| NO
PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A purchase or payment will not
improve your chances of winning. The Bicycling-Schwinn
Sweepstakes starts at 12:01 am Eastern Time
(“ET”) on September 24, 2008 and ends at 11:59
pm ET on 12/31/2008 (the “Promotion Period”). Eastern
Time shall control for all purposes of this Sweepstakes. The
Sweepstakes is governed by these Official Rules, and is subject
to all applicable U.S. federal, state and local laws, and provincial
or territorial laws, and is void wherever prohibited by law.
1. ELIGIBILITY: The Sweepstakes is open only to legal residents of the 50
United States and District of Columbia (excluding residents
of Guam, Puerto Rico and all other U.S. and foreign territories
and possessions), who are 18 years of age or older and the
age of majority in his/her state, province, or territory
of residence at the time of entry. Any individuals who have,
within one year prior to the start date of the Sweepstakes,
performed services for Sponsors, or their respective parents,
subsidiaries, affiliates and successor companies or any organizations
responsible for fulfilling, administering, advertising or
promoting the Sweepstakes or supplying any prize, and the
immediate family and household members of such individuals,
are not eligible to enter the Sweepstakes or win the prize. “Immediate
family members” shall mean parents, step-parents, children,
step-children, siblings, step-siblings, or spouses, regardless
of where they live. “Household members” shall
mean people who share the same residence at least three months
a year, whether related or not. Mechanically altered or
reproduced Entries are not eligible. In order to enter
the Sweepstakes or receive the prize, you must fully comply with
the Official Rules, and by entering you agree to be bound by
these Official Rules and the decisions of Sponsors, whose decisions
shall be binding and final in all respects, and you certify that
you are eligible to enter.
2. HOW
TO ENTER: To enter, visit www.bicycling.com/schwinn (the “Web
Site”) during the Promotion Period and completely fill
out all the required fields on the entry form, including first
and last name, complete home mailing address (no P.O. Boxes),
date of birth and e-mail address. Then submit your entry
form to the Web Site (the “Entry” or “Entries”).
ALL ENTRIES MUST BE RECEIVED BY 11:59 pm ET, 12/31/2008. Limit
one (1) Entry per person per e-mail address per day throughout
the Promotion Period. Entries by the same person in excess
of the limits stated herein will be disqualified. Entries
submitted to the Web Site will be deemed to have been submitted
by the authorized account holder of the e-mail address submitted
at the time of the entry. “Authorized account holder” is
defined as the natural person who is assigned to an e-mail address
by an Internet access provider, online service provider or organization
(e.g., business, educational institution, etc.) that is responsible
for assigning e-mail addresses for the domain associated with
the submitted e-mail address.
3. RANDOM DRAWING; ODDS OF WINNING: Sponsors
will randomly select the winner(s) from among all eligible
entries received on or around 1/15/2009. Odds of winning depend
on the total number of eligible entries received.
4. WINNER
NOTIFICATION: Potential
winner(s) will be notified by e-mail using the information provided
on his/her Entry, on or about 1/31/2009. Sponsors will then send
to potential winner(s) by e-mail, at the e-mail address on his/her
Entry, an Affidavit of Eligibility, Release of Liability, Publicity
Release, unless prohibited by law, and any other documentation
that Sponsors require (the “Affidavit”). In
order to redeem his/her prize, potential winner(s) shall sign,
have notarized, and return to Sponsors the Affidavit within five
(5) days from the date Sponsors sent the Affidavit. Any
guest (his/her parent/legal guardian if a resident of a jurisdiction
that deems him/her to be a minor) shall sign, have notarized
and return to Sponsors a Liability Release, Publicity Release,
unless prohibited by law, and any other documentation that Sponsors
require within five (5) days after receipt by the potential winner(s). In
the event: (a) potential winner(s) cannot be reached for whatever
reason after a reasonable effort has been exerted based on the
information stated in the Entry, (b) of noncompliance with the
above or within any of the aforesaid time periods, (c) potential
winner is found to be ineligible to enter the Sweepstakes or
receive the prize, (d) potential winner cannot or does not comply
with the Official Rules, (e) potential winner’s prize notification
or Affidavit is returned as undeliverable for whatever reason,
or (f) potential winner fails to fulfill the Affidavit-related
obligations, the potential winner shall be disqualified from
the Sweepstakes and an alternate potential winner may be selected,
at Sponsors’ sole discretion, from among the other eligible
entries received. Winner selection is under the supervision
of Sponsors, whose decisions are final and binding in all respects. If
entrant’s e-mail address, or home mailing address
changes after he/she enters the Sweepstakes, it is the entrant’s
sole responsibility to notify Sponsors by postal mailing notice
to the address stated below to be received before the end of
the Promotion Period.
5.
PRIZES: The approximate retail value
(the “ARV”) of the Prize is $7000 and includes the
following: One Schwinn Paramount 70th Anniversary Limited-Run
Special Edition Custom-Fitted Frame and Fork Road Bike. There
is a total of 1 prize to be awarded to one (1) winner. Prize
subject to any and all applicable terms and conditions. Any
depictions of prizes are for illustrative purposes only. All
federal, state and local taxes on the prize are the sole responsibility
of the winner. Winner will be sent an IRS Federal 1099-MISC
tax form for the retail value of any prize at or above $600. No
transfer, refund, substitution or replacement of prize permitted,
except that Sponsors reserve the right, in their sole discretion,
to substitute a prize of equal or greater value (or cash equivalent). ARV
of all prizes is in U.S. dollars. All prizes will be awarded
within 1 year of receipt of valid and executed winners’ affidavit
or prize confirmation. Any portion of the prize not accepted
or unclaimed and/or unused by the winner will be forfeited and
will not be substituted.
6. PUBLICITY
RELEASE; USE OF PERSONAL INFORMATION: Except
where prohibited or restricted by law, winner’s acceptance
of prize constitutes the winner’s agreement and consent
for Sponsors to use and/or publish winner’s full name,
city and state of residence, photographs or other likenesses,
Entry, pictures, portraits, voice, testimonials, biographical
information (in whole or in part), and/or statements made by
winner regarding the Sweepstakes or Sponsors, worldwide and in
perpetuity for any and all purposes, including, but not limited
to, advertising, trade and/or promotion on behalf of Sponsors,
in any and all forms of media, now known or hereafter devised,
including, but not limited to, print, TV, radio, electronic,
cable, or World Wide Web, without further limitation, restriction,
compensation, notice, review, or approval. By entering
the Sweepstakes, entrants will be sharing their personal information
with Sponsors. Personal information collected by Sponsors
will be used for administration of the Sweepstakes and awarding
the prize. In addition, by entering, entrants agree to
Rodale Inc.’s use of entrant’s personal information
as described in its privacy policy at http://www.rodale.com/1,6597,8-114,00.html.
Please refer to Rodale Inc.’s privacy policy for important
information regarding the collection, use and disclosure of personal
information by Rodale Inc. Rodale Inc. is not responsible for
disclosures made by any third party. Rodale uses reasonable commercial
efforts to comply with Federal CAN–SPAM law and entrants
may subsequently opt-out of receiving further emails by following
opt-out instructions contained in Rodale’s privacy policy. All
entries become the property of Sponsors upon receipt and will
not be acknowledged or returned. For Canadian residents, entrants
also agree that by entering the Sweepstakes, their personal information
will be transferred to Sponsors in the United States of America
for the above purposes, and may be accessed by the U.S. authorities
in accordance with U.S. laws, regulations, and/or court orders. Entrants’ personal
information will not be provided to any third parties, other
than as provided for in the Official Rules or in accordance with
Rodale’s privacy policy.
7. NO
TAMPERING; RIGHT TO CANCEL, MODIFY: Sponsors
and their parent companies, subsidiaries, affiliates, partners,
representatives, agents, successors, assigns, employees, officers
and directors shall not have any obligation or responsibility,
including any responsibility to award any prize to entrants,
with regard to: (a) Entries that contain inaccurate information
or do not comply with or violate the Official Rules; (b) Entries,
prize claims or notifications that are lost, late, incomplete,
illegible, unintelligible, damaged or otherwise not received
by the intended recipient, in whole or in part, due to computer,
human or technical error of any kind; (c) entrants who have committed
fraud or deception in entering or participating in the Sweepstakes
or claiming the prize; (d) telephone, electronic, hardware, software,
network, Internet or computer malfunctions, failures or difficulties;
(e) any inability of the winner to accept the prize for any reason;
(f) if a prize cannot be awarded due to travel cancellation,
delays or interruptions due to Acts of God, natural disasters,
terrorism, weather or any other similar event beyond Sponsors’ reasonable
control; or (g) any damages, injuries or losses of any kind caused
by any prize or resulting from awarding, acceptance, possession,
use, misuse, loss or misdirection of any prize or resulting from
participating in this promotion or any promotion or prize related
activities. Sponsors reserve the right, in their sole discretion,
to disqualify any individual it finds to be (a) tampering with
the entry process or the operation of the Sweepstakes, or with
any Web sites promoting the Sweepstakes; (b) acting in violation
of the Official Rules; or (c) entering or attempting to enter
the Sweepstakes multiple times through the use of multiple e-mail
addresses or the use of any robotic or automated devices to submit
entries. If Sponsors determine, in their sole discretion,
that technical difficulties or unforeseen events compromise the
integrity or viability of the Sweepstakes, Sponsors reserve the
right to void the entries at issue, and/or terminate the relevant
portion of the Sweepstakes promotion, including the entire Sweepstakes
promotion, and/or modify the Sweepstakes and/or conduct a random
drawing to award the prize(s) using all eligible entries received
as of the termination date. If the Sweepstakes is terminated
or modified due to technical difficulties or unforeseen events
prior to the expiration date of the Promotion Period, notice
will be posted at www.bicycling.com/schwinn
8. RELEASE
OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Sweepstakes, entrants and winner
agree to release and hold harmless Sponsors and their parent
companies, subsidiaries, affiliates, partners, representatives,
agents, successors, assigns, employees, officers and directors,
from any and all liability, for loss, harm, damage, injury,
cost or expense whatsoever including without limitation,
property damage, personal injury (including emotional distress),
and/or death which may occur in connection with preparation
for, or participation in, the Sweepstakes, or possession,
acceptance and/or use or misuse of the prize or participation
in any Sweepstakes-related activity and for any claims or
causes of action based on publicity rights, defamation or
invasion of privacy and merchandise delivery. By accepting the
prize, winner agrees that any liability concerning or arising
out of the prize rests solely with the manufacturer of the
goods or their affiliates. Sponsors and their parent
companies, subsidiaries, affiliates, partners, representatives,
agents, successors, assigns, employees, officers and directors
assume no responsibility for any injury or damage to entrants
or to any other person’s computer, regardless of how
caused, relating to or resulting from entering or downloading
materials or software in connection with this Sweepstakes. Entrants
and winners acknowledge that Sponsors have neither made nor
are in any manner responsible or liable for any warranty, representations
or guarantees, express or implied, in fact or in law, relative
to any prize, including, but not limited to, express warranties
provided by the manufacturer of the goods or their affiliates. Except
where prohibited, all issues and questions concerning the construction,
validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of entrant or Sponsors
in connection with the Sweepstakes, shall be governed by, and
construed in accordance with, the laws of the Commonwealth
of Pennsylvania without giving effect to any choice of law
or conflict of law rules (whether of the Commonwealth of Pennsylvania,
or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the Commonwealth
of Pennsylvania. In addition, any dispute relating to the Sweepstakes
(including these Official Rules) shall be brought in the appropriate
state or federal court having jurisdiction over the subject
matter located in the County of Lehigh, Pennsylvania. Entrants
hereby irrevocably consent to the personal jurisdiction of
said courts and waive any claim of forum non conveniens or
lack of personal jurisdiction they may have.
9. LIST
OF WINNERS; FUTURE SWEEPSTAKES/CONTESTS: A
winners’ list will be posted on the Web Site on or about
2/15/2009 or to receive a list of the winners after 2/15/2009
by mail send a self-addressed envelope, with applicable U.S.
postage affixed, to: Bicycling-Schwinn Sweepstakes, Rodale Inc.,
400 S. Tenth St. Attn: Online Circulation or by e-mail send an
e-mail to info@Rodale.com and in the body of the e-mail type:
Please e-mail me the winner’s list for the Bicycling-Schwinn
Sweepstakes.
10. SPONSOR: The Sponsors of the Sweepstakes are Rodale Inc., 33 East
Minor Street, Emmaus, PA 18098-0099, and Schwinn Paramount,
4902 Hammersley Road, Madison, WI. 53711. |