, shareholders, and agents from and against any claim
or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize.
The potential Winner must sign and return to the Administrator, within seven (7) days of the
date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release
in order to claim the Prize. Note: The Affidavit sent to a potential Winner will require that the
Winner provide their Social Security Number to the Administrator, which will be used solely
for tax reporting purposes. The Winner will be responsible for all local, state, and federal taxes
associated with the receipt of the prize. The Winner must note that the value of the accepted
Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the
value of the Prize. The Winner is solely responsible for all matters relating to the Prize after it is
awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the
potential winner, if a potential Winner cannot be reached or does not comply with notification
instructions within three (3) business days from the first notification attempt, if a potential
Winner fails to return requisite document(s) within the specified time period, or if a potential
Winner is not in compliance with these Official Rules, then such person shall be disqualified
and, at Sponsor’s sole discretion, an alternate Winner may be selected.
By accepting the Prize, where permitted by law, the Winner grants to the Released Parties and
those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be
confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use
worldwide IN ALL MEDIA without limitation at any time their full name, portrait, picture, voice,
likeness and/or biographical information for advertising, trade and promotional purposes
without further payment or additional consideration, and without review, approval or
notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR
LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS
SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM
RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and
all liability for any injuries, death or losses or damages to persons or property AS WELL AS
CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY
that may arise from participating in this Sweepstakes or its related activities or the acceptance,
possession, use or misuse of, or any harm resulting from the acceptance, possession, use or
misuse of the Prize. The Winner also acknowledges that Released Parties have neither made
nor are in any manner responsible or liable for any warranty, representation, or guarantee,
express or implied, in fact or in law, relative to the Prize.
DISPUTES: All issues and questions concerning the construction, validity, interpretation and
enforceability of these Official Rules or the rights and obligations of Entrants, Administrator,
and Sponsor in connection with the 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 or provisions that would cause the application of any other state’s,
province’s, or jurisdiction’s laws. By participating in the Sweepstakes, Entrant agrees that: (i)
any and all disputes, claims, and causes of action arising out of or in connection with the
Sweepstakes, shall be resolved individually without resort to any form of class action; (ii) any
judicial proceeding shall take place in a court within the State of California; (iii) 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 will attorney fees be awarded
or recoverable; (iv) under no circumstances will Entrant be permitted to obtain awards for, and
Entrant hereby waives all rights to seek, punitive, incidental, exemplary, consequential, special
damages, lost profits, other damages, and/or any rights to have damages multiplied or
otherwise increased; and (v) Entrant’s remedies are limited to a claim for money damages (if
any) and he/she waives any right to seek injunctive or equitable relief.
SEVERABILITY: The invalidity or unenforceability of any provision of these Official Rules will not
affect the validity or enforceability of any other provision. If any provision of the Official Rules is
determined to be invalid or otherwise unenforceable, the other provisions will remain in effect
and will be construed as if the invalid or unenforceable provision were not contained herein.
MISCELLANEOUS: These Official Rules contain the full and complete understanding with
respect to the Sweepstakes and supersede all prior and contemporaneous agreements,
representations, and understandings, whether oral or written. The headings herein are for
convenience only, do not constitute a part of these Official Rules, and shall not be deemed to
limit or affect any of the provisions hereof. No amendment to, or waiver of, any provision of
these Official Rules shall be effective unless in writing and signed by both Sponsor and
Administrator. The waiver by Sponsor or Administrator of any provision of these Official Rules
shall not constitute a waiver of any other provision herein. The rights and obligations hereunder
may not be assigned by Entrant, whether by operation of law or otherwise, without the prior
written consent of Sponsor, and any attempted assignment in violation of the foregoing shall be
null and void. These Official Rules shall be binding upon, and inure to the benefit of, the
permitted successors and assigns of Sponsor, Administrator, and Entrant.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of
the Winner, please send a self-addressed, stamped business size envelope, by January 20, 2022,
to: ASC/VS/SS “Cycologist #2” Sweepstakes Winners List Request, 300 State St. Ste. 402,
Rochester, NY 14614.