Fall Functional Essentials Terms & Conditions
PARKER DUSSEAU FALL FUNCTIONAL ESSENTIALS GIVEAWAY TERMS & CONDITIONS
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. MUST BE 21 YEARS OF AGE OR OLDER AND A LEGAL RESIDENT OF THE 48 CONTIGUOUS UNITED STATES TO ENTER. VOID IN ALASKA, HAWAII, AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Prizes: ONE (1) Grand Prize will be awarded. The Grand Prize is a Fall Functional Essentials kit consisting of the following items: (a) 1 x “Roadster” Linus Bike in one of the following colors: black, red, blue or olive; (b) 1 x Cask Pack by Timbuk2 (c) 1 x Five Day Wool / Cotton Button Up Shirt by Parker Dusseau (d) 1 x 3XDRY Commuter Chino by Parker Dusseau (e) 1 x Utility Travel Blazer by Parker Dusseau and (f) 1 x Cable Car Sunglass by Vuarnet France. Total Approximate Retail Value of the Grand Prize: $2000.00. Grand Prize must be accepted in its entirety or not at all. Prize elements may be subject to availability as to style, color and/or size. The various elements of Grand Prize may be shipped separately to prize winner; prizes will only be shipped to a street address in the United States. Actual prize elements may differ from depictions of same in Sweepstakes advertising and Sponsor disclaims any and all liability in conjunction therewith. Sponsor makes no guarantee, representation or warranty of any kind regarding any prize element, including but not limited to the warranty of merchantability or fitness for the intended purpose.
3. Winner Determination: Winning Prize winners will be determined in a random drawing on or about November 14, 2016 by Parker Dusseau LLC (d.b.a. Parker Dusseau) whose decisions will be final in all matters relating to this sweepstakes. Odds of winning the Grand Prize will be determined by the total number of eligible entries received. Grand Prize winner will be notified by e-mail on or about November 14, 2016 and will be required to sign an affidavit of eligibility, liability release and publicity release (where lawful) within ten (10) days of notification or Grand Prize will be forfeited and may be awarded to another entrant at sponsor's sole discretion. Except where prohibited, acceptance of prize(s) constitutes winner’s consent to use by Sponsor and its designees of his/her name, likeness and biographical data for advertising and promotional purposes without additional compensation. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without notice or further obligation.
4. Eligibility: This Sweepstakes is open only to legal residents of the contiguous (48) United States. Employees of the following entities, their agencies and members of their families or households are not eligible for participation under any circumstances: Parker Dusseau, LLC., Linus Bikes, Timbuk2 and SPOROPTIC POUILLOUX dba Vuarnet France. All federal, state and local laws apply.
5. General Conditions: Entry in the Sweepstakes constitutes an entrant’s full and unconditional agreement to abide by and accept the terms and conditions of these Official Rules. No substitution of prize or cash equivalent except at Sponsor’s sole discretion. Cash equivalent may be less than the value of prize. Prize is non-transferable except at the sole discretion of the Sponsor. All federal, state and local taxes on prize are winner’s sole responsibility. By accepting prize(s), winner waives the right to assert as a cost of winning said prize(s), any and all costs of redemption or travel to redeem said prize(s) and any and all liability that might arise from redeeming or seeking to redeem said prize(s). Sponsor reserves the right to conduct a background check of any criminal records of prize winners. To the extent necessary and permitted by law, prize winners shall authorize this background check. Sponsor reserves the right, at its sole discretion, to disqualify prize winners, based on the background check. Winners also accept sole responsibility for any miscellaneous costs relating to acceptance of prize(s). Entrants hereby agree to indemnify and hold Sponsor, Parker Dusseau, LLC., Linus Bikes, Timbuk2 and SPOROPTIC POUILLOUX dba Vuarnet France, Facebook and Instagram harmless from and against any third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including attorney fees and court costs, arising out of any breach or alleged breach of any of the warranties and representations set forth above. The value of prize(s) won by a participant under the sweepstakes may be taxable as income to its winner. Winner is solely responsible for any and all taxes and/or fees associated with prize(s). Winners will be issued an IRS Form W-9 with the Affidavit of Eligibility and Release and a subsequent IRS Form 1099; and, for Grand Prize winner, the IRS Form 1099 will reflect the composite value of the Winning Prize and the Grand Prize. Upon receipt of prize(s), the winner shall be required to comply with any and all applicable federal, state and local laws, rules and regulations. In consideration of his/her receipt of any prize, prize winner for himself or herself, his/her heirs, personal representatives and assigns shall voluntarily and knowingly completely and forever release, waive and discharge Sponsor and all related parties, Linus Bikes, Timbuk2 and SPOROPTIC POUILLOUX dba Vuarnet France, Facebook, and Instagram from and against any and every kind of claim, demand, injury, costs, attorney fees, right, liability or cause of action or other liabilities of whatever kind or nature, known or unknown, absolute or contingent, and whether or not fixed, which the prize winner ever had, now has or might in the future have arising in any way or related to this Sweepstakes, including, but not limited to, prize winner’s participation in the Sweepstakes; prize winner’s Sweepstakes entry; use of prize winner’s name, likeness, biographical information, signature, image or likeness; prize winner’s receipt, use or inability to use any prize or part thereof, including but not limited to injury or loss sustained in any travel related to the prize; financial claims; physical and/or emotional injury; and/or any other legal claim that may arise, whether under contract, tort, warranty or any other theory or claim. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate this promotion, or any part thereof, at any time, for any reason, without notice or further obligation. WITHOUT IN ANY WAY LIMITING THE FOREGOING, ENTRANTS UNDERSTAND AND AGREE THAT ACCEPTANCE AND USE OF THE GRAND PRIZE IS INHERENTLY DANGEROUS, AS IT IS A BIKE. AND, IN ACCEPTING THE GRAND PRIZE, THE WINNER ASSUMES ANY AND ALL RISK OF INJURY OR EVEN DEATH, WHETHER CAUSED BY WEATHER AND/OR TRAFFIC CONDITIONS, ROCKS OR OTHER NATURAL FEATURES, OTHER PERSONS OR OTHERWISE. THE ENTRANT WHO WINS THE GRAND PRIZE SHALL VOLUNTARILY AND KNOWINGLY COMPLETELY AND FOREVER RELEASE, WAIVE AND DISCHARGE SPONSOR FROM ANY AND ALL LIABILITY IN CONJUNCTION WITH USE OF THE BIKE.
6. Electronic Entries: In the event of a dispute, on-line entries (including entries made via mobile website*) will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is the natural person who is assigned to the e-mail address by an internet access provider, on-line service, or other organization that is responsible for assigning e-mail addresses. Sponsor and its agencies are not responsible for lost, late, damaged, illegible, misdirected, incomplete entries, or for on-line entries not received due to lost, failed, delayed or interrupted connections or miscommunications, or to other electronic malfunctions, delays, or errors of any kind in the transmission or receipt of on-line entries or e-mail transmissions sent to prospective entrants. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by web-site visitors or by any human or technological error that may occur in the processing of on-line entries (including submissions by prospective entrants) in this Sweepstakes. Sponsor reserves the right, in its sole discretion, to cancel or suspend all or a portion of the Sweepstakes, should viruses, bugs or other causes beyond control of the Sponsor corrupt the administration, security or proper operation of the Sweepstakes. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING MOBILE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS 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. *If entering via mobile website, wireless Internet access and/or other fees may apply. Please consult your wireless service provider regarding your pricing plan. Not all cellular phone providers carry necessary service to enter via mobile website. Wireless Internet access is not available in all areas.
7. Winners’ List: For winners’ list, please send a self-addressed stamped envelope to Parker Dusseau 1067 Market Street, Suite 5008 San Francisco, CA 94103. All requests for the winners’ list must be postmarked by November 20, 2016 and received by December 6, 2016. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.