Rules

The Pinkbike Win It Wednesday Sweepstakes - 6 March - 19 March
Official Rules

1. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. 

2. ELIGIBILITY: The Pinkbike Win It Wednesday Sweepstakes - 6 March - 19 March (“Sweepstakes”) is open only to legal residents of the United States, Canada (except the Province of Québec), Germany, and United Kingdom who are 18 years of age or older and the age of majority in their jurisdiction of residence (“Entrant”). The following are not eligible: officers, directors and employees of Outside Interactive, Inc. (“Sponsor”), Probability LLC (“Administrator”), SR Suntour (“Prize Provider”) and each of their respective employees, representatives, franchisees, parents, retailers, distributors, subsidiaries, affiliates, suppliers, advertising agencies along with members of their immediate families (spouses and/or parents children and siblings, and their spouses, regardless of where they reside) and/or persons living in the same household (whether or not related thereto). Void where prohibited. All applicable federal, state, provincial and local laws apply. 

3. SWEEPSTAKES PERIOD:  The Sweepstakes begins on 6 March 2024 at 09:00:01 a.m. Pacific Daylight Savings Time (“PDT”) and ends on 19 March 2024 at 23:59:59 p.m. PDT (“Sweepstakes Period”).

4. HOW TO ENTER:  To enter the Sweepstakes, visit  https://www.pinkbike.com/news/win-it-wednesday-enter-to-win-a-sr-suntour-durolux-38-suspension-fork-2.html to log into your free Pinkbike account (“Account”). If you do not have an Account, you can follow the on-screen instructions to create one for free. After you have created your Account, you can enter during the Sweepstakes Period by visiting https://www.pinkbike.com/news/win-it-wednesday-enter-to-win-a-sr-suntour-durolux-38-suspension-fork-2.html  and following the on-screen instructions to complete an entry form with the required information to enter. Incomplete entries are void. Limit of one (1) entry per person and/or email address.

Entrants are prohibited from using multiple names, email addresses, or any other means to enter more than once.  Any attempt to do so is grounds for disqualification. Use of any macro, bot, script or other automated means to submit entries is prohibited. Proof of submission is not proof of receipt. Sponsor's database computer is the official time-keeping device for the Sweepstakes. Entries will not be acknowledged. No responsibility is assumed for illegible, lost, late, damaged, incomplete, misdirected, or stolen entries. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the authorized account holder of the email address associated with the entry. "Authorized account holder" is defined as the natural person who is assigned to an email address. The Sponsor’s decisions are final and binding on all matters relating to the Sweepstakes. 

5. WINNER SELECTION AND NOTIFICATION: Random drawing will be held on or about 26 March 2024 to select one (1) winner from among all valid entries received from all eligible markets within the Sweepstakes Period using a computerized random generator application.

The winners will be notified by 28 March 2024 using the contact information supplied at time of entry. No liability is assumed for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Failure to respond to any winner notification within ten (10) days may result in disqualification and selection of an alternate winner. The winners may be required to execute an Affidavit/Declaration of Eligibility, a Liability Release, and a Publicity Release (where legal) (“Prize Claim Documents”). If winner is at least 18 years of age but is considered a minor under the laws of his/her jurisdiction of residence, at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all required documents. If the winner fails to comply with Sponsor’s requests for Prize Claim Documents, is found to be ineligible, or cannot or does not comply with these Official Rules, he/she may be disqualified, and prize may be awarded to an alternate winner.

6. PRIZE/ODDS/APPROXIMATE RETAIL VALUE (“ARV”): One (1) prize: one DUROLUX 38 Fork ARV:USD $849.95

Prizes are non-transferable and no cash equivalent or substitution of the prize is offered, except at the sole discretion of the Sponsor. Sponsor may substitute a prize of comparable value if advertised prize becomes unavailable. Where applicable, winner is responsible for all taxes of any kind that may apply to the acceptance of a prize, including any withholding that may be required under any applicable laws in the winner’s country/state of residence.

7. ODDS:  The odds of winning depend on the total number of eligible entries received.

8. RELEASE OF LIABILITY: For German residents, see instead “For Residents of Germany” rule below. For residents of the United Kingdom, see instead “For Residents of the United Kingdom” rule below.

To the extent permitted by applicable law, by participating, you agree that the Sponsor, Administrator, and their respective parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, and all other associated with the development and execution of any Sweepstakes (“Sweepstakes Entities”)  (a) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity, or from acceptance, receipt, possession and/or use or misuse of any prize, and (b) have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose (not applicable in Saskatchewan). Nothing in these Official Rules limits or excludes the liability of the Sponsor for fraud or for death or personal injury caused by the negligence of the Sponsor.

To the extent permitted by applicable law, by entering the Sweepstakes, you further agree that (a) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (b) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney's fees; and (c) under no circumstances will you be permitted to obtain any award for, and you hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.  These Official Rules and any disputes relating hereto are governed by the internal laws of the State of Colorado without regard to principles of conflicts of laws, and by entering, you consent to the exclusive jurisdiction of the state and federal courts in Colorado for resolution of any disputes relating to the Sweepstakes and waive any objection thereto. For New Jersey residents: Nothing herein prohibits recovery of damages or attorneys’ fees where required by statute.

9. ADDITIONAL RULES: To the extent permitted by applicable law, and not caused by acts of sponsor or their vicarious agents, no responsibility is assumed for any damage to your mobile device or computer system, which is occasioned by participating in the Sweepstakes, or for any computer system, mobile device, hardware, software or program malfunctions, or other errors, failures or delays.  Without limiting the generality of the foregoing, no responsibility is assumed for incomplete, illegible, misdirected, misprinted, forged, tampered with, altered, late, lost, damaged, or stolen submissions, prize notifications or other Sweepstakes materials, all of which are void; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. 

Any individual who is found to be tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. 

Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein.  If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner from all eligible, non-suspect entries unaffected by the problem. 

To the extent permitted by applicable law, participation in the Sweepstakes and/or receipt or use of any prize further constitutes winner’s consent for use of his/her name, likeness, voice, opinions, statements, biographical information, and/or hometown and state for promotional or advertising purposes in any media, worldwide, now known or hereafter developed, in perpetuity, without further review, notification, payment, or consideration (unless prohibited by law).

10. DATA:  By entering, you agree to Sponsor’s manner of collection and usage of any personal information you submit, all of which is subject to Sponsor’s privacy located at https://www.outsideinc.com/privacy-policy/ and the Prize Provider’s privacy policy located at https://na.pocsports.com/pages/privacy-policy

For residents of Canada and the United Kingdom: Personally identifiable information you submit in connection with the Sweepstakes will be collected, used, and disclosed only for the purposes of administering the Sweepstakes, prize fulfillment, as you otherwise expressly consent, or as required by law. By entering the Sweepstakes, you consent to such collection, use, and disclosure.

11. WINNER NAMES: For US, and Canada, winner’s first name, last initial, city, state/province, and country only, send a stamped, self-addressed envelope to: Pinkbike Win It Wednesday Sweepstakes, c/o Probability, P.O. Box 1559, Social Circle, GA 30025-1559 or an email to winnerslist@pinkbikesweepstakes.com with “Pinkbike Win It Wednesday Sweepstakes Winners Request” in the subject line.  All such requests must be received by 28 February 2024. 

12.  SPONSOR: Outside Interactive, Inc., 5720 Flatiron Parkway, Boulder CO, 80301 USA. 

13. ADMINISTRATOR: Probability LLC ("Administrator"), 2 Woodstock Meadows Ln, Woodstock, NY 12498 USA.

14. FOR RESIDENTS OF CANADA: Any winner from Canada must answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered by telephone at a time specified by Sponsor. Failure to answer skill-testing question correctly in the time provided will result in disqualification and selection of an alternate winner, at Sponsor’s sole discretion.  Sponsor reserves the right, in its sole and absolute discretion, to administer an alternate test of skill as it deems appropriate or necessary to comply with applicable law. Requests for the winner’s name may omit the return postage.

15. FOR RESIDENTS OF GERMANY: The “Release of Liability” paragraph above does not apply and shall be replaced by the following:

 (i)     Sponsor shall be fully liable for damages caused by intent and gross negligence as well as for damages caused by injury to life, body, or health negligently or intentionally caused by Sponsor.

(ii)    In an event of property damage or financial loss caused by slight negligence, Sponsor shall be liable only for breaches of a material contractual obligation ("cardinal duty"). A cardinal duty in the meaning of this provision is an obligation whose fulfillment makes the implementation of this contract possible in the first place and on the fulfillment of which the contractual partner may therefore generally rely.

(iii)   Liability in accordance with the above clause (ii) shall be limited to the typical and foreseeable damages.

(iv)   The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents, and vicarious agents of Sponsor.

(v)    Any potential liability on the part of Sponsor for any warranties and for claims based on the applicable Product Liability Act shall not be affected.

(vi)   Any further liability shall be excluded.

These Official Rules and all disputes shall be governed by the laws of Germany, without regard to principles of conflicts of laws, any disputes shall be resolved exclusively in the courts in Germany, and you expressly consent to the jurisdiction of said courts and waive any objection thereto. 

Sponsor is not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

16. FOR RESIDENTS OF THE UNITED KINGDOM

Liability: Nothing in these Rules limits or excludes any person’s liability for death or personal injury caused by negligence, for fraud or for any matter for which liability cannot be lawfully limited or excluded. In particular, consumers have legal rights in relation to products that are faulty or not as described and services that are not performed with reasonable care and skill and these legal rights are not affected in any way by anything contained in these Official Rules. However, to the fullest extent permissible by law, Sponsor will not be liable for: (i) Unexpected (“unforeseeable”) loss. Sponsor is not responsible for any loss you suffer (as a result of Sponsor’s negligence or breach of these Official Rules or otherwise) if it was not obvious that you would suffer such loss and nothing you said to Sponsor before you entered into the Sweepstakes meant that Sponsor should have expected it to happen (so, in the law, the loss was “unforeseeable”); (ii) Avoidable loss. Sponsor is not responsible for any loss you suffer (as a result of Sponsor’s negligence or breach of these Official Rules or otherwise) if you could have avoided such loss by taking reasonable action; (iii) Loss caused by someone else. Sponsor is not responsible for any loss you suffer that is caused by a third party who is not acting on behalf of or under the direct instructions of Sponsor or by you taking up and using (or mis-using) any third-party product or service forming part of the prize (except where caused by Sponsor’s negligence); (iv) Loss caused by circumstances outside Sponsor’s control. Sponsor is not responsible for any loss you suffer that is caused by any event or circumstance that is beyond Sponsor’s reasonable control; (v) Death or personal injury. Sponsor is not responsible for your or any other person’s death, disability or personal injury arising during or in connection with participation in the Sweepstakes or acceptance or enjoyment of the prize unless caused by Sponsor’s negligence; (vi) Business loss. Sponsor is not responsible for any business losses you suffer, such as loss of profits or revenue, loss of anticipated savings or loss of goodwill; and (vii) Unavailability of Sponsor’s services. Sponsor is not responsible for any loss you suffer as a result of the unavailability of Sponsor’s websites, apps or social media accounts. All limitations and exclusions of liability in this section shall apply equally to Sponsor’s group companies, affiliates, agencies and any entity associated with administering the Sweepstakes, and each of their and Sponsor’s directors, officers, employees, agents, designees, licensees, shareholders and representatives.

Disclosure of winner’s details

By entering the Sweepstakes, each entrant acknowledges that in the event of a win their surname and county of residence may be disclosed to persons enquiring, where permitted by law. Any entrant may object to their information being made available in this way or may request that the amount of information made available be reduced, by contacting Sponsor using the contact details in Rule 12. In these circumstances, the entrant acknowledges that Sponsor may nevertheless disclose the relevant information, and the entrant’s entry, to the UK’s Advertising Standards Authority (and/or any other competent authority) if required to do so. This may happen where Sponsor is required to demonstrate that it has awarded the prizes advertised.

For winner information including first name, last initial and city/state/province/country (or surname in case of a UK winner), available after 31 January 2024, please send an email to winnerslist@outsidesweepstakes.com with “Pinkbike Win It Wednesday 6 March - 19 March Sweepstakes Winners Request” in the subject line.

Governing Law and Jurisdiction

All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of entrant and the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the law of England and Wales.

Any disputes arising in connection with the Promotion and/or these Official Rules shall be subject to the exclusive jurisdiction of the courts of England and Wales, except that residents of Scotland and Northern Ireland may also bring proceedings in their local courts.